Tier 5 Sponsorship A comprehensive guide for departments and colleges May 2016 Staff Immigration Team
Staff Immigration Team James Baker Staff Immigration Team Leader Tel: (2)89908 / email james.baker@admin.ox.ac.uk Natalie Goldsmith Staff Immigration Officer Tel: (2)89912 / email natalie.goldsmith@admin.ox.ac.uk Tim Currie Staff Immigration Officer Tel: (2)89903 / email tim.currie@admin.ox.ac.uk Lisa Crook Staff Immigration Assistant Tel: (2)89919 / email lisa.crook@admin.ox.ac.uk Medical Sciences / Social Sciences / Colleges Q W David Richardson Staff Immigration Assistant Tel: (2)89904/ / email david.richardson@admin.ox.ac.uk Humanities / MPLS / Colleges A P Amira Harb - Staff Immigration Admin Assistant Tel: (2)89926 / email amira.harb@admin.ox.ac.uk Website: http://www.admin.ox.ac.uk/personnel/permits/
What we do Advise departments, colleges and migrants on: Tier 2 and Tier 5 process and requirements Right to Work checks Visitor immigration requirements Process Tier 2 and Tier 5 Certificate of Sponsorship applications and hold all data for Tier 2 and Tier 5 migrants centrally. 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. Provide assurance 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.
Contents Compliance The Points-Based System and Tier 5 overview Identifying an opportunity Certificate of Sponsorship application Visa application Migrant s arrival in the UK Changes during employment/visit Visa extensions Changing departments Croatian nationals Visa restrictions and conditions Application fees
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 include: Down-grading of the University s sponsor licence which means we would not be able to sponsor new migrants from overseas Withdrawal of the sponsor licence, with the consequence that all sponsored migrants would have to leave the University and the UK. On-the-spot fines of up to 20,000 for each illegal migrant A maximum 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.
Points-Based System Tier 1 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) Tier 2 General (sponsored skilled workers with a job offer) Tier 3 Route closed Tier 4 Students (managed by Student Information and Advisory Service) Tier 5 Government Authorised Exchange (supernumerary researchers, research interns, lecturers, external examiners) Government Authorised Exchange (non-research interns through GTI Recruitment) Youth Mobility Scheme (for people under 31 from qualifying countries)
Tier 5 sponsored migrants Nationals of non-eea countries who require a visa to work in the UK Usually employed by an overseas HEI/ research institute Take part in supernumerary research/ teaching/ external examining Not part of normal staffing requirements Do not fill vacancy Must be paid to meet NMW Migrant must report to department/college HR immediately if they are not being paid as detailed on CoS. HR must report to SIT immediately Usually paid by overseas institution/ external grant may be paid by Oxford
Permissible activities A Tier 5 sponsored migrant may: Collaborate on University-hosted research where they are not filling an advertised position and the work is additional to the department/college's normal staffing requirements; Undertake research as an intern where the work is additional to the department/college's normal requirements; Give a lecture/lectures where they are not filling an advertised position and the work is additional to the department/college's normal staffing requirements; Act as an external examiner.
Tier 5 process Identify opportunity Confirm opportunity CoS application Visa application Arrival in the UK During and end of sponsorship Stage 1: Engagement Stage 2: Arrival in UK Stage 3: During & end Data to be sent at each stage to be held centrally by SIT Stage 1: engagement using CoS form Stage 2: arrival in UK using Arrival form Stage 3: during/end of engagement using Changes/leaver form
STAGE 1: ENGAGEMENT OF MIGRANT
Identify and confirm supernumerary opportunity Supernumerary research/ teaching opportunity identified by academic Migrant identified (usually due to expertise/interest in a specific area) Opportunity confirmed as supernumerary not part of normal staffing requirements not filling vacancy Funding agreed (externally funded, paid by employer overseas, department pay allowance etc.). NB If funding for the proposed work is part of a larger research grant then work is required under grant conditions, is not supernumerary & not Tier 5. Project/teaching plan mutually agreed Opportunity/visit confirmed in writing between department and migrant (subject to obtaining satisfactory right to work)
Tier 5 points criteria Requirement Points Valid Certificate of Sponsorship issued by the University s SIT 30 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 engaging department/college that it will if necessary maintain and accommodate the migrant to a minimum value of 945 during the first month of the visit. Departments/colleges cannot certify the maintenance requirement for dependants of Tier 5 migrants. 10
CoS application A Certificate of Sponsorship is a Home Office database record which shows details of the role the migrant will be filling Tier 5 CoS issued for maximum 2 years Tier 4 migrants may switch into Tier 5 to act as a research intern under certain conditions contact SIT The University holds an allocation of CoS which can be issued by SIT (subject to meeting Home Office requirements)
CoS application Apply around three months before start date Late submission/ issues with information provided may result in delayed start date All applications and supporting documents to be sent electronically Put supporting documents in one folder password protect the folder using 7Zip Email applications to Staff Immigration Assistant mark as confidential
CoS application Sections of the application form: Eligibility note that work must be supernumerary Points criteria 40 points required Maintenance default position = certified by department or college (cannot certify for dependents) 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 Employment/visit details start date, end date, funding, hours, role description etc. Details of funding body e.g. overseas employer, Oxford, external body 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
Activity 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 along with details on how to apply for their visa. The email will be copied to the department/college HR contact Advise migrants to apply as soon as possible to ensure visa granted in plenty of time before 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 maintenance, passport, photographs etc. Applicant must pay NHS Surcharge and application fee Must give biometric details (fingerprints and photographs) at Biometric Enrolment Centre as part of the application process Residents of some countries will require a TB test (if coming for more than six months) 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) May be subject to a genuineness test Issued with one month visa and be required to collect Biometric Residence Permit when arrive in UK if coming for more than 6 months
Visa/leave to remain application In-country applicants (leave to remain): Applications made through SIT (including dependents) May extend visa to total maximum two years Tier 4 visa holders may switch into Tier 5 as a research intern under certain conditions speak to SIT Applications currently made on paper form Supporting documents (depending on circumstances) evidence of maintenance, passport, photographs etc. Applicant to pay NHS Surcharge and application fee Migrant required to enroll biometric details at Post Office/ Biometric Enrolment Centre before HO will make a decision on the application HO in person appointment services available for urgent applications contact SIT Decision and documents returned to SIT May be subject to a genuineness test Migrant to present new Biometric Residence Permit to department for right to work check. Department to forward copy of BRP (both sides) and passport to SIT
NHS surcharge Charged to all non EEA migrants coming to work, study or join family for more than 6 months OR extend their stay; Charged at 200 per year for main applicant and each dependant ( 100 for 6 months) based on CoS start & end dates Applicants will be required to pay for the full fee up front. For example a visa application for 2 years will incur a NHS Surcharge of 400.
Biometric Residence Permits Currently all applicants applying inside the UK are issued a Biometric Residence Permit card (BRP). All overseas applicants applying for a visa for more than 6 months will need to apply for a BRP Issued with a 30 day vignette to allow them to travel to the UK. Upon entry will need to collect their BRP from a designated Post Office.
Impact of BRP s on RTW If new starter is unable to collect their BRP before commencing employment/engagement; Department can rely on the 30 day vignette as proof of right to work. Advise individual to collect BRP within 10 days of arrival into the UK and BEFORE vignette expires. Repeat right to work check must be completed on the BRP before the vignette expires. If new starter presents vignette, best to advise to return with BRP to carry out one RTW on both documents.
STAGE 2: ARRIVAL
Arrival 1. Conduct RTW check before migrant commences work - remember if you are relying on a temporary one month visa, you must complete a new right to work check when the migrant has collected their BRP 2. Departments fill out Right to Work screen in CORE 3. Add to list of List B document holders and expiry dates 4. Fill out Arrival Form and send to SIT within five working days of start date with: Contact details (even if temporary) Contract copy (if applicable) RTW copy NI number (if applicable) with confirmation that this has been recorded on CORE (or other HR system - colleges) 5. Communicate with migrant about reporting contact details, absence and non UK travel & remind to register with police if required to. 6. Form at http://www.admin.ox.ac.uk/personnel/permits/forms/#d.en.50259
STAGE 3: CHANGES DURING SPONSORSHIP
Changes during sponsorship 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) - note that if funding changes/ceases migrant must notify department/college HR immediately. Department/college HR must notify SIT immediately 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 total of four weeks in twelve months (Jan-Dec) Change in salary due to leave (maternity, paternity, shared parental, adoption, sick) Left early (e.g. finished early/ resigned/ funding withdrawn/ dismissed) Change in immigration status (e.g. granted 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 above 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) 6. Send repeat RTW check with new visa for T5 sponsored migrants to SIT Form at http://www.admin.ox.ac.uk/personnel/permits/forms/#d.en.50259
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. Records for T5 migrants who are not employees must still be kept Communicate with migrants about this policy
Tier 5 visa extensions New CoS required (use Tier 5 CoS Extension form) Apply for CoS approx. 3 months before visa expiry date Max. 2 years total stay on Tier 5 visa Details of visit must remain same as on original CoS (duties, location, job title etc.). Salary/funding 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
Switching jobs/sponsors As a Tier 5 visa is granted specifically for the purpose of the research visit in question it is not possible to switch to carry out other research or to a different host department/ college. If a different project with a different host department/ college, or a different sponsor (i.e. someone here on a Tier 5 with another University), is proposed the visa holder would need to leave and apply for a new Tier 5 visa for the new visit from outside the UK.
Visa restrictions and conditions Tier 5 visas are specific for visit supplementary employment permitted under specific circumstances Must be paid into own bank account cash payments prohibited Must report immediately if funding ceases will not be able to continue to sponsor visa Voluntary work permitted No recourse to public funds (i.e. must not claim benefits) exclusions apply for nationals of some countries
Supplementary employment Supplementary employment permitted where the supplementary work is: of the same type as purpose of visit specified on the CoS e.g. if lecturing on research may take up supplementary teaching for another department or organisation, or in a job which is on the 'shortage occupation list at the same professional level as the work 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 Tier 5 visa holder would only be permitted to undertake teaching work if they are giving lectures on their research as part of their visit and if their funding organisation has no objections to them undertaking this work
Croatian nationals Require a CoS Apply for a Registration Certificate instead of a visa Same rules apply for CoS application except: No maintenance requirement
Data holding Hard copies to be kept by department/college SIT will hold an electronic data record for Tier 5 migrants centrally except: Absence and sick records to be recorded according to staff group and retained by department/college Identification and confirmation of opportunity paperwork do not destroy until six months after migrant leaves/ the University stops sponsoring them Send data to SIT at three stages: Engagement 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
Application fees CoS paid for by SIT and cross-charged to department (colleges send cheque) Visa/leave to remain application fees paid by applicant NHS Surcharge paid by applicant Latest fees https://www.gov.uk/tier-5-government-authorisedexchange
Summary Ensure Tier 5 opportunities are supernumerary (not filling a vacancy and additional to normal staffing requirements) Keep up to date absence records (sick and annual leave) Apply in good time Report changes within five working days Keep CORE up to date (departments only) Keep up to date list of List B document holders and expiry dates Send all data on Tier 2 and Tier 5 migrants to SIT Self-audit to ensure that all required past changes have been notified
Questions Staff Immigration Team