1. Tier 5 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 /
Lisa Crook – Staff Immigration Assistant
Tel: (2)89919 /
Medical Sciences / Social Sciences / Colleges Q – W
David Richardson – Staff Immigration Admin Assistant
Staff Immigration Assistant
Tel: (2)89904/ /
Humanities / MPLS / Colleges A – P
Temporary 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 visitor routes.
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 a legal referral service for departments and colleges in relation to non-Tier 2 and Tier 5 matters
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 Compliance The Points-Based System and Tier 5 overview
Identifying an opportunity
Certificate of Sponsorship application
Visa application
Migrant’s arrival in the UK
Changes during employment/visit
Visa extensions
Changing departments
Croatian nationals
Visa restrictions and conditions
Application fees

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

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, research interns, lecturers, external examiners)
Government Authorised Exchange (non-research interns – through GTI Recruitment)
Youth Mobility Scheme (for people under 31 from qualifying countries)

8. Tier 5 sponsored migrants
Nationals of non-EEA countries who require a visa to work in the UK
Usually employed by an overseas HEI/ research institute
Take part in supernumerary research/ teaching/ external examining
Not part of normal staffing requirements
Do not fill vacancy
Usually paid by overseas institution/ external grant – may be paid by Oxford

9. Permissible activities
A Tier 5 sponsored migrant may:
Collaborate on University-hosted research where they are not filling an advertised position and the work is additional to the department/college's normal staffing requirements;
Undertake research as an intern where the work is additional to the department/college's normal requirements;
Give a lecture/lectures where they are not filling an advertised position and the work is additional to the department/college's normal staffing requirements;
Act as an external examiner.

10. During and end of sponsorship
Tier 5 process
Identify opportunity
Confirm opportunity
COS application
Visa application
Arrival in the UK
During and end of sponsorship
Stage 3:
During & end
Stage 2:
Arrival in UK
Stage 1:
Engagement
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

11. STAGE 1:
ENGAGEMENT OF MIGRANT

12. Identify and confirm supernumerary opportunity
Supernumerary research/ teaching opportunity identified by academic
Migrant identified (usually due to expertise/interest in a specific area)
Opportunity confirmed as supernumerary – not part of normal staffing requirements – not filling vacancy
Funding agreed (externally funded, paid by employer overseas, department pay allowance etc.).
Project/teaching plan mutually agreed
Opportunity/visit confirmed in writing between department and migrant (subject to obtaining satisfactory right to work)

13. Tier 5 points criteria Requirement Points
Valid Certificate of Sponsorship issued by the University’s SIT 30
Maintenance - either (a) the equivalent of £945 of personal savings held for at least 90 days prior to the date of the visa application, plus additional savings (£630) for each accompanying dependant, or, (b) confirmation from the engaging department/college that it will if necessary maintain and accommodate the migrant to a minimum value of £945 during the first month of the visit. Departments/colleges cannot certify the maintenance requirement for dependants of Tier 5 migrants. 10

14. COS application
A Certificate of Sponsorship is a Home Office database record which shows details of the role the migrant will be filling
Tier 5 COS issued for maximum 2 years
Tier 4 migrants may switch into Tier 5 to act as a research intern under certain conditions – contact SIT
The University holds an allocation of COS which can be issued by SIT (subject to meeting Home Office requirements)

15. 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
applications to Staff Immigration Assistant – mark as confidential

16. COS application Sections of the application form:
Eligibility – note that work must be supernumerary
Points criteria – 40 points required
Maintenance – default position = certified by department or college (cannot certify for dependents)
Passport info - must be passport that will be used for visa application
Contact details – in country in which the migrant will apply for their visa
Employment/visit details – start date, end date, funding, hours, role description etc.
Details of funding body – e.g. overseas employer, Oxford, external body
Record-keeping and reporting declaration
List of supporting documents – note naming conventions
Payment – account code to cross charge application fee to. Colleges to pay by cheque
Declaration – to be completed by key contact/ responsible person delegated by key contact

17. Activity COS application – spot the mistakes Time – 5 minutes Staff
Immigration
Team

18. Visa/leave to remain application
SIT issue COS to migrant (both overseas and in-country) by along with details on how to apply for their visa. The will be copied to the department/college HR contact
Advise migrants to apply as soon as possible to ensure visa granted in plenty of time before start date
Must apply no later than three months after COS is issued (COS expires after three months)
Overseas applicants (visa):
Application process varies slightly from country to country
Online applications in most countries – supporting documents sent to follow
Supporting documents – evidence of maintenance, passport, photographs etc.
Applicant must pay NHS Surcharge and application fee
Must give biometric details (fingerprints and photographs) at Biometric Enrolment Centre as part of the application process
Residents of some countries will require a TB test (if coming for more than six months)
Priority service available in some countries – premium fee
Must notify department/college if start date cannot be met for any reason (department/college must notify SIT immediately)
May be subject to a “genuineness test”
May be issued with one month visa and be required to collect Biometric Residence Permit when arrive in UK – more info later

19. Visa/leave to remain application
In-country applicants (leave to remain):
Applications made through SIT (including dependents)
May extend visa to total maximum two years
Tier 4 visa holders may switch into Tier 5 as a research intern under certain conditions – speak to SIT
Applications currently made on paper form
Supporting documents (depending on circumstances) – evidence of maintenance, passport, photographs etc.
Applicant to pay NHS Surcharge and application fee
Migrant required to enroll biometric details at Post Office/ Biometric Enrolment Centre before HO will make a decision on the application
HO in person appointment services available for urgent applications – contact SIT
Decision and documents returned to SIT
May be subject to a “genuineness test”
Migrant to present new Biometric Residence Permit to department for right to work check. Department to forward copy of BRP (both sides) and passport to SIT

20. 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.

21. 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.

22. Impact of BRP’s on RTW
If new starter is unable to collect their BRP before commencing employment/engagement;
Department can rely on the 30 day vignette as proof of right to work.
Advise individual to collect BRP within 10 days of arrival into the UK and BEFORE vignette expires.
Repeat right to work check must be completed on the BRP before the vignette expires.
If new starter presents vignette, best to advise to return with BRP to carry out one RTW on both documents.

23. STAGE 2:
ARRIVAL

24. 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 list of List B document holders and expiry dates
Fill out Arrival Form and send to SIT within five working days of start date with:
Contact details (even if temporary)
Contract copy (if applicable)
RTW copy
NI number (if applicable) – with confirmation that this has been recorded on CORE (or other HR system - colleges)
Communicate with migrant about reporting contact details, absence and non UK travel
Form at

25. CHANGES DURING SPONSORSHIP
STAGE 3:
CHANGES DURING SPONSORSHIP

26. Changes during sponsorship
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 above 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)
Send repeat RTW check with new visa for T5 sponsored migrants to SIT
Form at

27. Absence recording and reporting
Normal work related travel – does not need to be recorded or reported
Unauthorised absence – when a T2/5 migrant does not arrive for an expected work contact (e.g. to give a lecture)
If a migrant does not show for work when expected – contact them immediately!
If absence is explained (e.g. sick, family emergency) – not classed as unauthorised
Record unauthorised absence and report unauthorised absences of more than ten consecutive working days to SIT (Changes/Leaver Form)
Contact details vital – must be able to contact migrant in reasonable time
If migrant is travelling to out of contact area they must notify admin
Annual leave and sick absence – record according to staff group – and keep in department/college. Records for T5 migrants who are not employees must still be kept
Communicate with migrants – about this policy

28. 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
Job details must remain same as on original COS (duties, location, job title etc.).
Salary/funding increases as a result of annual increments permissible
Visa application to be made no later than six weeks before visa expires
Visa application checked and submitted by SIT
In person appointments available for urgent applications

29. Switching jobs/sponsors
Migrants already in the UK on a Tier 5 visa with a different employer/sponsor cannot start a new role 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 sponsored by the University on a Tier 5 visa may be able to change roles without having to obtain a new visa, if:
The new role is in the same SOC code (i.e. same profession – research or teaching) and
Continues to be paid above NMW.

30. Visa restrictions and conditions
Tier 5 visas are role specific – supplementary employment permitted under specific circumstances
Must be paid into own bank account – cash payments prohibited
Voluntary work permitted
No recourse to public funds (i.e. must not claim benefits) – exclusions apply for nationals of some countries

31. Supplementary employment
Supplementary employment permitted where the supplementary work is:
in the same profession as the job specified on the COS e.g. a lecturer may take up supplementary teaching for another department or organisation, or in a job which is on the 'shortage occupation list’
at the same professional level as the 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 project plan and on COS

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

33. Data holding Hard copies to be kept by department/college
SIT will hold an electronic data record for Tier 5 migrants centrally except:
Absence and sick records – to be recorded according to staff group and retained by department/college
Identification and confirmation of opportunity paperwork – do not destroy until six months after migrant leaves/ the University stops sponsoring them
Send data to SIT at three stages:
Engagement – using COS form
On arrival – using arrival form
During/end of employment – using Changes/leaver form
See for info on how long documents need to be retained

34. 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 exchange

35. Summary
Ensure Tier 5 opportunities are supernumerary (not filling a vacancy and additional to normal staffing requirements)
Keep up to date absence records (sick and annual leave)
Apply in good time
Report changes within five working days
Keep CORE up to date (departments only)
Keep up to date list of List B document holders and expiry dates
Send all data on Tier 2 and Tier 5 migrants to SIT
Self-audit to ensure that all required past changes have been notified

36. Questions
Staff
Immigration
Team