The Glasgow School of Art. Home Office Tier 2 and Tier 5 Policy

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1 The Glasgow School of Art Home Office Tier 2 and Tier 5 Policy Context and General Approach This policy establishes the GSA approach to Home Office visa and immigration compliance. UK Government and Home Office policies are not superseded by this policy (see In order to recruit non-eea 1 nationals to work full-time in the UK, GSA must hold valid Tier 2 and Tier 5 Sponsor Licences which are issued and approved by the Home Office under the direction of the UK Government. GSA must apply for Tier 2 and Tier 5 licences every four years and must ensure compliance with Government legislation and the responsibilities of being a sponsor are being upheld. Moreover, it must be able to provide evidence of compliance if requested to do so by the Home Office by way of a visit or audit and failure to do so can result in the immediate suspension or revocation of the licence. Tier 2 (General) The Tier 2 (General) immigration route allows UK employers to appoint non-eea skilled workers to positions of employment in the UK which cannot be filled by a settled worker. A settled worker is an individual with leave to remain in the UK. They must also not displace a suitable settled worker. The number of migrant workers entering the UK using this immigration route is subject to annual limits set by the Government although there are some instances where the limit does not apply such as extensions to leave, changes in employment for those already in the UK, those switching immigration category and those entering the UK earning greater than 152,100. There are variations of the Tier 2 immigration route which allows certain workers to enter the UK. However, GSA only has permission under the Tier 2 (General) route. Assignment of Certificate of Sponsorship (CoS) A Certificate of Sponsorship can be assigned to the migrant taking up the position provided: - The position is at the appropriate skill level which for the majority of positions is degree level (NQF 6/SCQF 10) although some occupations allow for a skill level at NQF 4/SCQF 7 If required, a genuine resident labour market test must be conducted 1 Although Croatia acceded to the European Union (EU) on 1 July 2013 and Croatian nationals can move and reside freely in any EU Member State, if they want to work in the UK they must obtain an accession worker authorisation document before they start work, unless an exemption applies.

2 The remuneration meets the following minimum level for gross salary packages including any guaranteed bonuses and any allowances permitted Tier 2 (General) 20,300 per annum or the minimum appropriate rate for the job whichever is higher Leave under Tier 2 Leave on a Tier 2 visa is normally for 3 years and 1 month or the time given on the Certificate of Sponsorship plus 1 month, whichever is shorter. The migrant must not own more than 10 per cent of the sponsor's shares and will have no access to state benefits or other public funds. They must register with the police if the total stay in the UK will be more than 6 months and they are a national of a country listed in Appendix 2 of the Immigration Rules. The only work that the migrant can do is the job described in the Certificate of Sponsorship, working for your sponsor. However, they can also do a supplementary job in the same sector and at the same level or in a job on the shortage occupation list for up to 20 hours per week and voluntary work. Tier 5 (Creative and sporting) The Tier 5 immigration route allows UK employers to sponsor non-eea temporary workers to fulfil short term contracts/engagements in the UK. The five routes available under Tier 5 are: - Creative and sporting Religious workers Charity workers Government Authorised Exchange International agreement However, GSA only has a licence to sponsor workers under the Creative and sporting route which is intended for creative artists, sports persons and entertainers to come to the UK to fulfil short term contracts/engagements. Tier 5 migrants from the Creative and sporting category who are seeking entry for less than 3 months do not require prior entry clearance. All others are required to obtain prior entry clearance. Since 6 April 2012, there is an additional route for certain migrants in the creative sector who will be visiting the UK for one month or less, which allows them to undertake certain permitted paid engagements. If a migrant in the creative sector who does not need to be in the UK for more than one month, they may wish to check whether the visitor route will better meet their needs.

3 As is the case with Tier 2 migrants, sponsors are required to issue a CoS and some positions may be subject to Resident Labour Market Tests. Leave under Tier 5 In general, leave of up to 12 months is granted under Tier 5 with creative artists having the option to extend this to a maximum of 24 months. It should be noted that where a migrant is being employed on a full-time basis, Tier 2 is the correct route for entry to the UK. Tier 5 is intended for short-term, irregular work and so, must not be used to circumvent the minimum salary requirements of Tier 2 as this will put the GSA sponsor licence at risk. Precepts and Procedures GSA Contact with the Home Office Communication with the Home Office should only be made by the Glasgow School of Art s Authorising Officer or nominee. Responsible Persons A Responsible Person is defined as the line manager who is responsible for recruitment and attendance monitoring. Changes to the Responsible Person must be made in consultation with the Authorising Officer. GSA will deliver annual immigration briefing sessions run by Student Records (Tier 4) and Human Resources (Tier 2 and Tier 5). The briefings are mandatory for Responsible Persons as defined under the GSA Tier 4 Policy with other relevant staff members being encouraged to attend. Recruitment & Post Appointment Requirements The Responsible Person must liaise with Human Resources before making any job offer to ensure that a Certificate of Sponsorship can be obtained. When a position is identified, Human Resources will ensure that: - The position is at the required skill level A genuine resident labour market test is conducted should it be required A Certificate of Sponsorship is issued to the prospective employee Issuing of Certificates of Sponsorship (CoS)

4 Before a prospective employee can apply for permission to enter or remain in the UK under a Tier 2 or Tier 5 visa, GSA (via Human Resources) must assign a Certificate of Sponsorship (CoS). This confirms that the prospective employee has been given the offer of employment, states how long they are expected to be in the UK and the remuneration of the position. Commencement of Employment On commencement of employment, the Responsible Person must ensure that the staff member reports to Human Resources who will identify and check the validity of the following original documents of all Tier 2 and Tier 5 sponsored employees: Passport Visa Qualifications A copy of the above documentation will be kept with the migrant s contact details (UK residential address, home and mobile telephone numbers) on the employee file for audit purposes. The Responsible Person must also ensure the migrant is fully aware of their responsibilities as a sponsored, migrant worker and follow GSA attendance management procedures at all times. Adequate records of all authorised absences and annual leave should be submitted and retained for audit purposes. The Responsible Person must advise Human Resources immediately if the migrant worker: - Does not turn up for their first day of work Is absent from work for more than 10 working days without reasonable granted permission Employment ends Has significant changes to their circumstances (e.g. change of job or salary) Is suspected of breaching the conditions of their leave or engaging in terrorism or any other criminal activity Migrant Worker (Employee) Responsibilities The migrant worker must, without exception: - Liaise with Human Resources prior to any job offer being made to ensure adequate information is provided for a sponsorship application Report to Human Resources with the documentation listed above Follow GSA attendance management procedures by telephoning their line manager on the first day of any sickness absence and seeking authorisation in advance of any annual or business leave Inform Human Resources of any change to their contact details as soon as the change occurs Inform their line manager and Human Resources in writing of any intention to resign from employment at GSA

5 Tier 5 Visiting Staff Requirements The above procedures also apply to international visiting staff but as they are not subject to the normal recruitment process, they must also provide Human Resources with: - A brief career summary or current CV Details of length of intended visit including dates and any activities planned which are not related to GSA A declaration that the conditions of permission to stay are fully understood and will be adhered to Sponsor Duties Tier 2 and Tier 5 sponsored employees are subject to standard employee attendance requirements which satisfy the visa requirements. Human Resources are required to report the following information to the Home Office via the Sponsor Management System (SMS): - The sponsored migrant does not turn up for their first day or work If a sponsored migrant s contract of employment is terminated If a sponsored migrant is absent from work for more than 10 consecutive working days without permission If sponsorship of the migrant is ceased for any other reason There are significant changes to the sponsored migrant s circumstances (e.g. a promotion or change in job title or core duties, change of salary, change in location or contract is shortened) The migrant s employment is affected by Transfer of Undertakings (Protection of Employment) or a similar provision being triggered Any information which suggests that the sponsored migrant is breaching conditions of their leave Where a migrant is suspected of engaging in terrorism or other criminal activity, information should be provided to the police Details of any third party or intermediary whether in the UK or abroad that has assisted in the recruitment Any significant changes to the business e.g. cease trading, merge or are subject to a takeover, or become insolvent or enter administration MC/SM 27 November 2013

6 Notes: The European Economic Area (EEA) consists of Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, the Republic of Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the UK. Although Iceland, Liechtenstein and Norway are not members of the European Union (EU), their citizens have the same rights as EU citizens to enter, live in and work in the UK.