Transcript STAFF IMMIGRATION: AN OVERVIEW

Staff Immigration and Right to Work:
Refresher and Introduction to New Processes
Staff Immigration Team
July 2014
Staff
Immigration
Team
1
Contents
Contents
• Staff Immigration Team
• Immigration - Sponsored Migrants
• Right to Work – updated policy and
refresher of process
Staff
Immigration
Team
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Staff Immigration Team (SIT)
James Baker – Staff Immigration Team Leader (starts 18 August 2014)
Email [email protected]
Natalie Goldsmith – Staff Immigration Officer
Tel: (2)89912 / email [email protected]
Tim Currie – Staff Immigration Officer
Tel: (2)89909 / email [email protected]
Website: http://www.admin.ox.ac.uk/personnel/permits/
Staff
Immigration
Team
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What’s new?
• Central data holding for T2 and T5 migrants
– Process for existing migrants – starts today
– Process for new recruits – starts 1 August
– Revised and new forms
• CORE Right to Work screen going live 1 August
(departments only)
• New guidance on absence
• Definition of responsibilities
• Department/college key contact
• Right to Work – revised policy and Home Office updates
Staff
Immigration
Team
Look out for this symbol!
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Sponsored Migrants
Immigration
5
What is a Sponsored Migrant?
Non-EEA national who requires sponsorship from an employer/host to obtain a work visa.
Tier 2:
• Fill a vacancy – advertised to meet RLMT requirements/ named researcher on a grant
• Hold University/college contract of employment
• Paid via University/college payroll
Tier 5:
• Supernumerary researcher/ lecturer/ external examiner
• Employed overseas by a research institute or HEI. Takes part in research/teaching that is
additional to normal staffing requirements (i.e. they are not filling a post)
• Funding to meet NMW (usually funded by overseas employer/external grant but may be
funded by department/college)
• Intend to return to overseas post
• Visa max. two years
Staff
Immigration
Team
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Tier 2 and Tier 5 Process for New
Recruits - Overview
Stage 1:
Recruitment
Stage 2:
Arrival in UK
Stage 3:
During & end of spon.
Tier 2 process
Vacancy and
RLMT
Interview
and
selection
Tier 5 process
Tier 5
opportunity
identified
Staff
Immigration
Team
COS
application
Visa
application
Arrival in
the UK
During and
end of
sponsorship
Process is the same from this point
Tier 5
opportunity
confirmed
COS
application
Visa
application
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Arrival in
the UK
During and
end of
sponsorship
Stage 1: Recruitment
Vacancy and
RLMT
Interview
and
selection
COS
application
Visa
application
Arrival in
the UK
During and
end of
sponsorship
1. Advertise post to meet Resident Labour Market Test (all academic and research posts)
2. Shortlist and interview – select a candidate
3. If candidate will need a Tier 2 visa collect following data:
• Data Protection Consent Form (colleges – all T2/5. Departments – T5 only)
• Job Description for post
• Copy of Advert - RLMT proof of advertising (details coming up)
• Applications of shortlisted candidates (edited pdf from CORE) in one document
• Recruitment Decision Summary Grid (details coming up)
• Current passport and UK visa (if applicable)
• Qualification and accreditation certificates
• Allowance valuation (if applicable)
• Various other docs depending on circumstances (see CoS form)
4. Fill out Application for CoS and attach copies of the above data (details coming up)
5. CoS is assigned – visa application made and granted
6. Pre-employment administration – as for all employees
NB – Apply for COS around 3 months before start date & in-country visa applications at least
6 weeks before expiry of visa.
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Advertising to meet Resident
Tier 2 application process
Labour Market Test Requirements
Seven things which must be included in an advert:
• Job title (must match contract and COS, and be consistent across all adverts)
• Main duties and responsibilities
• Location of the job
• Salary range/package, and the terms on offer (e.g. guaranteed allowances,
fixed term conditions etc.)
• Skills and experience needed
• Qualification required
• Closing date for applications
NB – Include a link to the Further Particulars in all adverts.
•
•
•
Adverts to be placed for min. 28 days in two acceptable places (Universal Jobmatch for
non-academic/research posts)
Max. 12 months between date of advertising and COS issue date (academic/research)
and max. 6 months for all other posts
Print ‘live’ advert on date of posting
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Recruitment Decision Summary
Grid
Shortlisted
candidate
name
Offer?
Summary of selection panel’s reason for decision by reference to selection criteria
JAMES
BROWN
N
Very few publications and in unrelated area. Limited experience in cell/tissue
culture.
PIERRE
BLANC
JIN LIU
N
Limited experience in cell/tissue culture. Approx. 8 months from completing PhD.
Y
KAREN
JONES
N
High level of experience In cell/tissue culture. Excellent evidence of contribution of
ideas for new projects. Excellent publication record.
High level of experience In cell/tissue culture. Good evidence of contribution of
ideas for new projects but less so than selected candidate. Excellent publication
record.
Y/N
Must be completed for T2 applications
Comments must make reference to selection criteria
Academic and research posts – best person may be selected
All other posts – EEA national must be selected if they meet selection criteria
(even if a migrant worker better meets the criteria).
• Departments and colleges responsible for quality of information provided
• Keep recruitment documents (including interview notes)
•
•
•
•
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Recruitment: COS Application Form
• No changes to application details
• Attach documents required
• Signature no longer required; the form contains
a declaration instead
• Send to Angela/Laxmi as usual
Staff
Immigration
Team
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Stage 2: Arrival in the UK
Vacancy and
RLMT
Interview
and
selection
COS
application
Visa
application
Arrival in
the UK
During and
end of
sponsorship
1. If migrant does not arrive on start date given on CoS, notify SIT immediately using
Changes/Leaver Form
2. Conduct RTW check before migrant commences work
3. Departments fill out Right to Work screen in CORE – for both Tier 2 and 5 even if not
employees
4. Fill out Arrival Form (see form in pack) and send to SIT within five working days of start
date with:
• Contact details (even if temporary)
• Contract copy
• RTW copy
• NI number (can follow if not available on arrival)
5. Communicate with migrant about reporting contact details, absence and non UK travel
Staff
Immigration
Team
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Stage 3– During and End of
Tier 2 application process
Sponsorship
Vacancy and
RLMT
1.
2.
3.
4.
5.
6.
Interview
and
selection
COS
application
Visa
application
Arrival in
the UK
During and
end of
sponsorship
Use the Changes/Leaver Form to inform SIT within 5 working days of:
•
Change in start date on CoS/ did not arrive on start date
•
Change in job details (e.g. job title/ duties/ salary/ hours/ work location)
•
Change in residential address/contact details (these must always be up to date)
•
Unauthorised absence (of more than ten consecutive working days)
•
Authorised unpaid leave of up to one month in twelve months (Jan-Dec)
•
Change in salary due to leave (maternity, paternity, adoption, sick)
•
Left early (e.g. finished early/ resigned/ funding withdrawn/ dismissed)
•
Change in immigration status (e.g. granted ILR/ other visa/ other nationality)
•
Left as expected in line with visa
SIT is required to record/report above changes to the Home Office
Update CORE with above changes (departments only)
Record annual leave and sick absence according to policy for staff group – keep in dept/college
Repeat RTW check before visa is due to expire (unless migrant will leave in line with visa)
Send repeat RTW check with new visa for T2 and T5 sponsored migrants to SIT
NB: Applies to Tier 2 and Tier 5
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Absence Policy for Sponsored
Leave - Policy
Migrants
Normal work related travel – does not need to be recorded or reported
Unauthorised absence – when a T2/5 migrant does not arrive for an expected work contact (e.g. to give
a lecture)
– If a migrant does not show for work when expected – contact them immediately!
– If absence is explained (e.g. sick, family emergency) – not classed as unauthorised
– Record unauthorised absence and report unauthorised absences of more than ten consecutive
working days to SIT (Changes/Leaver Form)
Contact details vital – must be able to contact migrant in reasonable time
– If migrant is travelling to out of contact area they must notify admin
Annual leave and sick absence – record according to staff group – and keep in department/college (Tier
2 and 5)
Communicate with migrants – about this policy
NB For Indefinite Leave to Remain Applications - migrant must record all out of UK travel for their
application
Staff
Immigration
Team
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Data Security and Data Protection
• Password protect documents using 7Zip (put all docs in one folder
and password protect the folder) and mark emails as confidential –
use password provided
• Colleges - written permission from all Tier 2 and Tier 5 migrants for
university to process their data using Data Protection Consent Form
• Departments - written permission from all Tier 5 migrants for
university to process their data using Data Protection Consent Form
• Please complete and provide declaration for any existing and new
migrants
Staff
Immigration
Team
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Process Summary:
New
Recruits
New Recruits
• New process for all new recruitment from 1 August using Data
Checklist for T2/T5 New Recruits
• New forms will be on website from 1 August
• We will email to remind you that new process is starting
• Keep absence record (e.g. annual leave, sick) and interview
notes in department/college
• Email application and data for new recruits to Angela/Laxmi
Staff
Immigration
Team
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Process: Existing Sponsored
Migrants in Oxford by June 2014
Migrants
1.
Applies to anybody issued with/with a COS application pending, before 1
August
2. Use Data Checklist for Existing T2/T5 Migrants (see website) - send data
by 15 Sep
3. Scan documents
4. Name each file using the naming conventions in the checklist
5. Put files in one folder and password protect folder using 7Zip and the
password provided
6. Email to [email protected] (data for existing migrants only - any
new applications go to Angela/Laxmi)
NB: All recruitment info (applications, notes from final interviews, reasons for
refusal) and absence records will remain in departments – do not destroy!
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Central
Tier 2Data
application
Holdingprocess
Summary
New recruits:
•
New process to start from 1 August
•
Data to be sent to SIT at three stages – use checklist:
– Recruitment (using COS Application form)
– On arrival in the UK (using On Arrival Form)
– During/end of employment (using Changes Form)
•
Electronic copies only (password protect folder) – hard copies kept in personnel files
•
Keep absence record (e.g. annual leave, sick) and interview notes in department/college
Existing migrants:
•
Scan and send all data by 15 Sep – use checklist – starts today
•
Data security – password protect folder
•
Electronic copies only – hard copies kept in personnel files
•
Keep absence record (e.g. annual leave, sick) and all recruitment data (applications, interview notes
etc) in department/college – no need to complete Recruitment Summary Decision Grid
Migrants who have left:
•
Data to remain in departments/colleges – do not destroy!
Staff
Immigration
Team
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Key Contact in Departments and Colleges
• Departments – normally Departmental Administrator
• Colleges – normally member of governing body or delegated by a member
of a governing body
• SIT will be writing to each Key Contact
Role of Key Contact
• Responsible for immigration and right to work compliance in each
department and college (keeping our sponsor license)
• Key contact point between department/college and SIT for non-routine
matters
• Contact point for audit and monitoring
Staff
Immigration
Team
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Legal Advice Referral Service
•
•
•
Requests from departments and colleges only (not a direct advice line for migrants)
– where a request is received from a migrant directly, we will contact department/
college
All requests must go through SIT – departments do not take external legal advice
independently
Departments and colleges will be charged on a case by case basis – as agreed in
advance with SIT
Examples of external advice:
• Advice about which route is best in a complex case
• Non-sponsored work visas such as Tier 1, ILR, EEA family permits, spouse,
dependant, UK ancestry
• Appeals/ breach of conditions
• Visitor visas such as business, academic, Permitted Paid Engagements
Staff
Immigration
Team
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Responsibilities for Immigration
Registrar
Maintain the University’s Highly Trusted Sponsor Status with the Home Office
Assurance to the Audit and Scrutiny Committee
Departments and Colleges
Staff Immigration Team (SIT)
• Recruit migrant and apply for CoS
• Provide required data to SIT before
arrival, on arrival and changes while here
• Keep absence records for Tier2/5
• Key contact
• Fill in Immigration screen in CORE
• Communicate with migrants
•
•
•
•
•
•
Divisions
Sponsored Migrants
• Manage academic contracts and files
• Supply necessary immigration data to
departments/SIT
• Inform department/SIT of changes
• Record absence and non UK travel
• Notify dept. / college of change of
personal or job details
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Issue CoS
Record all data required by HO
Report changes to HO
Provide advice, training and guidance
Communicate with migrants
Refer non T2/5 advice to LS as required
Any Questions?
Staff
Immigration
Team
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RIGHT TO WORK
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What
Tier
is 2a application
Right to Work
process
Check?
•
•
•
A Home Office process to establish that each employee/casual worker has the right to
work in the UK
Must be completed before any work commences
Only documents listed by the Home Office (List A and List B) are acceptable proof of
right to work
List A documents:
• Provide permanent proof of right to work – no repeat checks required during
employment
• Most commonly British/EEA passport and indefinite leave to remain visa holders
List B documents:
• Provide time limited right to work – a repeat check must be done for ALL List B’s
before the document expires (unless the employee will leave on/before expiry of visa)
• Most commonly work visa/ Biometric Residence Permit holders
• Typical examples – Tier 1, Tier 2, Tier 4/student, Tier 5, dependant visa
Staff
Immigration
Team
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Who
Tier Needs
2 application
a RTWprocess
Check?
Who MUST HAVE a Right to Work check:
•
Employees paid through payroll
•
Casual staff paid through payroll
•
Anybody else who gets a payslip
•
All Tier 5 migrants
Who SHOULD have an immigration status check:
•
Anybody to whom you have issued a letter to facilitate an Academic, PPE (Permitted Paid Engagement)
visitor visa application/entry
•
Anybody to whom you have issued a letter to facilitate Business Visitors visa application/entry (unless
coming for very short visit, i.e. to attend a one-day conference)
•
Anybody doing Work Experience
Check visa and passport, copy, sign, date and retain for duration of visit – similar to RTW checks process
Who does not need a right to work check:
•
Self employed (HMRC rules)
•
Agency (done by Agency)
•
Temporary Staffing Service (done by TSS)
Staff
Immigration
Team
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Tier
Right
2 application
to Work Process
process
Obtain RTW
document
Check RTW
document
Copy and
retain RTW
document
Update CORE
(depts only)
Repeat RTW
check
(List B’s only)
Use new RTW checklist
1. Obtain document:
•
Only documents from List A (permanent proof of RTW) or List B (limited proof of RTW) acceptable
•
Original document and see the holder in person
•
Multiple appointments/engagements (List A) - a new Right to Work check should be completed if new job
is in a different department/college (except colleges out-tutor spreadsheet for recording RTW)
•
Multiple appointments/engagements (List B) - a new Right to Work check should be completed for each
new job/piece of work
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Right to Work Process
Obtain RTW
document
Check RTW
document
Copy and
retain RTW
document
Update CORE
(depts only)
Repeat RTW
check
(List B’s only)
2. Check right to work:
•
Document appears genuine
•
Photographs and DOB consistent
•
Visa in date and permits work in question
•
Check any difference in name
•
Employed student visa holders – note restrictions on hours (ask student to complete declaration) and
keep record of term and vacation dates
NB: T4 Doctorate Extension Scheme visas – no restriction on hours
3. Copy and retain:
•
Copy all pages (except passports)
•
Passports - copy pages with photo, expiry date, nationality, DOB, signature, visa, biometric details (front
cover no longer required)
•
Sign and date copy and retain for two years after employment ends
•
Send copy of Tier 2 and Tier 5 RTW docs to SIT
•
Keep an up to date list of ALL List B document holders and expiry dates
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Right to Work Process
Obtain RTW
document
Check RTW
document
Copy and
retain RTW
document
Update CORE
(depts only)
Repeat RTW
check
(List B’s only)
4. Update CORE (departments only):
• New screen
• Completion is mandatory for all new employees, Tier 5’s and casual workers
• To be completed for existing List B staff and Tier 5’s if not already completed – this will be
audited.
• Complete screen for casuals if not already completed
• See CORE Quick Reference Guide
Staff
Immigration
Team
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Right to Work Process
Obtain RTW
document
Check RTW
document
Copy and
retain RTW
document
Update CORE
(depts only)
Repeat RTW
check
(List B’s only)
5. Repeat check for ALL List B’s:
What is a repeat check?
•
A check to determine whether the employee/casual worker is able to continue to work beyond the expiry
date of their existing visa – must be completed before existing visa expires
•
If you want to extend contract beyond expiry date of existing visa, you must make sure that the
employee/casual worker has a new visa/ has applied for a new visa before their existing visa expires
•
Not required if contract will not be extended beyond expiry of existing visa
•
•
•
•
•
•
Repeat checks apply to ALL List B’s (Tier 1, Tier 2, Tier 4, Tier 5, dependant visas etc.)
Annual repeat checks no longer required
Put system in place to ensure repeat checks are made before visa expires
Must keep and maintain an up to date list of ALL List B’s and the expiry date of their visa/ RTW
document (Tier 1, Tier 2, Tier 4, Tier 5, dependant visas etc.)
Send copy of Tier 2 and Tier 5 RTW docs to SIT
Update CORE with new details – departments only
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Right to Work Process
Obtain RTW
document
Check RTW
document
Copy and
retain RTW
document
Update CORE
(depts only)
Repeat RTW
check
(List B’s only)
5. Repeat check for ALL List B’s (continued):
If extending contract beyond expiry of existing visa:
1. Approx. 3 months before expiry of existing visa check that migrant plans to extend their visa (either
through SIT if Tier 2/5, or independently for any other route).
2. On/ before expiry of existing visa, complete RTW check on the new visa (if available) following steps 1-4
If on expiry date of existing visa the new visa is not yet received from Home Office:
1. Seek and retain proof that application was made (e.g. HO acknowledgement letter, proof of postage –
SIT will forward HO acknowledgement letter for Tier 2/5). Permission to work extended for 28 days while
awaiting new visa.
2. On/ before 21st day after original visa expired, complete RTW check on the new visa (if available)
following steps 1-4
If by 21st day after expiry date of existing visa the new visa is still not yet received from Home Office:
1. Contact Employers Checking Service to confirm application received and RTW can continue
https://www.gov.uk/government/publications/employer-checking-service-form-check-employees-right-towork - contact no later than 21 days as it takes up to five days for the Home Office to respond
2. Positive verification from Home Office valid for six months.
3. Complete RTW check using new visa once received and within the six months time frame
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CORE Right to Work Screen
Going live 1 August 2014
Date record opened (i.e. date RTW check completed)
Leave blank for List A – record remains open
Date record closed. Leave blank for List B until date of repeat RTW check – enter date
before date of repeat check. This ‘closes’ record.
List A / List B / started pre-1997
If List A – select document
If List B – select document
Should match ‘Date From’ field
Person who checked and copied
original documents
Only required if List B
Use for further info. i.e. currently
applying ILR.
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New CORE Right to Work Screen
Closed categories
Staff
Immigration
Team
32
Responsibilities for Right to Work
Registrar
Maintain the University’s Highly Trusted Sponsor Status with the Home Office
Assurance to the Audit and Scrutiny Committee
Departments and Colleges
Staff Immigration Team (SIT)
•
•
•
•
•
• Provide guidance and training on RTW
• Record RTW checks for Tier 2/5s
provided by depts/colleges
• Provide audit systems
Carry out RTW Checks and file
Forward RTW checks for Tier 2/5s to SIT
Maintain list of List B’s and expiry dates
Key responsible contact
Enter RTW data into CORE, inc. existing
List B’s (depts only)
Divisions
• Ensure RTW check requirements fulfilled
• Enter RTW check info on CORE if
Staff
conducting RTW check within division
• Immigration
Forward RTW checks for Tier 2/5 to SIT
Team
Employees
• Cooperate with departments and
colleges when conducting initial and
repeat checks
• Understand consequences of noncompliance
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Any Further Questions?
Staff
Immigration
Team
34
Summary: Request to Departments
Tier 2 application process
and Colleges
Sponsored migrants
• New recruits - use new central data process and forms from 1 August
• Existing Tier 2/5 migrants – central data process starts today. Send data to SIT
by 15 Sep (starting with those who commenced employment from 10 Dec 2013)
• Departments - enter new and existing Tier 2/5 migrants into CORE by 1 Oct
• Report changes to Staff Immigration Team promptly- Changes/Leaver form
• Apply for COS around three months before start date and visa extensions no
later than six weeks before visa expiry.
Right to work
• Keep an up to date list of ALL List B’s and expiry dates
• Departments - record right to work for all in CORE including casuals
• Departments - put all existing List B’s (including casuals and Tier 5’s into CORE)
Do not hesitate to contact us!
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