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Immigration & Eligibility to work Manual
This document provides detailed guidance for employees, managers and Human
Resources to ensure that appropriate staff understand their responsibilities in order to
comply with Home Office legislation. This is to ensure the University operates within its
sponsorship duties and that all staff are eligible to work in the UK.
This guidance will be maintained by Human Resources, however due to the number of
changes happening with the Home Office employees are advised to also seek advice
directly from the Home Office (UKBA) website or official immigration advisors from the
Home Office.
This guidance covers all individuals who are engaged to undertake work in the University,
whether they are deemed to be employees or not and are either paid or unpaid.
Version 00.2
Human Resources
Effective of January 2014 updates
Immigration & Eligibility to work manual
Contents
1.0 - Introduction – The Importance of Compliance .......................................................................... 4
The Points Based System ................................................................................................................ 4
The Tiers .......................................................................................................................................... 4
Changes in Immigration Law ........................................................................................................... 4
The University as a Sponsor ............................................................................................................ 4
1.1 List of EEA Countries ..................................................................................................................... 5
2.0 Eligibility to Work in the UK .............................................................................................................. 6
2.1
Initial Checks ........................................................................................................................... 6
Recruitment: ................................................................................................................................... 6
Casual / temporary / fees workers inclusive of students: .............................................................. 7
2.2
Evidence Required .................................................................................................................. 7
Evidence for those NOT requiring permission to work................................................................... 7
LIST 'A' DOCUMENTS ....................................................................................................................... 7
2.3
Enhanced Checks non EEA staff .............................................................................................. 8
LIST 'B' DOCUMENTS ....................................................................................................................... 8
2.4
Re-checks ................................................................................................................................ 9
3.0 Permission to work ......................................................................................................................... 10
3.1
Tier 1 ..................................................................................................................................... 10
3.2
Tier 2 ..................................................................................................................................... 11
3.2.1
Advertising ................................................................................................................... 11
3.2.2
Resident Labour Market Test (RLMT) .......................................................................... 11
3.2.3
Short-listing .................................................................................................................. 12
3.2.4
Interviews ..................................................................................................................... 12
3.2.5
Offers of Employment .................................................................................................. 13
3.2.6
Certificate of Sponsorship ............................................................................................ 13
3.2.7
CoS Requirements ......................................................................................................... 13
3.2.8
Length of Stay / Settlement ......................................................................................... 14
3.2.9
Cooling Off Period ......................................................................................................... 14
3.2.10
TIER 2 (SPORTSPERSON)................................................................................................ 14
3.2.11
Settlement / Indefinite Leave to Remain ...................................................................... 14
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3.3
Tier 4 Student Employment .................................................................................................. 15
3.4
Tier 5 ..................................................................................................................................... 16
3.4.4
Government Authorised Exchanges (including Named Researchers) ......................... 16
3.4.2
Offers of Employment .................................................................................................. 16
3.4.5
Certificate of Sponsorship ............................................................................................ 17
3.5
Other Routes (outside of the Points Based System) ............................................................. 17
3.5.1
Old Work Permits .......................................................................................................... 17
3.5.2
Other Limited Leave to Remain (LLR) ........................................................................... 18
3.5.3
Dependents ................................................................................................................... 18
3.5.4
Academic Visitors .......................................................................................................... 18
3.6
External Examiners............................................................................................................... 19
3.6.1
Permitted Paid Engagements........................................................................................ 19
4.0
Example jobs and Tiers ............................................................................................................. 19
5.0
Role and Responsibilities .......................................................................................................... 20
5.1
Human Resources Responsibilities ....................................................................................... 20
5.1.1
Eligibility to work........................................................................................................... 20
5.1.2
Sponsored Staff ............................................................................................................. 20
5.1.3
Rechecks........................................................................................................................ 21
5.1.4
Changes in terms and conditions .................................................................................. 21
5.1.5
Change in Circumstances .............................................................................................. 22
5.1.6
Reporting Duties ........................................................................................................... 22
5.2
Department Responsibilities ................................................................................................ 22
5.2.1
Initial Checks ................................................................................................................. 22
5.2.2
Monitoring .................................................................................................................... 22
5.2.3 Changes to contracts of Employment .................................................................................. 23
5.2.4
5.3
Employment of Students .............................................................................................. 23
Migrant Responsibilities........................................................................................................ 23
5.3.1
Changes in details ......................................................................................................... 23
5.3.1
Re-checks ...................................................................................................................... 23
6.0
6.1
Contacts / Useful Information .............................................................................................. 25
University Contacts ........................................................................................................... 25
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1.0 - Introduction – The Importance of Compliance
Staff employed by the University who are from the UK or countries within the European
Economic Area (EEA) have an automatic right to work in the UK. People we wish to
employ/engage in work who are from outside the EEA must apply for permission to work
within the UK with a appropriate permission under the points based system (PBS).
Permission can be gained via a number of routes, primarily those known as ‘Tiers’.
The Points Based System
Those wishing to enter/work in the UK are awarded points as part of their visa application.
Points are awarded to reflect their ability, age, experience, and when appropriate, the level
of need in the migrant’s chosen industry in the UK. The number of points awarded is also
dependant on the Tier used.
The Tiers
Below is a list of the Tiers as they stand currently;
Tier 1 – Exceptional Talent
Tier 2 – Skilled Workers with an offer of employment
Tier 3 – Temporary, low skilled workers – This Tier has been closed indefinitely
Tier 4 – Students
Tier 5 – Specific categories of temporary workers
Changes in Immigration Law
There are continuous changes in legislation and guidance made by the Home Office and the
Agency itself is currently undergoing a period of major reorganisation and restructure. The
HR department will ensure this guidance is updated but you are strongly advised to check
the Home Office website for updates and to speak to them directly. The University can
provide guidance but is not legally allowed to give immigration advice to members of staff.
The University as a Sponsor
Durham University has a licence which allows them to be recognised as an ‘A’ Rated / Highly
Trusted Sponsor, meaning they are able to sponsor migrants to work for them under Tiers 2
and 5; they are also able to sponsor students to study under Tier 4.
In order to comply with the Home Office regulations the university must establish which of
their prospective employees/workers have an automatic right to work in the UK and ensure
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that they properly sponsor those who do not. This is done via the eligibility to work checks
and ensuring specific data is recorded and maintained for non-EEA staff.
The university is also required to ensure that data is correctly recorded and kept up to date
for students. The Student Immigration and Financial Support Office (SIFSO) is responsible
for maintaining student eligibility records as well as carrying out the eligibility checks for
non-EEA staff.
Maintenance of staff eligibility records is the responsibility of HR and the Departmental
Administrators.
As a “Highly Trusted Sponsor” the University is regularly audited by the Home Office from
both a staff and student perspective, who will check that all of our records are correct and
information has been recorded properly.
If the University does not comply the Home Office can withdraw our licence. This would
mean that we are no longer able to appoint staff from outside the EEA which would
drastically affect the teaching and research offered by our Academic Departments. We
would also lose the ability to bring in students from outside the EEA which would negatively
affect our annual revenue and league table status.
It is therefore vital the University ensures full compliance with the Home Office regulations.
This guidance explains the processes and procedures that we must follow to ensure
compliance.
1.1 List of EEA Countries
Below is a list of EEA member states up to date as of March 2012 where staff have
automatic rights to work in the UK.
Austria
Croatia
Denmark
France
Hungary
Lativia
Malta
Portugal
Slovenia
United Kingdom
Belgium
Cyprus
Estonia
Germany
Ireland
Lithuania
Netherlands
Romania
Spain
Bulgaria
Czech Republic
Finland
Greece
Italy
Luxembourg
Poland
Slovakia
Sweden
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The following countries are members of the EEA but not the EU (but can still work without
restriction:
Iceland
Norway
Liechtenstein
Switzerland
Although Turkey is not in the EEA, if a migrant is a Turkish national who is legally employed
in the UK and they already have a visa that gives them permission to work, a decision by the
Association Council of the ECAA (European Community Association Agreement) has given
them certain rights. A Turkish national may:
•
•
•
Apply for further permission to stay in the UK after they have worked here for 1
year, so that they can continue to work for the same employer (if a job is available)
Change employers after they have been working here for 3 years, if they are
continuing to work in the same occupation
Work in any type of job for any employer after they have been working in the UK for
4 years.
2.0 Eligibility to Work in the UK
2.1
Initial Checks
We have a duty to comply with the Civil Penalties Code of Practice to ensure that all staff
and workers, both paid and unpaid are eligible to work at the University. Initial checks are
the responsibility of all departments who have a responsibility to ensure that no work is
carried out until these checks have been completed.
This initial check can be carried out in a numbers of ways:
Recruitment:
Where jobs have been advertised and recruited through i-Grasp, at interview, departments
are to take a copy of the interviewee’s original passport (and relevant documents) and send
this to the HR Recruitment team, along with the interview notes and appointment details
form. The successful candidate will have their documents scanned and stored on their
personal file.
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Casual / temporary / fees workers inclusive of students:
Departments will request to see the appropriate original documents and attach a copy to
the authorised new starters form, which is sent to HR. No worker or member of staff will be
approved for payment through the HR system until this check has been carried out.
2.2
Evidence Required
Below is a list of documents that can be provided as evidence by the new member of
staff/worker in departments.
A new/prospective employee/worker will fall into one of two categories:
•
•
List A - an automatic and ongoing right to work in the UK without restrictions.
(Generally EEA nationals as listed in section 1.1)
List B - do not have an automatic right to work in the UK but have gained permission
to do so subject to restrictions, or eligible to gain permission to do so i.e. for a time
limited period. (see section 2.3)
Evidence for those NOT requiring permission to work
List A - an automatic and ongoing right to work in the UK without restrictions.
LIST 'A' DOCUMENTS
Staff/workers have an ongoing right to work in the UK and are therefore not subject to
immigration control (e.g. European Economic Area (EEA)/Swiss nationals). If you are in this
category the University needs to check your documents once only, before you commence
employment.
Documents which provide evidence for this category:
One of the following: (All documents must be originals)
•
•
•
•
•
A passport showing the holder is a British, or UK and Colonies citizen, having the
right of abode in the UK
A passport containing a certificate of entitlement to the right of abode in the UK
A passport, national ID card, UK residence permit or other document certifying the
holder as a EEA or Swiss national
A permanent UK residence permit issued by the HO or BIA showing the holder is a
family member of a EEA or Swiss national
A Biometric Immigration Document certifying the holder has indefinite leave or no
limit to their stay in the UK
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•
A passport or other travel document showing exemption from immigration control,
indefinite leave to remain, right of abode in the UK or indicating no time limit on
their stay in the UK
Or, two documents, as follows:
One of these:
•
An official document containing the permanent National Insurance number and
name of the individual (e.g. P45, P60, NI Card). Please note that a permanent
National Insurance number does not start with TN.
Plus one of these:
•
•
•
•
•
•
•
An Immigration Status Document showing indefinite leave to stay
A full* UK birth certificate, at least one parent's name
A full* UK adoption certificate, at least one adoptive parent's name
Channel Islands, Isle of Man or Ireland birth certificate
Channel Islands, Isle of Man or Ireland adoption certificate
Certificate of registration or naturalisation as British citizen
Letter from Home Office certifying indefinite leave to stay
* A short birth or short adoption certificate is not acceptable. To obtain full certificates, see
the General Register Office website at
http://www.gro.gov.uk/gro/content/order_certificates/obtain_certificates/index.asp
If you have different surnames on documents you must also provide proof of name change,
i.e. a marriage certificate.
2.3
Enhanced Checks non EEA staff
All non-EEA staff who are appointed/engaged to work at the University must attend an
enhanced eligibility check before their first day of employment. New staff will be advised by
recruitment how to arrange their check.
LIST 'B' DOCUMENTS
Members of staff/workers who do not have automatic eligibility to live and work in the UK,
but have, or expect to be granted, approval to take employment in the UK for a limited
period (e.g. work permit/certificate of sponsorship holders and their family members). In
this category the University needs to check documents before the member of staff
commences employment, and then at least every 12 months during the duration of their
employment, to ensure that their eligibility remains valid.
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Documents which provide evidence for this category:
One of the following: (All documents must be originals)
•
•
•
A passport or travel document endorsed to certify the holder is allowed to stay in
the UK to do the kind of work being offered, provided that it does not require a work
permit/certificate of sponsorship.
A Biometric Immigration Document issued by Home Office giving permission to stay
in the UK to do the work being offered.
A residence card or document issued by the Home Office to a EEA/Swiss national
family member.
Or two documents, as follows:
One of these:
•
A work permit/or other approval to take employment, issued by Home Office.
Plus one of these:
•
•
A passport or other document (e.g. UK Residence Permit) certifying permission to
stay in the UK to do the work offered.
A letter from the Home Office confirming the above.
There are additional documents which can provide evidence of your entitlement to take
employment in the UK, such as Certificates of Application and Application Registration Cards
for EEA/Swiss national family members and asylum seekers. These documents are subject to
further checking via the Home Office Employer Checking Service.
If you have different surnames on documents you must also provide proof of name change,
i.e. a marriage certificate.
2.4
Re-checks
Where someone requires permission to work in the UK (evidence from list B) then their
documentation is to be re-checked every 12 months, this is a condition of their visa.
HR will contact staff/workers and arrange an appointment to attend SIFSO. During this
appointment their documentation will be re-checked and they will be required to sign an
‘obligations letter’ (confirming they agree to the Home Office conditions to working in the
UK) and update their personal details. Failure to attend or produce the relevant documents
will have an impact upon the continued employment contract with the University.
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3.0 Permission to work
The Home Office introduced the points based system in 2008 to replace the old work permit
routes. The points based system is based around 4 tiers of entry into the UK.
3.1
Tier 1
Tier 1 (Exceptional talent) is for people who are internationally recognised as world leaders
or potential world-leading talent in the fields of science and the arts, and who wish to work
in the UK. This route is part of the points- based system for individuals outside of the EEA.
Migrants can enter the UK for a maximum of 5 years, 3 years will be granted for first
instance and then extension for a further 2.
Migrants do not need an offer of employment to gain access to the UK via this route. It is
based on the migrants own exceptional talent rather than a job offer, therefore it is not
specific to an organisation. The application process is split into two stages; stage one is the
endorsement of exceptional talent by one of the competent bodies, the migrant will pay the
first part of application. Stage two is after the exceptional talent has been granted, at this
stage the migrant will pay the remaining balance and submit passport for the immigration
decision, this is approved by the Home Office.
It is essential that the migrant prepares all of the relevant documentation to support/prove
their exceptional talent, as only the evidence submitted will be taken into consideration.
The University currently employs some staff/workers on a Tier 1, Post Study Work visa.
These are mainly former students who were able to switch to Tier 1 following the
completion of their studies.
As of April 2012 students on Tier 4 are no longer be able to switch to Tier 1 Post Study Work
visa as access to this Tier has been restricted to ‘Exceptional Talent’ as described above. The
majority of students wishing to remain in the UK to work after completing their studies
would need to gain employment via a Tier 2 visa, if they satisfied the requirements. There is
however an exception as detailed below.
A newly introduced Tier 1 Graduate Entrepreneur route allows the University to sponsor a
small number of students each year who can demonstrate they have an innovative business
idea and entrepreneurial skills in order to establish a business in the UK. Although this
comes under Tier 1, the Student Immigration and Finance Office manage this primarily
student process. Further details can be obtained from SIFSO.
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3.2
Tier 2
The majority of non-EEA staff who work for the University will be sponsored under Tier 2;
this is for migrant’s who have an offer of employment with the University. In order to apply
for a Tier 2 visa a migrant must have a valid Certificate of Sponsorship (CoS) issued to them
by the University via the HR department.
3.2.1
Advertising
When a vacancy is identified by a department advertising periods need to be carefully
planned as strict time limits apply to enable a CoS to be obtained. Departments should
always liaise with their HR Recruitment Team Contact in the first instance and discuss the
possibility of appointing from outside the EEA and the advertising requirements that will
follow. (Please see below)
3.2.2
Resident Labour Market Test (RLMT)
When appointing staff from outside the European Economic Area (EEA) we are required to
record specific information by the Home Office, the most important being the Resident
Labour Market Test (RLMT). Without a valid RLMT we will be unable to obtain a CoS.
In order to fulfil the RLMT, the position must be advertised for a minimum period of 4 weeks
on the Durham University website, jobs.ac.uk and jobcentre plus Screenshots must be taken
by the Recruitment Team for all websites on the first day of advertising for evidence. The
University must be able to satisfy the Home Office requirement that no resident worker is
appointable.
Jobs requiring PhD-level skills, the Home Office will allow the University to recruit the most
suitable person for the job, not necessarily the most suitable person from the resident
labour force (if there is one), and allow recruitment to begin up to 12 months before the
start date of the job, rather than the standard 6 months, the majority of University
academic posts will fall under this new rule.
The Recruitment Team will add an additional 4 days onto the 4 week advertising period;
this is because jobs.ac.uk and jobcentre plus often outsource their web input, so it can take
a little longer for adverts to become live on these websites.
In addition, proof copies of all adverts in local/national publications must be kept along with
screenshots from any other specialist websites used for advertising.
A RLMT usually has a life-span of 6 months; this is from the first day of advertising and if
required, a CoS must be obtained within this period, for example if a position is advertised
on the 1st of March and closes on the 3rd of April; the RLMT will be valid until the 31st of
August. With the exception of PhD level skills up to 12 months.
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3.2.3
Short-listing
Following the closing date of the vacancy the Recruitment Team will supply the Department
with the necessary short-listing paperwork; this will be a copy of the short-list spreadsheet
and the criteria used for advertising. Departments are required to complete the scoring for
each application received, providing appropriate comments on how each applicant meets
the Essential/Desirable criteria.
Once completed the short-list spreadsheet must be given email approval by both the Head
of Department and Chair of the interview panel/PVC. The approval emails and completed
shortlist are then sent to the Recruitment Team for final checking. Interview invitations can
only be sent once the Recruitment Team have confirmed the shortlist documentation is
acceptable and the process can proceed. All evidence of approval and short listing
documentation is required to be kept by the HR department for RLMT. This paperwork is
inspected by the Home Office.
3.2.4
Interviews
All interview candidates (regardless of their nationality) at Durham University are asked to
bring both originals and copies of their eligibility documents with them to their interviews.
The eligibility documents required are either a valid passport/visa or a full birth certificate
and evidence of their National Insurance number. Candidates are also asked to bring
originals and copies of their highest achieved qualifications. Candidates are given the Home
Office evidence requirements prior to interview – List A & B documents.
Departments are required to take the copies of the eligibility documents prior to or
immediately following the candidate’s interview and sign and date these to verify that the
original documents have been seen. All copies of documents must be sent to the
Recruitment Team with the completed Appointment Details Form for the successful
candidate.
Members of the interview panel are also required to take notes on each candidate during
the interview and the Chair’s notes must reflect why a non-EEA candidate is deemed
appointable over an EEA candidate, the Chair’s notes must also be sent to the Recruitment
Team with the completed Appointment Details Form for the successful candidate.
The Recruitment Team will be unable to produce a contract of employment for the
successful candidate until all eligibility documents, qualifications and interview notes have
been received. All evidence is stored by HR for Home Office RLMT checking.
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3.2.5
Offers of Employment
The completed Appointment Details Form must be sent to the Recruitment Team as soon as
possible after the interviews, agreed start dates must also take into account the timing
issues of the RLMT and CoS when appointing an individual from outside the EEA.
Offers of employment under Tier 2 are made subject to the University obtaining the CoS and
the successful candidate obtaining the appropriate entry clearance. If not obtained the offer
of employment will be withdrawn.
3.2.6
Certificate of Sponsorship
There are currently 2 types of CoS that we can apply for under Tier 2, Restricted and
Unrestricted.
Unrestricted Certificates of Sponsorship
The University receives an annual allocation of unrestricted certificates which we can obtain
as and when required for non-EEA candidates who already have permission to live and work
in the UK an unrestricted CoS is often used when someone wishes to extend their stay in the
UK or when moving jobs/employers within the UK.
Restricted Certificates of Sponsorship
Non-EEA candidates who are based outside of the UK at the time of offer will require us to
obtain a Restricted CoS. The Recruitment Team must request the CoS from a Home Office
monthly panel by the 5th of the month and the outcome should be confirmed by the 13th of
the same month. Success on obtaining a restricted CoS will depend on the number of points
awarded. Points are based on; type of job, salary offered, qualifications, level of English
language etc. For each month the Home Office has made 1500 restricted certificates
available for employers within the UK across all sectors. Any certificates not requested will
roll on to the following month
3.2.7
CoS Requirements
Both types of CoS require the University to have carried out the Resident Labour Market
Test, including the job to be normally at degree level and the salary offered to be a
minimum of £20,300 per annum
Both types of CoS also have a 3 month life-span from the date they are assigned. A CoS can
not be obtained any earlier than 3 months before the intended start date of employment. A
CoS must also be obtained within the 6/12 month RLMT period (6 months from the first day
of advertising, 12 months for PhD level roles).
Once a CoS has been obtained by the Recruitment Team they will send this to the successful
candidate along with supporting documentation to aid them with their visa application. If
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during the visa application the candidate is required to pass the English Language Test a
copy of this certificate must be sent to the Recruitment Team.
3.2.8
Length of Stay / Settlement
The Home Office will grant Tier 2 General migrants no more than six years leave in total (up
to three years leave to enter or remain followed by extensions or change of employment
applications of up to three years). After this time, migrants will need to either apply and
qualify for settlement or leave the UK, unless they qualify for leave to remain under another
part of the Immigration Rules which permit an in-country application.
As now, Tier 2 migrants will be able to switch employer while in the UK, but will need to
submit a change of employment application. Following a successful change of employment
application, the leave will be granted such that the migrant does not exceed six years in
total as a Tier 2 migrant in the UK.
3.2.9
Cooling Off Period
To prevent repeat grants of temporary leave, Tier 2 migrants will be subject to a ‘cooling off
period’. Those who leave the UK without qualifying for settlement will need to wait for 12
months from the expiry of their leave before re-applying to Tier 2. Equally, those who switch
into another category of leave while in the UK will not be able to re-apply for leave as a Tier
2 General migrant until 12 months after their last leave as a Tier 2 migrant has expired.
3.2.10 TIER 2 (SPORTSPERSON)
The Tier 2 Sportsperson sub-category will be subject to the settlement pay threshold (i.e.
£35,000). For most sporting professions there is no Code of Practice which applies,
therefore if the migrant is a Tier 2 Sportsperson they will usually need to meet the £35,000
threshold.
The limits on maximum length of stay and the ability to extend temporary leave will be the
same as for the Tier 2 General sub-category. This means that the maximum total length of
time migrants may stay in the UK as a Tier 2 Sportsperson will be limited to six years (up to
three years leave to enter or remain followed by extensions or change of employment
applications of up to three years). If a migrant wishes to remain for longer than six years,
they will need to apply and qualify for settlement. If they leave the UK or switch into
another category of leave they will be subject to the ‘cooling off period’ described above.
3.2.11 Settlement / Indefinite Leave to Remain
When a migrant applies for settlement, it will remain the responsibility of the University to
confirm in writing that they are being paid either £35,000 per annum or the appropriate
rate for the job as listed in the Codes of Practice, whichever is applicable.
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They migrant will also continue to be required to provide evidence that they are being paid
at the correct level. The minimum pay requirement will apply in respect of the job for which
they have been issued a Certificate of Sponsorship. Additional earnings (e.g. from overtime
or a second job), even where these are from permitted supplementary employment, will not
count towards the threshold.
The pay threshold will be held at £35,000 until early April 2018 but will be subject to review
and change after that time.
3.3
Tier 4 Student Employment
Students who are studying at the University under a Tier 4 visa are only eligible to the
maximum number of hours specified on their visa per week in total during term time. (This
normally is a maximum of 20 hours per week but in some instances may be less, therefore
their visa details should be checked when engaging with them).
Postgraduate students (taught and research) don’t usually have a defined vacation period.
Therefore are also only allowed to work the maximum number of hours specified on their
visa per week unless they have completed their studies or have an official vacation from
their studies agreed by their supervisor. Departments should seek approval from the
student’s supervisor to ensure that a vacation has been agreed before they commence the
full time work.
Departments are required to ask for confirmation from the student about what other hours,
paid or unpaid they are committed to working before offering further work. Other work
carried out includes departments across the university, external places of work and
entrepreneurial work such as online businesses. Non paid work is also counted within the
maximum hours they are allowed to work.
The University has a duty to report any students found to be exceeding their weekly limit.
The Home Office could then curtail the visa of the student which would have major
impactions on the completion of their studies.
Their eligibility to work should be checked by the department and copies of their passport
and visa (if Non-EEA) sent to HR along with a New Starter Form for employment purposes.
A recent change in the Home Office regulations allows completing PhD students to stay in
the UK for one year beyond the end of their course to find skilled work or to set up as an
entrepreneur. This change is to take effect from April 2013 and will be managed by SIFSO
under Tier 4.
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3.4
Tier 5
Tier 5 of the Points-Based System comprises the Temporary Worker and Youth Mobility
Scheme categories which allow people to travel to the UK to satisfy primarily non-economic
objectives. Tier 5 routes do not lead to settlement in the UK.
The Temporary Worker category comprises five sub-categories:
•
•
•
•
Creative and Sporting – For creative workers and sportspeople coming to work or
perform in their relevant sector
Charity Workers – For people coming to do voluntary fieldwork directly related to a
UK Charity
Religious Workers – For people coming to do religious work, for example in nonpastoral roles.
Government Authorised Exchange (GAE) – For a variety of approved schemes aimed
at sharing knowledge, experience and best practice through skilled work
The University can currently only engage employees/workers through the Creative and
Sporting category and the Government Authorised Exchange category.
3.4.4
Government Authorised Exchanges (including Named Researchers)
GAE is for people coming to the UK through approved schemes that aim to share
knowledge, experience and best practice. The sponsor is normally an overarching body (not
the University) that has the support of a government department. An example of use of this
route in the University is the ERASMUS programme.
An exception to this are sponsored/named researchers who can come to the UK for a
maximum of 24 months under this category. The University can sponsor such
employees/workers under Tier 5. The University engages a number of researchers under
this category who are specifically named on a grant from the awarding body. Often such
researchers are not employees or are paid by the University but the sponsorship
requirements remain the same as if they were an employee.
3.4.2
Offers of Employment
Contracts of employment/engagement of work for Tier 5 staff are dealt with by the
Divisional Support Team in HR, as such work, by the nature of the individual being ‘named’
does not have to be advertised. HR who will liaise with the Department to ensure that the
information required to satisfy the Home Office for Tier 5 is in order
Offers of employment/engagement of work under Tier 5 are made subject to the University
obtaining the CoS and the individual obtaining the appropriate visa.
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3.4.5
Certificate of Sponsorship
In order for the University to obtain a Tier 5 Certificate of Sponsorship a Resident Labour
Market Test is not required. The following is a list of information the University is required
to obtain and record for Tier 5;
•
•
•
PLACE OF BIRTH
COUNTRY OF BIRTH
DATE OF BIRTH
•
PASSPORT NUMBER
•
•
•
•
•
ISSUE DATE OF PASSPORT
EXPIRY DATE OF PASSPORT
PLACE OF ISSUE OF PASSPORT
NATIONALITY
COUNTRY OF RESIDENCE
•
•
•
•
•
•
FULL NAME
HOME ADDRESS
WORK START DATE
WORK END DATE
EVIDENCE THE INDIVIDAL IS
SPECIFICALLY NAMED ON THE GRANT
(official confirmation/letter head, not
just from Durham University)
FUNDING AMOUNT
ADDITIONAL INFORMATION REQUIRED:
•
•
•
•
•
•
•
3.5
CV
Copy of Highest Qualification Certificate
Outline of Key responsibilities to be carried out whilst in Durham
Official agreement letter on institutions letterhead which includes dates of visit, and
confirms amount of funding whilst in the UK
Passport Information: Front Cover of passport, Personal details page and entry
clearance page (if applicable)
English Language Test Certificate
Signed Obligations Letter
Other Routes (outside of the Points Based System)
The University also employs non-EEA staff working on other visa types or other routes to
enter the UK, these are:
3.5.1
Old Work Permits
Prior to the introduction of the Points-Based System in 2008, non-EEA staff would require a
work permit in order to take up employment in the UK. The University still employs
individuals who came to the UK under this old process. Any extensions to their employment
or visa will require a switch to Tier 2 or apply for settlement.
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3.5.2
Other Limited Leave to Remain (LLR)
Some non-EEA staff currently hold temporary UK residence permits that allow them to take
up employment. They are required to provide the University with evidence of any extension
to their LLR or if appropriate switch to an appropriate Tier once the residence permit
expires.
3.5.3
Dependents
These staff are either the spouse or family member of an individual with the right to work in
the UK. As a dependent they also have the right to work in the UK but they can not be
contracted beyond the expiry date on their dependent visa.
3.5.4
Academic Visitors
Academic visitors must be either:
a person on leave from an overseas academic institution who wishes to make use of their
leave to carry out their own private research here or exchange information on research
techniques. This may include some collaboration with staff at the host university or use of
facilities;
or
academics taking part in formal exchange arrangements with United Kingdom counterparts,
for example where a university here is collaborating with an overseas university on research
and may exchange personnel for some or all of the duration of the project. Any salary
should continue to be paid by the academic's own overseas institution;
In addition they must not receive funding/payment for their work from any UK source apart
from reasonable expenses and must not engage in any work other than the academic
activity for which they are being admitted;
Those who are unlikely to qualify are: 1. recent graduates as their level of relevant expertise
as an academic is likely to be insufficient, 2. postgraduate researchers entering the UK to
study for an accredited academic qualification (rather than for the purpose of academic
research work that does not lead to a UK academic qualification) 3. Lecturers who are
coming solely to undertake a series of lectures. Academics may, however, be eligible to
enter as a mainstream business visitor for a maximum of 6 months if they are coming to
participate in a conference or seminar where it is a single or occasional event, and the event
is not a commercial venture 4. Sponsored researchers as these fall under Tier 5.
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3.6
External Examiners
Durham University employs between 300 – 500 External Examiners every year and this is
monitored by the Academic Support Office. Examiners will carry out work for either Taught
or Postgraduate Research students as part of the completion of their studies.
If the Examiner is from within the EEA this basic check is all that will be required. If the
Examiner is from outside the EEA then an enhanced eligibility check will be required when
the Examiner arrives in Durham to perform the work – Please Note: This process is for nonEEA Examiners who already have the right to work within the UK as this role will be
considered to be part of the remit of their current visa.
For External Examiners from outside the EEA who are not currently based in the UK there
are a number of routes that can be utilised to allow them to carry out the examining work.
For further information, please see Guidance on Engaging External Examiners.
3.6.1
Permitted Paid Engagements
As of the 6th of April 2012 the Home Office will allow non-EEA nationals to enter and work in
the UK as part of the ‘Permitted Paid Engagement’ route. This will allow a non-EEA citizen to
work in the UK for a period of one month or less to perform examination of students.
The Examiner will be required to provide evidence to the Home Office that they have been
invited by the University to perform these duties due to their skills and expertise, they will
also need to confirm that they will leave the UK at the end of their visit.
The enhanced eligibility check will again be required as soon as the Examiner arrives in
Durham.
This route sits outside of the Points Based System.
If the non-EEA examiner will need to stay in the UK for longer than one month to carry out
the work required there is a provision within Tier 5 that may be used .
4.0
Example jobs and Tiers
Permanent Contracted Staff
Fixed Term Contracted Staff
Tier 2 or Tier 1
Tier 2, Tier 5, Tier 1
Marie Curie Contracts
Tier 2 or Tier 5 if ‘named’
researchers
Tier 4
Dependent
Casual Fees
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Tier 1
Visitors
Named/Sponsored Researchers
PPE
Business/Academic Visitors
Tier 5
5.0
Role and Responsibilities
5.1
Human Resources Responsibilities
5.1.1
Eligibility to work
To ensure that all new starters (paid and unpaid) are eligible to work in the UK.
Copies of original documents are to be stored on their personal files.
There will be no inputting to the HR system until documentation is obtained.
Where an enhanced check is required the member of staff will be advised how to arrange an
appointment at SIFSO. Details of the new starter will be added to the staff database.
Once they have attended and passed their enhanced eligibility check they will be entered
onto the HR System.
5.1.2
Sponsored Staff
In order to comply with the Home Office regulations we are required to hold specific
information for a non-EEA national for the length of their employment with the University.
The Recruitment Team are responsible to ensure all the correct evidence is obtained initially
for all Tier 2’s advertised through i-Grasp.
Divisional support is responsible for all Tier 5 applications and extensions of
employment/sponsorship.
The full list of information we are required to record for Home Office compliance is below,
HR will store this information on the successful non-EEA staff member’s personal file;
•
•
•
Screenshots of valid RLMT – if sponsored under Tier 2
Outline of Key responsibilities to be carried out whilst in Durham – if sponsored
under Tier 5
Official agreement letter on institutions letterhead which includes dates of visit, and
confirms amount of funding whilst in the UK – if sponsored under Tier 5
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•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Passport/visa copy
Qualification copies – Translated into English where appropriate
Copy of any Professional Accreditation Certificates – If required as part of the
Recruitment process
CoS copy
Contract of Employment
Copy of advert/job description as advertised
Letter from the sport governing body – If role is sponsored under Tier 2 (Sport)
All applications received for the vacancy – Recruitment will produce this via iGRasp
Copy of the completed, authorised shortlist – This must clearly show the criteria
matched for each candidate with comments as appropriate – if sponsored under Tier
2
Interview notes for all candidates interviewed – These must show clearly why any
EEA candidates were not appointed in favour of the non-EEA candidate – if
sponsored under Tier 2
References for the successful candidate – if sponsored under Tier 2
Copy of English Language Test Certificate – If required during the candidate’s visa
application
National Insurance Number – Will be kept on Payroll system
History of contact details for the staff member – Will be kept on Payroll system
History of staff absence from work – Will be kept on LAMS
5.1.3 Rechecks
Sponsored staff will be invited for a re-check every 12 months and prior to the expiry of their visa.
3 months prior to these dates, a report will be extracted from the HR system identifying the affected
staff. HR will then invite the members of staff to an appointment with SIFSO.
Failure to attend or to attend without the correct evidence will affect their continued employment.
Any potential failure will be referred to the Assistant HR Director.
5.1.4 Changes in terms and conditions
Any change in terms and conditions of employment for sponsored staff should be referred to the
Assistant HR Director as the Home Office may need to be informed of any changes.
No change should occur prior to the referral.
If approved by the Assistant HR Director then where appropriate the HR department will update the
Home Office SMS system and normal contractual changes should be carried out.
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5.1.5 Change in Circumstances
Where a sponsored member of staff has updated a change in their personal circumstances then we
should update the HR System, ie address etc.
5.1.6 Reporting Duties
We must report the following within 10 working days:
•
•
•
•
If the sponsored employee does not turn up for their first day of work.
If the sponsored employees contract is terminated earlier than indicated on the CoS
If we stop sponsoring the employee
If there are significant changes in circumstances
o Promotion/change in job title / core duties
o Change of salary other than annual increments
o Change in salary due to maternity, paternity or long term sick leave of one month or
more
o The location the migrant is employed at changes, or if the duration of their contract
of/for employment/services is shortened.
5.2
Department Responsibilities
5.2.1
Initial Checks
In order to fulfil Home Office compliance, prior to any work being carried out paid or unpaid
Departments will be required to;
•
•
•
•
5.2.2
Check eligibility of all candidates’ original documents at the interview stage,
retaining copies and signing/dating to confirm the originals have been seen – This
includes the candidate’s qualifications.
Retain the Chair of the interview panel’s notes from the interview for all candidates
appointed via a recruitment campaign (Tier 2) - These must show why a non-EEA
candidate is preferred to a candidate from within the EEA.
Send the verified eligibility documents, qualifications and interview notes for all
candidates to the Recruitment Team attached to the completed Appointment Details
Form – HR will be unable to process a contract of employment until all relevant
paperwork is received.
Check eligibility of all fees based and casual employees, sending copies of original
documents to HR with a completed New Starters Form. These documents will be
signed to confirm the original has been seen and the date.
Monitoring
Line Managers will be responsible for monitoring non-EEA staff/employees, and will be
required to;
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•
•
•
•
Record migrant’s absence on LAMS
Report any unauthorised absences to HR within 10 days
Report and changes of the migrant’s contact information or change in personal
circumstances to HR immediately
Ensure that non-EEA staff attend the annual re-check (when prompted by HR)
5.2.3 Changes to contracts of Employment
Departments should liaise with HR prior to making any changes to sponsored employees
contracts of employment.
5.2.4 Employment of Students
Departments should clarify that those students who are studying under a Tier 4 visa are not to be
offered work exceeding 20 hours per week across the University during term time.
Departments who operate field trips should be aware of this restriction.
Where students are on a post graduate programme, this is a 52 week course. 20 hours should not
be exceeded.
5.3
Migrant Responsibilities
5.3.1 Changes in details
Employees/Workers must notify the University of any changes to personal details or circumstances.
They must notify the Human Resource Department of any changes to their circumstances that may
affect their right to work in the UK, i.e. if your permission is based on a dependents entry clearance
and the relationship ceases.
They must also notify the HR Department of any change to your contact details such as address,
phone and mobile number.
5.3.1
Re-checks
All non-EEA staff will be required to attend re-check eligibility appointments on an annual
basis. This is to ensure that the information we hold is accurate and up to date. If evidence
supplied at the original check expires before the anniversary of appointment, the staff
member will be asked to attend the re-check at an earlier date to show the new evidence.
At these re-checks we will ask staff members to provide;
•
•
•
Passport/visa
Updated personal details
Updated qualifications – If a higher degree has been achieved since the original
check
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•
Staff members will also be asked to sign an obligations letter which clearly states
their responsibilities to informing the University of any changes to their
personal/visa status, a copy of the letter can be found below;
Obligation Letter
Your obligations as a holder of a visa
You have an important responsibility to ensure that you always comply with the conditions of your
visa. The consequences of you not complying with your visa conditions can be very serious and could
lead you to committing a criminal offence or being denied entry to the UK for a number of years.
The University must act responsibly as a licensed sponsor of students and staff and asks for your
assistance in always keeping us informed of changes in your circumstances that may affect your visa
conditions.
Your responsibilities as a member of staff and what to do if your circumstances change
•
Please keep your contact and personal details up-to-date with Human Resources. This is a
condition of the University’s sponsor licence.
•
If you receive a new passport or visa extension during your employment you must arrange an
appointment at the Student Immigration and Financial Support Office by completing the
Enhanced
Eligibility
Check
Appointment
Form.
https://www.dur.ac.uk/immigration/workinginuk/staffcheck/
•
Some members of staff are required to register with the police (as stamped on your visa
vignette or biometric residence permit) within 7 days of arrival in the UK and then report any
subsequent changes e.g. change of address, visa extension).
•
You must notify Human Resources of any changes to your circumstances that may affect your
right to work e.g. if your permission is based on a dependents entry clearance etc.
•
You must attend initial and annual eligibility checks when invited and provide the following
original documents. The University has a duty to check (retain scans of your documents)
eligibility documents before employment commences and every 12 months. You must bring the
following documents to your enhanced check.
-
Signed Obligations Letter (this will be sent to you via email from SIFSO).
-
Original English Language Test Certificate (if this is a requirement of your visa
application).
-
Original certificates of your highest qualification (this must be translated into English)
– initial check only
-
Passport and relevant entry clearance documentation e.g. visa / residence permit.
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Our responsibilities as your University sponsor – in addition, the University must notify the Home
Office of the following:
•
If you fail to turn up for work on your first day
•
If you are absent for more than 10 days without permission
•
If you resign or are dismissed
•
If the University stops sponsoring you for any other reason
•
If we reasonably suspect that you are breaching your conditions of leave
•
We are required by the Home Office to scan your visa and passport before employment
commences, every 12 months thereafter and during your employment if you obtain a new
passport or visa.
Name: ……………………………………………………………………
Signature: ……………………………………………………………..
6.0
Contacts / Useful Information
6.1
University Contacts
Date: …………………………………
Michelle Hoult
HR Assistant (Immigration) (Ext 46519)
Trudy Forster
Assistant Director of HR (Ext 46505)
Helen Symcox
HR Manager (Ext 46494)
Mike Parks
Head of Student Immigration & Financial
Support Office (Ext 46057)
Student Immigration & Financial
Ext 46253 / 46069
Support Office
General enquires:
[email protected]
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