1. Tier 2 Sponsorship Staff Immigration Team
A comprehensive guide for departments and colleges
May 2015
Staff
Immigration
Team

2. Staff Immigration Team
James Baker – Staff Immigration Team Leader
Tel: (2)89908 /
Natalie Goldsmith – Staff Immigration Officer
Tel: (2)89912 /
Tim Currie – Staff Immigration Officer
Tel: (2)89903 /
Staff Immigration Assistant
Tel: (2)89904
Humanities / MPLS / Colleges A – P
Lisa Crook – Staff Immigration Assistant
Tel: (2)89919 /
Medical Sciences / Social Sciences / Colleges Q – W
David Richardson – Staff Immigration Admin Assistant
Tel: (2)89926 /
Website:

3. What we do
Advise departments, colleges and migrants on Tier 2 and Tier 5 process and requirements.
Process Tier 2 and Tier 5 Certificate of Sponsorship applications.
Process Tier 2 and Tier 5 leave to remain applications on behalf of migrants.
Hold all data for Tier 2 and Tier 5 migrants centrally.
Advise departments and colleges on right to work in the UK.
Manage complex cases and matters of non-compliance with external legal input where necessary.
Provide regular training on Tier 2, Tier 5, right to work and visitors.
Report to the Audit and Scrutiny Committee on immigration and right to work compliance.
Represent the collegiate University’s comments and concerns with immigration policy to the Home Office.

4. Current news

5. Contents of today’s session
Compliance
The Points-Based System and Tier 2 overview
Recruitment
Certificate of Sponsorship application
Visa application
Migrant’s arrival in the UK
Changes during employment
Visa extensions
Changing employment
Croatian nationals
Visa restrictions and conditions
Application fees

6. 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:
Down-grading of the University’s sponsor licence to a B rating - would not be able to sponsor new migrants from overseas
Withdrawal of the sponsor licence - all sponsored migrants would have to leave the University and the UK
Up to £20,000 fine for each illegal migrant
Up to 2 year prison sentence and/or an unlimited fine if illegal migrant workers are employed knowingly
A breach of Home Office requirements from a single college or department (including those who do not have any Tier 2 or Tier 5 sponsored migrants) may result in serious consequences for entire Collegiate University.

7. Points-Based System Tier 1 Tier 2 Tier 3 Tier 4 Tier 5
Exceptional Talent (people with exceptional talent/emerging exceptional talent)
Graduate Entrepreneur (graduate with credible business idea)
Entrepreneur (those who wish to set up business in the UK)
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, lecturers, external examiners)
Youth Mobility Scheme (for people under 31 from qualifying countries)

8. Tier 2 sponsored migrants
Nationals of non-EEA countries who require a visa to work in the UK
Fill a vacancy advertised to meet Home Office RLMT requirements/ named researcher on a grant
Hold University/college contract of employment
Paid via University/college payroll

9. Tier 2 process
Vacancy and RLMT
Interview and selection
COS application
Visa application
Arrival in the UK
During and end of sponsorship
Stage 3:
During & end
Stage 2:
Arrival in UK
Stage 1:
Recruitment
Data to be sent at each stage to be held centrally by SIT
Stage 1: recruitment – using COS form
Stage 2: arrival in UK – using Arrival form
Stage 3: during/end of employment – using Changes/leaver form

10. RESIDENT LABOUR MARKET TEST AND RECRUITMENT
STAGE 1:
RESIDENT LABOUR MARKET TEST AND RECRUITMENT

11. Vacancy and Resident Labour Market Test (RLMT)
Do you need to meet RLMT requirements?
Exemptions from the need to meet the Home Office’s RLMT requirements:
Researchers named on an external grant
Annual salary over £155,300
Tier 2 extensions
Students/Tier 4 switching into Tier 2
Switching from Tier 1 Graduate Entrepreneur

12. Vacancy and RLMT
Minimum salary requirements – is the post eligible for a Tier 2 COS?
Salary below £20,800 pa. – not eligible
Academic/ research posts are usually eligible – advertise to meet RLMT requirements
Other posts (e.g. admin, IT) – check post and salary criteria in “Codes of Practice” or contact SIT
Codes of Practice list all posts which may be eligible for Tier 2 and min. salary requirements (note different salary thresholds for ‘new entrants’ and ‘experienced workers’)

13. Vacancy and RLMT Does the post meet the minimum salary requirement?
New Entrant:
Switching from Tier 1 (Post-study Work) or Tier 4 under the post-study provisions and;
Aged 25 or under on the date of their Tier 2 visa application.
Not classed as new entrant if applying to extend total stay in Tier 2 and/or as a work permit holder beyond 3 years and 1 month
Experienced Workers:
Anyone not switching into Tier 2 under the post-study provisions and aged 26 or over on the date of their Tier 2 visa application;
Anyone wishing to extend their total stay in Tier 2 and/or as a work permit holder beyond 3 years and 1 month.

14. Vacancy and RLMT Advert timescales
Minimum 28 calendar day advertising period (may be split into two periods – each period no less than one week)
Academic/research posts – max. 12 months between date of advertising and date COS issued
Other posts (e.g. admin/ IT) – max 6 months between date of advertising and date COS issued
Where to advertise
Adverts placed in two acceptable places:
Academic/research posts and posts with annual salary above £72,500 – University website, jobs.ac.uk, national newspaper, professional journal, recruitment website (e.g. monster)
Other (e.g. admin/IT) – Universal Jobmatch (compulsory) and University website, jobs.ac.uk, national newspaper, professional journal, recruitment website (e.g. monster)

15. Vacancy and RLMT Website
Online version of a newspaper or professional journal
Website of a prominent professional or recruitment organisation, which does not charge a fee to jobseekers
Employers own website under certain strict conditions (the University of Oxford’s main recruitment website is acceptable)
Professional journal
Available nationally through retail outlets or through subscription,
Published at least once a month, and
Related to the nature of the job
Newspaper (rarely used at Oxford)
Marketed throughout the UK or where the job is located, and
Published at least once a week.

16. Vacancy and RLMT Seven things which must be included in an advert:
Job title (must match contract and COS, and be consistent across all adverts)
Main duties and responsibilities
Location of the job
Salary range/package, and the terms on offer (e.g. guaranteed allowances, fixed term conditions etc.)
Note exception for use of “competitive salary”
Skills and experience needed
Qualification required
Closing date for applications
NB – Include a link to the Further Particulars in all adverts.

17. How to quote salary in adverts
Choose one of the following options:
1.       Put the whole salary range, consider whether it is necessary to include the discretionary range depending on post type and market rates
2.       Put in “from” and state the bottom of the range – and go to SAP when the actual salary is known if above the range
3.       Put in “Competitive Salary” – but only where Division/SAP have given approval before the advertisement is placed
The use of “competitive salary” is expected to be rare.

18. Vacancy and RLMT Record-keeping Print advert on first day it appears
Print out must show:
Advert content (seven key details)
Name and logo of host website/publication
URL
Date of printing
Vacancy reference number
Retain copies in case advert is required for Tier 2 COS application

19. Activity 1
Job advert - spot the mistakes
Time – 5 minutes

20. Interview and selection
Academic and research posts – best person may be selected
All other posts – EEA national/settled worker must be selected if they meet selection criteria (even if a migrant worker better meets the criteria).
Selection panel complete Recruitment Decision Summary Grid (one per post)
Reasons for refusal must refer directly to selection criteria
Departments and colleges responsible for quality of information
Online Recruitment and Selection course

21. Recruitment Decision Summary Grid
Shortlisted candidate name
Offer?
Y/N
Summary of selection panel’s reason for decision by reference to selection criteria
 JAMES BROWN  N
Very few publications and in unrelated area. Limited experience in cell/tissue culture.
PIERRE BLANC
 Limited experience in cell/tissue culture. Approx. 8 months from completing PhD.
 JIN LIU  Y
High level of experience In cell/tissue culture. Excellent evidence of contribution of ideas for new projects. Excellent publication record.
 KAREN JONES
High level of experience In cell/tissue culture. Good evidence of contribution of ideas for new projects but less so than selected candidate. Excellent publication record.

22. Tier 2 points criteria Points criteria Requirement Points
Valid Certificate of Sponsorship issued by the University’s SIT. 30
Salary meets the minimum the rate detailed in the appropriate Code of Practice for a ‘new entrant’ or ‘experienced worker’, or £20,800 per annum, whichever is higher. 20
Maintenance*: either (a) the equivalent of £945 of personal savings held for at least 90 days prior to the date of the visa application, plus additional savings (£630) for each accompanying dependant, or, (b) confirmation from the employing department/college that it will if necessary maintain and accommodate the migrant to a minimum value of £945 (and accompanying dependants to a minimum value of £630 each, if required) during the first month of employment. 10
English language: (a) national of an English-speaking country as defined by the HO, or (b) has studied for a degree via the medium of English, or (c) has passed a HO approved English language test.
Points criteria
*Given the introduction of the NHS Surcharge, the default position is that all COS applications will be issued with maintenance certified by the department for the main applicant and dependants

23. COS application
A COS is a Home Office database record which shows details of the post the migrant will be filling
In-country applicants:
The University hold an allocation of COS which can be issued at any time without prior approval from Home Office
Overseas applicants:
The University must apply to the Home Office for a COS on a case-by-case basis
Applications to the Home Office are made monthly by SIT- deadline 29th of the month to be considered by Home Office early the following month

24. COS application
Apply approx. 3 months before start date / visa expiry date
Late submission/ issues = possible delay in start date
Submit applications and documents electronically
Put supporting documents in one folder – password protect the folder using 7Zip
applications to Staff Immigration Assistant – mark as confidential

25. COS application form Eligibility – note 12 month ‘cooling off’ period
Points criteria – 70 points required
Maintenance – default position = certified by department or college (including 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
ID numbers – NI number, national ID card number etc.
Employment details – start date, end date, salary, job description etc.
Recruitment – details of advertising
Record-keeping and reporting declaration
List of supporting documents – note naming conventions
Payment – account code to cross charge application fee to. Colleges to pay by cheque
Declaration – to be completed by key contact/ responsible person delegated by key contact

26. Activity 2
COS application - spot the mistakes
Time – 5 minutes

27. Visa/leave to remain application
SIT issue COS to migrant (both overseas and in-country) by with details on how to apply for their visa. copied to department/college HR contact
Advise migrants to apply as soon as possible – to avoid delay in start date
Must apply no later than three months after COS is issued (COS expires after three months)
Overseas applicants (visa):
Application process varies slightly from country to country
Online applications in most countries – supporting documents sent to follow
Supporting documents – evidence of meeting maintenance and English language point requirements, passport, photographs etc.
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
May be subject to “genuineness test”
Tuberculosis testing for nationals of some countries
Priority service available in some countries – premium fee
Must notify department/college if start date cannot be met for any reason (department/college must notify SIT immediately)
May be issued with one month visa and be required to collect Biometric Residence Permit when arrive in UK – more info later

28. Visa/leave to remain application
In-country applicants (leave to remain):
Applications must be made online
Applicants can save a PDF version of online application to be checked by SIT before submission
Applicant to pay NHS Surcharge and application fee
Applicant required to send supporting documents to Home Office– evidence of meeting English language, maintenance, passport, photographs etc.
Required to give biometric details at Post Office/ Biometric Enrolment Centre before HO will make a decision on the application
May be subject to “genuineness test”
HO in person appointment services available for urgent applications – contact SIT
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

29. 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
Australian and New Zealand nationals are exempt (NHS reference number to be obtained – nil payment).
Applicants will be required to pay for the full fee up front. For example a visa application for 2.5 years will incur a NHS Surcharge of £500.
Making the payment – will be charged the maximum up to 3 years - £600 or over 3 years - £1000 and then be refunded the difference based on the length of the visa.
New slide

30. Biometric Residence Permits
Currently all applicants applying inside the UK are issued a Biometric Residence Permit card (BRP).
Between now and 31 July 2015 this will be introduced for 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.
New slide

31. 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.

32. STAGE 2:
ARRIVAL

33. Arrival
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
Departments fill out Right to Work screen in CORE
Add to your list of List B document holders (include expiry date and type of visa)
Fill out Arrival Form and send to SIT within five working days of start date with:
Contact details (even if temporary)
Contract copy
RTW copy
NI number (can follow if not available on arrival)
Communicate with migrant about reporting changed in contact details, absence and non UK travel
Form at

34. CHANGES DURING EMPLOYMENT
STAGE 3:
CHANGES DURING EMPLOYMENT

35. Changes during employment
Use the Changes/Leaver Form to inform SIT within 5 working days of:
Change in start date on CoS/ did not arrive on start date
Change in job details (e.g. job title/ duties/ salary/ hours/ work location)
Change in residential address/contact details (these must always be up to date)
Unauthorised absence of more than ten consecutive working days
Authorised unpaid leave of up to one month in twelve months (Jan-Dec)
Change in salary due to leave (maternity, paternity, adoption, sick)
Left early (e.g. finished early/ resigned/ funding withdrawn/ dismissed)
Change in immigration status (e.g. granted ILR/ other visa/ other nationality)
Left as expected in line with visa
SIT is required to record/report above changes to the Home Office
Update CORE with changes (departments only)
Record annual leave and sick absence according to policy for staff group – keep in department/ college
Repeat RTW check before visa is due to expire (unless migrant will leave in line with visa) and send copies of RTW for T2 and T5 sponsored migrants to SIT
Form at

36. Absence recording and reporting
Normal work related travel – does not need to be recorded or reported
Unauthorised absence – when a T2/5 migrant does not arrive for an expected work contact (e.g. to give a lecture)
If a migrant does not show for work when expected – contact them immediately!
If absence is explained (e.g. sick, family emergency) – not classed as unauthorised
Record unauthorised absence and report unauthorised absences of more than ten consecutive working days to SIT (Changes/Leaver Form)
Contact details vital – must be able to contact migrant in reasonable time
If migrant is travelling to out of contact area they must notify admin
Annual leave and sick absence – record according to staff group – and keep in department/college
Communicate with migrants – about this policy
NB For Indefinite Leave to Remain Applications - migrant must record all out of UK travel for their application

37. Absence policy overview
Academic staff
Sickness – must report to line manager as soon as possible on first day of absence
Annual leave – determine own duration of working time but in accordance with regulations, Academic staff are entitled to at least the statutory minimum number of days paid holiday per year
Academic related and support staff
Annual leave – entitlement as specified in letter of appointment
Procedures must be in place to record sick and annual leave for all Tier 2 sponsored migrants – Home Office policy

38. Tier 2 visa extensions
New COS required (use Tier 2 COS Extension form)
Apply for COS approx. 3 months before visa expiry date
Job details must remain same as on original COS (duties, location, job title etc.).
Salary increases as a result of annual increments permissible
Visa application to be made no later than six weeks before visa expires
Visa application can be checked by SIT prior to submission
In person/priority postal appointments available for urgent applications

39. Switching employment
Migrants already in the UK on a Tier 2 visa with a different employer cannot start a new post with the University until:
SIT have issued them a COS has been issued and
Their new leave to remain (visa) application has been approved by the Home Office and
Their new Biometric Residence Permit has been received
Migrants already working for the University on a Tier 2 visa may be able to change employment without having to obtain a new visa, if:
The new job is in the same SOC code (i.e. same profession – research, teaching, IT etc.) and
Is paid at the appropriate level.

40. Visa restrictions and conditions
Tier 2 visas are job specific – supplementary employment permitted under specific circumstances
Must be paid into own bank account – cash payments prohibited
No recourse to public funds (i.e. must not claim benefits) – exclusions apply for nationals of some countries
Voluntary work permitted

41. Supplementary employment
Supplementary employment permitted where the supplementary work is:
in the same profession as the job specified on the COS e.g. a University Lecturer may take up supplementary teaching or research for another department or organisation, or in a job which is on the 'shortage occupation list’
at the same professional level as the job specified on the COS, e.g. paid at the same level
for no more than 20 hours per week
outside the working hours covered by the COS.
NB the Home Office do not view University teaching and research as the same profession – if a researcher is expected to teach – put it in the further particulars and on COS

42. Croatian nationals Require a COS
Apply for a Registration Certificate instead of a visa
Same rules apply for COS application except:
No cooling off period
No maintenance requirement
level of post (NQF Level 4)

43. Data holding Hard copies to be kept by department/college
SIT will hold an electronic data record for Tier 2 migrants centrally except:
Absence and sick records – to be recorded according to staff group and retained by department/college
Interview notes – do not destroy until six months after migrant leaves/ the University stops sponsoring them
Send data to SIT at three stages:
Recruitment – using COS form
On arrival – using arrival form
During/end of employment – using Changes/leaver form
See for info on how long documents need to be retained

44. 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

45. Summary
Meet Home Office Resident Labour Market Test requirements – remember the seven key details
Keep up to date absence records (sick and annual leave)
Keep recruitment information – destroy six months after employment/ sponsorship ends
Apply in good time
Report changes within five working days
Keep CORE up to date (departments only)
Send all required data on Tier 2 and Tier 5 migrants to SIT
Self-audit to ensure that all required past changes have been notified

46. Questions