Tier 5 Sponsorship - admin.ox.ac.uk · •Graduate Entrepreneur ... •Youth Mobility Scheme ......

Staff Immigration Team

Tier 5 SponsorshipA comprehensive guide for departments and colleges

April 2018

Staff

Immigration

Team


Staff Immigration Team James Baker – Staff Immigration Team Leader

Tel: (2)89908 / email [email protected]

Tim Currie – Staff Immigration Officer


Lisa Crook – Staff Immigration Officer


Angelina Kehayova – Staff Immigration Adviser


Humanities / MPLS / Colleges A – P

Solveig Alsaker – Staff Immigration Adviser

Tel: (2) 89912 /email [email protected]

Medical Sciences / Social Sciences / Colleges Q – W

Nina Song – Staff Immigration Admin AssistantTel: (2)89926 / email [email protected]

Website:

http://www.admin.ox.ac.uk/personnel/permits/

mailto:[email protected]






http://www.admin.ox.ac.uk/personnel/permits/


What we do• Advise departments, colleges and applicants 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 visa holders centrally

• Manage complex cases and matters of non-compliance with external legal input where

necessary

• Provide regular training on Tier 1, 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

• Visa holder’s arrival in the UK

• Changes during sponsorship

• 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 applicants from overseas

• Withdrawal of the sponsor licence, with the consequence that all sponsored visa

holders would have to leave the University and the UK.

• On-the-spot fines of up to £20,000 for each illegal worker

• A maximum 2 year prison sentence and/or an unlimited fine if illegal 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 visa holders) may

result in serious consequences for entire Collegiate University.


Points-Based System

Tier 1

•Exceptional Talent (people with exceptional talent/promise)

•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 applicants• 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

• Usually paid by overseas institution/ external grant – may be paid

by Oxford


Permissible activities• A Tier 5 sponsored visa holder 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

Stage 1:

Engagement

Stage 2:

Arrival in UK

Identify opportunity

Confirm opportunity

CoS application

Visa application

Arrival in the UK

During and end of

sponsorship

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 APPLICANT


Identify and confirm supernumerary

opportunity

• Supernumerary research/ teaching opportunity identified by academic

• Applicant 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 applicant (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 employing department/college that it will if

necessary maintain and accommodate the applicant to a minimum value

of £945 (and accompanying dependants to a minimum value of £630

each, if required) during the first month of the visit.

10

*Since the introduction of the NHS Surcharge, the default position is that all CoS applicationswill be issued with maintenance certified by the department for the main applicant and

dependants


CoS application• A Certificate of Sponsorship is a Home Office database record which shows

details of the role the applicant will be filling

• Tier 5 CoS issued for maximum 2 years

• Tier 4 visa holders 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 Advisor – mark as confidential


CoS applicationSections of the application form:

• Eligibility – note that work must be supernumerary

• Maintenance – default position = certified by department or college

• Passport info - must be passport that will be used for visa application

• Contact details – in country in which the applicant will apply for their visa

• Visit details – start date, end date, funding, hours, activities to be undertaken

• Details of funding body – e.g. overseas employer, external body, Oxford

• 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


CoS application Supporting documents:

Project Plan

• Provide outline of research topic/objectives

• Summary of the activities to be undertaken

• 1-2 pages in length

Funding Letter

• Signed, dated and on the organisation's headed paper

• Detail the dates of the visit to the University of Oxford

• Confirm the level of funds (and allowances, if applicable) to be paid to the

applicant


Visa/leave to remain application • SIT issue CoS to applicant by email along with details on how to apply for their visa. The email

will be copied to the department/college HR contact

• Advise applicants 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

• Applicant must pay NHS Surcharge and application fee

• Residents of some countries will require a TB test (if coming for more than six months)

• Supporting documents – evidence of maintenance, passport, photographs etc.

• Must give biometric details (fingerprints and photographs) at Visa Application Centre

• Priority service available in some countries – premium fee

• May be subject to a “genuineness test”

• Must notify department/college if start date cannot be met for any reason

(department/college must notify SIT immediately)


Visa/leave to remain application In-country applicants (leave to remain):

• Tier 4 visa holders may switch into Tier 5 as a research intern under certain conditions

– speak to SIT

• Application make online, draft PDF version can be checked by SIT

• Applicant to pay NHS Surcharge and application fee

• Applicant required to send supporting documents to Home Office - evidence of

maintenance, passport, photographs etc

• Required to give biometric details at Post Office/ Biometric Enrolment Centre

• May be subject to a “genuineness test”

• Home Office in person appointment services available for urgent applications –

contact SIT

• Visa holder 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 nationals 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


STAGE 2:

ARRIVAL


Arrival1. Conduct RTW check before visa holder commences work

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)

• NI number (if applicable) – with confirmation that this has been recorded

on CORE (or other HR system - colleges)

• Contract copy (if applicable)

• RTW copy

5. Communicate with visa holder about reporting contact details, absence and non

UK travel & remind to register with police if required


Biometric Residence Permits

• All applicants applying inside the UK are issued a Biometric Residence Permit

card (BRP).

• Overseas applicants applying for a visa for more than 6 months:

• 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

engagement:

• Can rely on the 30 day vignette as proof of right to work

• Advise visa holder 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


STAGE 3:

CHANGES DURING SPONSORSHIP


Changes during sponsorship1. 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) - if funding

changes/ceases visa holder must notify department/college HR immediately.

Department/college HR must notify SIT immediately

• 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)

• Change in immigration status (e.g. granted other visa/ other nationality)

• Left early (e.g. finished early/ funding withdrawn/ dismissed)

• Left as expected in line with visa

SIT is required to record/report above changes to the Home Office

2. Update CORE with above changes (departments only)

Change in residential/contact details only need to be reported to SIT if not entered onto

Core (these details must always be kept up to date)

Form at http://www.admin.ox.ac.uk/personnel/permits/forms/#d.en.50259

http://www.admin.ox.ac.uk/personnel/permits/forms/#d.en.50259


Absence recording and reportingNormal work related travel – does not need to be recorded or reported

Annual leave and sick absence

• Record according to staff group and keep in department/college

• Communicate with visa holders about this policy

• Records for T5 visa holders who are not employees must still be kept

Unauthorised absence –does not arrive for an expected contact (e.g. to give a guest

lecture)

• If a visa holder does not show for visit 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 visa holder in reasonable time

• If visa holder is travelling to out of contact area they must notify admin

.


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

• Draft visa application can be checked by SIT prior to submission

• In person appointments available for urgent applications


Switching jobs/sponsorsAs a Tier 5 visa is granted specifically for the purpose of the research

visit in question it is not possible to:

1. Switch to carry out a different research project

2. Move to a different host department/ college or sponsor (i.e. move

to a different University).

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• 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

• Tier 5 visas are specific for visit – supplementary employment permitted

under specific circumstances


Supplementary employment

Supplementary employment permitted where the supplementary work is:

• in the same profession as the job specified on the CoS

e.g. if lecturing on research may take up supplementary teaching or 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 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, there is no maintenance

requirement

*All restrictions for Croatian nationals will be removed from 30 June

2018


Data holding• Hard copies to be kept by department/college

• SIT will hold an electronic data record for Tier 5 visa holders 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 visa holder 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 sponsorship – 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

http://www.admin.ox.ac.uk/personnel/recruit/recruitproc/feedback/retention/


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-authorised-

exchange

Recommendation on reimbursement of visa costs can be found:

http://www.admin.ox.ac.uk/personnel/permits/tier2/incountry/costan

dpaymentofapplications/

https://www.gov.uk/tier-5-government-authorised-exchange

http://www.admin.ox.ac.uk/personnel/permits/tier2/incountry/costandpaymentofapplications/


Summary• Ensure Tier 5 opportunities are supernumerary (not filling a vacancy

and additional to normal staffing requirements)

• Apply in good time

• 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 visa holders to SIT

• Report changes within five working days

• Keep up to date absence records (sick and annual leave)

• Self-audit to ensure that all required past changes have been notified


Questions

Staff

Immigration

Team

Tier 5 Sponsorship - admin.ox.ac.uk · •Graduate Entrepreneur ... •Youth Mobility Scheme ......

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