Transcript Document

Staff Immigration Team
Tier 2 Sponsorship
A comprehensive guide for departments and colleges
March 2015
Staff
Immigration
Team
Staff Immigration Team
Staff Immigration Team
James Baker – Staff Immigration Team Leader
Tel: (2)89908 / email [email protected]
Natalie Goldsmith – Staff Immigration Officer
Tel: (2)89912 / email [email protected]
Tim Currie – Staff Immigration Officer
Tel: (2)89903 / email [email protected]
Angela Dolby – Staff Immigration Assistant
Tel: (2)89904 / email
Humanities / MPLS / Colleges A – P
Lisa Crook – Staff Immigration Assistant
Tel: (2)89919 / email [email protected]
Medical Sciences / Social Sciences / Colleges Q – W
David Richardson – Staff Immigration Admin Assistant
Tel: (2)89926 / email [email protected]
Website: http://www.admin.ox.ac.uk/personnel/permits/
Staff Immigration Team
What we do
• Advise departments, colleges and migrants on Tier 2 and Tier 5
process and requirements.
• Process Tier 2 and Tier 5 Certificate of Sponsorship applications.
• Process Tier 2 and Tier 5 leave to remain applications on behalf of
migrants.
• Hold all data for Tier 2 and Tier 5 migrants centrally.
• Advise departments and colleges on right to work in the UK.
• Manage complex cases and matters of non-compliance with external
legal input where necessary.
• Provide regular training on Tier 2, Tier 5, right to work and visitors.
• Report to the Audit and Scrutiny Committee on immigration and right
to work compliance.
• Represent the collegiate University’s comments and concerns with
immigration policy to the Home Office.
Staff Immigration Team
Current news
Staff Immigration Team
Contents of today’s session
• Compliance
• The Points-Based System and Tier 2 overview
• Recruitment
• Certificate of Sponsorship application
• Visa application
• Migrant’s arrival in the UK
• Changes during employment
• Visa extensions
• Changing employment
• Croatian nationals
• Visa restrictions and conditions
• Application fees
Staff Immigration Team
Compliance
• Home Office rules are complex, onerous and inflexible…but
compliance is mandatory.
• Oxford have a good relationship with the Home Office and have
lobbied successfully in the past for key changes.
• Consequences of non-compliance with Home Office rules:
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Down-grading of the University’s sponsor licence to a B rating - would not be
able to sponsor new migrants from overseas
Withdrawal of the sponsor licence - all sponsored migrants would have to leave
the University and the UK
Up to £20,000 fine for each illegal migrant
Up to 2 year prison sentence and/or an unlimited fine if illegal migrant workers
are employed knowingly
A breach of Home Office requirements from a single college or department
(including those who do not have any Tier 2 or Tier 5 sponsored migrants)
may result in serious consequences for entire Collegiate University.
Staff Immigration Team
Points-Based System
Tier 1
Tier 2
Tier 3
Tier 4
Tier 5
• Exceptional Talent (people with exceptional talent/emerging exceptional talent)
• Graduate Entrepreneur (graduate with credible business idea)
• Entrepreneur (those who wish to set up business in the UK)
• General (sponsored skilled workers with a job offer)
• Route closed
• Students (managed by Student Information and Advisory Service)
• Government Authorised Exchange (supernumerary researchers, lecturers, external examiners)
• Youth Mobility Scheme (for people under 31 from qualifying countries)
Staff Immigration Team
Tier 2 sponsored migrants
• Nationals of non-EEA countries who require a visa
to work in the UK
• Fill a vacancy advertised to meet Home Office
RLMT requirements/ named researcher on a grant
• Hold University/college contract of employment
• Paid via University/college payroll
Staff Immigration Team
Tier 2 process
Stage 1:
Recruitment
Stage 2:
Arrival in UK
Data to be sent at each stage to be held centrally by SIT
Stage 1: recruitment – using COS form
Stage 2: arrival in UK – using Arrival form
Stage 3: during/end of employment – using Changes/leaver form
Stage 3:
During & end
Staff Immigration Team
STAGE 1:
RESIDENT LABOUR MARKET TEST AND
RECRUITMENT
Staff Immigration Team
Vacancy and Resident Labour Market
Test (RLMT)
Do you need to meet RLMT requirements?
Exemptions from the need to meet the Home Office’s RLMT requirements:
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Researchers named on an external grant
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Annual salary over £153,500
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Tier 2 extensions
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Students/Tier 4 switching into Tier 2
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Switching from Tier 1 Graduate Entrepreneur
Staff Immigration Team
Vacancy and RLMT
Minimum salary requirements – is the post eligible for a Tier
2 COS?
• Salary below £20,500 pa. – not eligible
• Academic/ research posts are usually eligible – advertise to
meet RLMT requirements
• Other posts (e.g. admin, IT) – check post and salary criteria in
“Codes of Practice” or contact SIT
• Codes of Practice list all posts which may be eligible for Tier 2
and min. salary requirements (note different salary thresholds
for ‘new entrants’ and ‘experienced workers’)
• https://www.gov.uk/government/collections/sponsorshipinformation-for-employers-and-educators
Staff Immigration Team
Vacancy and RLMT
Does the post meet the minimum salary requirement?
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New Entrant:
• Switching from Tier 1 (Post-study Work) or Tier 4 under the poststudy provisions and;
• Aged 25 or under on the date of their Tier 2 visa application.
• Not classed as new entrant if applying to extend total stay in Tier
2 and/or as a work permit holder beyond 3 years and 1 month
Experienced Workers:
• Anyone not switching into Tier 2 under the post-study provisions
and aged 26 or over on the date of their Tier 2 visa application;
• Anyone wishing to extend their total stay in Tier 2 and/or as a
work permit holder beyond 3 years and 1 month.
Staff Immigration Team
Vacancy and RLMT
Advert timescales
•
Minimum 28 calendar day advertising period (may be split into two periods –
each period no less than one week)
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Academic/research posts – max. 12 months between date of advertising and
date COS issued
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Other posts (e.g. admin/ IT) – max 6 months between date of advertising and
date COS issued
Where to advertise
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Adverts placed in two acceptable places:
o Academic/research posts and posts with annual salary above £71,600 –
University website, jobs.ac.uk, national newspaper, professional journal,
recruitment website (e.g. monster)
o Other (e.g. admin/IT) – Universal Jobmatch (compulsory) and University
website, jobs.ac.uk, national newspaper, professional journal, recruitment
website (e.g. monster)
Staff Immigration Team
Vacancy and RLMT
Website
• Online version of a newspaper or professional journal
• Website of a prominent professional or recruitment organisation, which does
not charge a fee to jobseekers
• Employers own website under certain strict conditions (the University of
Oxford’s main recruitment website is acceptable)
Professional journal
• Available nationally through retail outlets or through subscription,
• Published at least once a month, and
• Related to the nature of the job
Newspaper (rarely used at Oxford)
• Marketed throughout the UK or where the job is located, and
• Published at least once a week.
Staff Immigration Team
Vacancy and RLMT
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.)
• Note exception for use of “competitive salary”
• Skills and experience needed
• Qualification required
• Closing date for applications
NB – Include a link to the Further Particulars in all adverts.
Staff Immigration Team
How to quote salary in adverts
Choose one of the following options:
1.
Put the whole salary range, consider whether it is
necessary to include the discretionary range depending on post
type and market rates
2.
Put in “from” and state the bottom of the range – and go to
SAP when the actual salary is known if above the range
3.
Put in “Competitive Salary” – but only where Division/SAP
have given approval before the advertisement is placed
The use of “competitive salary” is expected to be rare.
Staff Immigration Team
Vacancy and RLMT
Record-keeping
• Print advert on first day it appears
• Print out must show:
• Advert content (seven key details)
• Name and logo of host website/publication
• URL
• Date of printing
• Vacancy reference number
• Retain copies in case advert is required for Tier 2 COS
application
Staff Immigration Team
Note on JobCentre Plus adverts
• JobCentre Plus is now Universal JobMatch
• To place an advert:
Universal JobMatch:
https://www.gov.uk/jobsearch
Businesslink:
https://jobvacancies.businesslink.gov.uk/IndexDwp.aspx
• Some departments print the JobCentre Plus advert from their
Businesslink account rather than from the Universal JobMatch
account as the applicant would see it – this cannot be accepted
for a CoS application.
Staff Immigration Team
Activity 1
Job advert - spot the mistakes
Time – 5 minutes
Staff Immigration Team
Interview and selection
• Academic and research posts – best person may be
selected
• All other posts – EEA national/settled worker must be
selected if they meet selection criteria (even if a migrant
worker better meets the criteria).
• Selection panel complete Recruitment Decision Summary
Grid (one per post)
• Reasons for refusal must refer directly to selection criteria
• Departments and colleges responsible for quality of
information
• Online Recruitment and Selection course
http://www.learning.ox.ac.uk/seminar_desc.php?cat=az&ls
=&cc=PER/REC/ONLI&page=3&id
Staff Immigration Team
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
KAREN
JONES
N
Limited experience in cell/tissue culture. Approx. 8 months from completing
PhD.
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
Y
Staff Immigration Team
Tier 2 points criteria
Requirement
Points
Valid Certificate of Sponsorship issued by the University’s SIT.
30
Salary meets the minimum the rate detailed in the appropriate Code of Practice for a
‘new entrant’ or ‘experienced worker’, or £20,500 per annum, whichever is higher.
20
Maintenance: either (a) the equivalent of £945 of personal savings held for at least 90
days prior to the date of the visa application, plus additional savings (£630) for each
accompanying dependant, or, (b) confirmation from the employing department/college
that it will if necessary maintain and accommodate the migrant to a minimum value of
£945 (and accompanying dependants to a minimum value of £630 each, if required)
during the first month of employment.
10
English language: (a) national of an English-speaking country as defined by the HO, or
(b) has studied for a degree via the medium of English, or (c) has passed a HO approved
English language test.
10
Points criteria
Staff Immigration Team
COS application
A COS is a Home Office database record which shows details of the
post the migrant will be filling
In-country applicants:
• The University hold an allocation of COS which can be issued at any
time without prior approval from Home Office
Overseas applicants:
• The University must apply to the Home Office for a COS on a case-bycase basis
• Applications to the Home Office are made monthly by SIT- deadline
29th of the month to be considered by Home Office early the following
month
Staff Immigration Team
COS application
• Apply approx. 3 months before start date / visa
expiry date
• Late submission/ issues = possible delay in start
date
• Submit applications and documents electronically
• Put supporting documents in one folder – password
protect the folder using 7Zip
• Email applications to Staff Immigration Assistant –
mark as confidential
Staff Immigration Team
COS application form
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Eligibility – note 12 month ‘cooling off’ period
Points criteria – 70 points required
Maintenance – can be certified by department or college (including
dependents if necessary)
Passport info - must be passport that will be used for visa application
Contact details – in country in which the migrant will apply for their visa
ID numbers – NI number, national ID card number etc.
Employment details – start date, end date, salary, job description etc.
Recruitment – details of advertising
Record-keeping and reporting declaration
List of supporting documents – note naming conventions
Payment – account code to cross charge application fee to. Colleges to
pay by cheque
Declaration – to be completed by key contact/ responsible person
delegated by key contact
Staff Immigration Team
Activity 2
COS application - spot the mistakes
Time – 5 minutes
Staff Immigration Team
Visa/leave to remain application
• SIT issue COS to migrant (both overseas and in-country) by email with details on how
to apply for their visa. Email copied to department/college HR contact
• Advise migrants to apply as soon as possible – to avoid delay in start date
• Must apply no later than three months after COS is issued (COS expires after three
months)
Overseas applicants (visa):
• Application process varies slightly from country to country
• Online applications in most countries – supporting documents sent to follow
• Supporting documents – evidence of meeting maintenance and English language
point requirements, passport, photographs etc.
• Must give biometric details (fingerprints and photographs) at Biometric Enrolment
Centre as part of the application process
• May be subject to “genuineness test”
• Tuberculosis testing for nationals of some countries
• Priority service available in some countries – premium fee
• Must notify department/college if start date cannot be met for any reason
(department/college must notify SIT immediately)
Staff Immigration Team
Visa/leave to remain application
In-country applicants (leave to remain):
• Applications made through SIT (including dependents)
• Applications currently made on paper form
• Supporting documents (depending on circumstances) – evidence of
meeting English language, maintenance, passport, photographs etc.
• Required to give biometric details at Post Office/ Biometric Enrolment
Centre before HO will make a decision on the application
• May be subject to “genuineness test”
• HO in person appointment services available for urgent applications –
contact SIT
• Priority postal applications available
• Decision and documents returned to SIT
Staff Immigration Team
STAGE 2:
ARRIVAL
Staff Immigration Team
Arrival
1. Conduct RTW check before migrant commences work
2. Departments fill out Right to Work screen in CORE
3. Add to your list of List B document holders (include expiry date and
type of visa)
4. Fill out Arrival Form and send to SIT within five working days of start
date with:
• Contact details (even if temporary)
• Contract copy
• RTW copy
• NI number – with confirmation that this has been recorded on
CORE (or other HR system - colleges) - can follow if not available
on arrival.
5. Communicate with migrant about reporting changed in contact details,
absence and non UK travel
6. Form at
http://www.admin.ox.ac.uk/personnel/permits/forms/#d.en.50259
Staff Immigration Team
STAGE 3:
CHANGES DURING EMPLOYMENT
Staff Immigration Team
Changes during employment
1. 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
2. SIT is required to record/report above changes to the Home Office
3. Update CORE with changes (departments only)
4. Record annual leave and sick absence according to policy for staff group – keep in
department/ college
5. Repeat RTW check before visa is due to expire (unless migrant will leave in line with
visa) and send copies of RTW for T2 and T5 sponsored migrants to SIT
Form at http://www.admin.ox.ac.uk/personnel/permits/forms/#d.en.50259
Staff Immigration Team
Absence recording and reporting
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
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
Absence policy overview
Academic staff
• Sickness – must report to line manager as soon as possible on first
day of absence
• Annual leave – determine own duration of working time but in
accordance with regulations, Academic staff are entitled to at least the
statutory minimum number of days paid holiday per year
Academic related and support staff
• Sickness – must report to line manager as soon as possible on first
day of absence
• Annual leave – entitlement as specified in letter of appointment
Procedures must be in place to record sick and annual leave
for all Tier 2 sponsored migrants – Home Office policy
Staff Immigration Team
Tier 2 visa extensions
• New COS required (use Tier 2 COS Extension form)
• Apply for COS approx. 3 months before visa expiry date
• Job details must remain same as on original COS (duties,
location, job title etc.).
• Salary increases as a result of annual increments permissible
• Visa application to be made no later than six weeks before visa
expires
• Visa application checked and submitted by SIT
• In person appointments available for urgent applications
Staff Immigration Team
Switching employment
Migrants already in the UK on a Tier 2 visa with a different
employer cannot start a new post with the University until:
• SIT have issued them a COS has been issued and
• Their new leave to remain (visa) application has been approved
by the Home Office and
• Their new Biometric Residence Permit has been received
Migrants already working for the University on a Tier 2 visa may be
able to change employment without having to obtain a new visa, if:
• The new job is in the same SOC code (i.e. same profession –
research, teaching, IT etc.) and
• Is paid at the appropriate level.
Staff Immigration Team
Visa restrictions and conditions
• Tier 2 visas are job specific – supplementary employment
permitted under specific circumstances
• Must be paid into own bank account – cash payments
prohibited
• No recourse to public funds (i.e. must not claim benefits) –
exclusions apply for nationals of some countries
• Voluntary work permitted
Staff Immigration Team
Supplementary employment
Supplementary employment permitted where the supplementary work is:
• in the same profession as the job specified on the COS e.g. a
University Lecturer may take up supplementary teaching or
research for another department or organisation, or in a job which is
on the 'shortage occupation list’
• at the same professional level as the job specified on the COS, e.g.
paid at the same level
• for no more than 20 hours per week
• outside the working hours covered by the COS.
NB the Home Office do not view University teaching and research as the
same profession – if a researcher is expected to teach – put it in the
further particulars and on COS
Staff Immigration Team
Croatian nationals
• Require a COS
• Apply for a Registration Certificate instead of a visa
• Same rules apply for COS application except:
• No cooling off period
• No maintenance requirement
• level of post (NQF Level 4)
Staff Immigration Team
Data holding
• Hard copies to be kept by department/college
• SIT will hold an electronic data record for Tier 2 migrants centrally except:
• Absence and sick records – to be recorded according to staff group and
retained by department/college
• Interview notes – do not destroy until six months after migrant leaves/ the
University stops sponsoring them
• Send data to SIT at three stages:
• Recruitment – using COS form
• On arrival – using arrival form
• During/end of employment – using Changes/leaver form
• See www.admin.ox.ac.uk/personnel/recruit/recruitproc/feedback/retention/ for
info on how long documents need to be retained
Staff Immigration Team
Application fees
• COS – paid for by SIT and cross-charged (colleges
send cheque)
• In country leave to remain – paid for by SIT and
cross-charged (colleges include own payment details
on form)
• Overseas visa – paid for by migrant
• Latest fees https://www.gov.uk/tier-2-general/overview
Staff Immigration Team
Summary
• Meet Home Office Resident Labour Market Test requirements –
remember the seven key details
• Keep up to date absence records (sick and annual leave)
• Keep recruitment information – destroy six months after employment/
sponsorship ends
• Apply in good time
• Report changes within five working days
• Keep CORE up to date (departments only)
• Send all required data on Tier 2 and Tier 5 migrants to SIT
• Self-audit to ensure that all required past changes have been notified
Staff Immigration Team
Questions