Right to Work Checks Staff Immigration Team

Right to Work Checks Staff Immigration Team
A comprehensive guide for departments October 2015 Staff Immigration Team

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 Assistant Tel: (2)89904/ / Humanities / MPLS / Colleges A – P Amira Harb - Staff Immigration Admin Assistant Tel: (2)89926 / Website: Updated with new contact info

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

Content The University’s sponsor licenses Legislation and policy
Purpose of the legislation What is an illegal worker? Avoiding discrimination Consequences of non-compliance Who needs a right to work check? How to complete a right to work check Obtaining documents Checking documents Record and retaining documents Completing CoreHR Conducting repeat checks

Content Documents which give permission to work Validity of passports
Biometric Residence Permits List A documents List B documents Categories of employee and worker Employees, casuals and Tier 5 External examiners Tier 4 students Tier 2 supplementary work Summary

Sponsor Licenses The University holds ‘Highly Trusted Sponsor Status’ with the Home Office and holds the following licences: Tier 2 – to sponsor non EU employees to fill skilled roles (approx. 885 current sponsored visa holders) Tier 4 – to sponsor students from overseas (5,115 current sponsored students) Tier 5 – to sponsor supernumerary researchers and academics coming to collaborate (approx. 190 current sponsored visa holders) Failure to comply with Right to Work check requirements poses serious risk to the University’s sponsor licences.

Legislation and Policy

Legislation Immigration, Asylum and Nationality Act 2006
Right to work legislation came into effect on 27 January 1997 Updated in February 2008 Latest update to the Act – May 2014

Purpose of the legislation
Make it harder for people with no right to work in the UK to gain or keep employment Put the responsibility onto employers to prevent illegal working Make it easier for the Home Office to sanction employers who employ illegal workers Provide employers with a statutory excuse against sanction

Avoiding discrimination
RTW checks apply to all nationalities Cannot make assumptions of a person’s nationality on the basis of name, race, appearance etc. Equality Act 2010, employers are required to treat all job applicants equally. Home Office advises that a right to work check should be completed for all prospective employees, and at the same stage of the recruitment process. The collegiate University risks sanction under the Equality Act if employees/ prospective employees are treated differently on the grounds of race. I think it is the Equality Act 2010 that supercedes previous legislation on discrimination in employment NATALIE ADDED

What is an illegal worker?
A person who is “subject to immigration control” (i.e. requires a visa to work in the UK) and: does not hold the necessary visa to work in the UK and/or is working in breach of their visa conditions (i.e. in a role in which their visa doesn’t cover/ for more hours than their visa permits)

Examples of non-compliance
Mr A commenced employment on 6 September 2015 He forgot his right to work documents at interview and was asked to bring them to HR on his first day He forgot his right to work documents on his first day. He was allowed to commence work and was asked to bring his documents the following day His right to work was checked on 7 September 2015 Consequence – no statutory excuse against illegal employment if the documents were later found to be fraudulent because the right to work check was not done before employment commenced. What should the department have done? – sent Mr A home on his first day to get his right to work documents and not allowed him to commence work until a right to work check had been completed

Dr B started was engaged to do some casual work for four hours per week during term time. She has a Tier 4 visa. She is also working 18 hours per week for three colleges. The department did not ask her to complete a ‘Tier 4 Student Employment Declaration’ and did not know about her other work Consequence – illegal employment of a Tier 4 visa holder. What should the department have done? – asked Dr B to complete the ‘Student Employment Declaration’. If they had, they would have known that the work they were offering would have been in breach of her permitted hours on her Tier 4 visa and that they could not have employed her for this reason.

Ms C commenced employment on 6 January 2011 A right to work check was completed in March 2011 The Home Office contact the University in 2014 to advise that according to their records Ms C does not have the right to work in the UK (they have the ability to cross reference information from NI contributions with visa status) It was found that Ms C had presented a fraudulent Indefinite Leave to Remain visa Consequence – illegal employment of an individual with no right to work in the UK. No statutory excuse because a right to work check was not completed before work commenced. What should the department have done? – completed a right to work check before employment commenced. Had this been done, there would be no sanction against the University because the fraudulent document was not obvious.

Mr D was employed as a casual worker in the museum shop as a Retail Assistant for 20 hours per week He held a Tier 2 (General) visa with a private research company as a Research Assistant Consequence – Illegal employment of a Tier 2 visa holder in breach of their visa conditions. Tier 2 visa holders may only take additional work under strict conditions. One of which is that the work must be the same type of work as the job for which the Tier 2 visa was issued (in this case, research). What should the department have done? – checked the individual’s Tier 2 Certificate of Sponsorship (the individual should have received a copy from their primary employer) and sought advice from SIT to satisfy themselves that the casual work is permitted on the visa in question

Consequences of non-compliance
Impact on Tier 2, Tier 5 and Tier 4 (student) sponsor licences Licences withdrawn - all sponsored workers and students required to leave the University and UK Licences downgraded – may retain current visa holders but not sponsor new visa holders Prevent the recruitment of international talent (students and employees) On-the-spot fines of up to £20,000 for each illegal migrant Up to 2 year prison sentence and/or an unlimited fine Financial and reputational loss A breach from a single college or department (including those who do not have any Tier 2 or Tier 5 sponsored migrants) = potentially serious consequences for entire Collegiate University.

Who needs a right to work check?

Who needs a RTW check? Employees and casual workers
Right to Work check required Right to Work check not required Employees paid through payroll Anybody working entirely overseas Casual workers paid through payroll Anybody employed continuously since before 27 January 1997 Tier 5 sponsored migrants Self-employed people Anybody who receives a payslip Agency workers Anybody (over 16) on Work Experience Workers supplied by the Temporary Staffing Service Voluntary workers Examiners (in some circumstances) Out tutors arranged by department

Who needs an immigration check?
Visitors Immigration check required Immigration check not required People from overseas who require a visa/immigration stamp to enter as an Academic Visitor Visitors from within the UK/EEA People from overseas who require a visa/immigration stamp to enter as a Business Visitor (unless coming for one day or less) Non-EEA nationals who already have permission to be in the UK People from overseas who require a visa/immigration stamp to enter as a Permitted Paid Engagement visitor Business Visitors from overseas coming for one day or less Immigration status check = check, copy, sign, date and retain copy of passport and visa/immigration stamp. Retain copies for duration of visit

How to complete a right to work check

Copy and retain RTW document Update CORE & list of List Bs
Right to work check process 1 2 3 4 5 Obtain RTW document Check RTW document Copy and retain RTW document Update CORE & list of List Bs Repeat RTW check (List B’s only) Use the Right to Work Checklist to ensure you follow all of the required steps in full

Step 1: obtain document(s)
Only documents from the Home Offices List A or List B are acceptable proof of right to work. Must see original document(s) – photocopies and electronic copies not acceptable. Must see worker in person. Those who work remotely should have an initial visit to Oxford to present their right to work documents. In exceptional circumstances, a right to work check can be conducted via Skype/video link BUT the worker must send their original documents (passport, visa etc.) to the department before the right to work check via video link is conducted. This is not recommended. SEE SCREEN 76 Should there be a second slide to deal with people who do not come to Oxford using wording we agreed for college assessors – and will be the same for examiners….is the arrangement only for casuals, not employees?

Step 2: check document(s)
Document appears genuine – not expected to be experts but should reject document if it is “reasonably apparent” that it is not genuine/ does not belong to the holder. Photographs and DOB consistent across documents and with the appearance of the holder. Visa in date and permits work in question (note Tier 4 restrictions on hours and Tier 2 and Tier 5 restrictions on work). Passports must be in date except: For UK and EEA nationals For those with an EEA Family Permits/ Residence Card Check any difference in name – ask for further original documentation (i.e. marriage certificate) Not sure? Ask SIT

Step 3: copy and retain document(s)
Passports - copy all pages with photo, expiry date, nationality, DOB, signature, visa, biometric details All other documents – copy in full (both sides) Sign, print name and date copy – include declaration to confirm originals seen Retain for duration of employment/engagement and for two years after employment/engagement ends Data protection - copies must be held securely Keep copy of right to work documents attached to inside front cover of Personnel files so that documentation can be found easily during an audit Send copy of Tier 2 and Tier 5 RTW docs to SIT

Step 4: update CoreHR Completion is mandatory for all new employees, Tier 5’s and casual workers (for casuals, CoreHR will be completed by Data Services team) SIT runs monthly audits from CoreHR to ensure right to work information is complete. The Key Contact will be notified where significant omissions or errors are found. Keep up to date list of List B document holders, visa expiry dates and type of visa Have demonstrable system for ensuring list is always up to date – use CoreHR report to monitor right to work Use User Guide

Step 4: update CoreHR Which staff need right to work check information completed on CoreHR? All List B staff All List A staff who started after Aug 2014 NB: For departments classified RED at any stage during RTW audits – All staff must have RTW information completed on CoreHR NB: It would be useful for auditing purposes for departments to complete RTW information in CoreHR for all staff but this is not mandatory (unless department was classified RED during previous audits)

Blank for List A Blank for List B until repeat check Full name 3 months before visa expires

Step 4: update CoreHR Which fields must be completed?
For List A document holders: Date from – date of check Right to Work Type – select List A Permanent (List A) – select type of document RTW date checked RTW checked by For List B document holders: Date from – date of check Right to Work Type – select List B Limited (List B) – select type of document Issue date Expiry date RTW date checked RTW checked by RTW date next check – three months before visa expiry

Step 5: repeat check (List B only)
What is a repeat right to work check? A document check to determine whether a worker can continue to work beyond expiry date of their existing visa/document Must ensure that a new visa is received/ worker is in the process of applying for a new visa before the existing visa expires Only required if extending contract beyond expiry date of visa Applies to all List B document holders (Tier 1, Tier 2, Tier 4, Tier 5, spouse, dependant etc.) No repeat checks for List A document holders

If extending contract beyond expiry of existing visa for existing employee/worker: Contact worker approximately 3 months before expiry of existing visa check that migrant plans to extend their visa and continue to monitor 2. Before expiry of existing visa, complete RTW check using the new visa (if available) following steps 1-4 3. Update CoreHR and list of List B’s with new information

If new visa is not received from Home Office before expiry date of existing visa (and therefore you cannot complete a repeat check using the new visa): Seek and retain proof that the application was made to the Home Office (e.g. HO acknowledgement letter, proof of postage) before the existing visa expires. Permission to work extended for 28 days while awaiting new visa. On/ before 21st day after original visa expired, complete RTW check on the new visa (if available) following steps 1-4 Update CoreHR and list of List B’s with new information

If new visa is not received from Home Office by day 21 after the existing visa expired: Contact Employers Checking Service to confirm application received and RTW can continue Complete online form and submit to Home Office Positive verification – right to work will continue for six months whilst awaiting new visa. Negative verification – contact SIT immediately Complete RTW check using new visa once received and within the six months time frame Update CoreHR and list of List B’s with new information

Step 5: repeat check (example)
Professor E’s Tier 2 dependant visa expires on 12 December 2015 Action: Contact Professor E approx. 12 September 2015 to enquire about her plans to extend her visa. She tells you her partner intends to extend their visa in October and she will be included as a dependant. In mid November, contact Professor E to ask whether she has received her new visa from the Home Office. Professor E confirms that she has her new visa Professor E brings the new visa (in the form of a Biometric Residence Permit) to the department for a right to work check. The department completes the check, records on CoreHR and updates list of List Bs with new information

Dr F’s Tier 1 Exceptional Talent visa expires on 1 November 2015 Action: Contact Dr F approx. 1 August 2015 to enquire about his plans to extend his visa. He tells you he intends to extend his visa in early September. In early October contact Dr F to ensure he did apply for an extension and ask whether he has received his new visa. He hasn’t. Request proof of application. Dr F produces a letter from the Home Office dated 23 September 2015 confirming they have received his application. This is valid proof of right to work up to 28 November 2015. On 6 November 2015 Dr F confirms that he has received his new visa (in the form of a Biometric Residence Permit) and brings it in for the department to do a right to work check. The department completes the check, records on CoreHR and updates list of List Bs with new information

Dr G’s Tier 2 visa expires on 1 January 2016 Action: Contact Dr G approx. 1 October 2015 to enquire about his plans to extend his visa. He tells you he intends to apply for ILR in late November. In early December contact Dr G to ensure he did apply for ILR and ask whether he has received his new visa (unlikely). He hasn’t. Request for proof of application. Dr G produces a letter from the Home Office dated 29 November 2015 confirming they have received his application. This is valid proof of right to work up to 28 January 2016. On/shortly before 21 January 2016, contact Dr G to check whether he has received his new visa. He still hasn’t. Complete the Employers Checking Services form on the Home Office website (no later than 21 January 2016) and await response. On 27 January a Positive Verification Notice is received from the Home Office. This is valid as proof of right to work until 27 July 2016. Keep in regular contact with Dr G to check if he has received his new visa. On 4 February 2016 Dr G confirms he has received his new visa (in the form of a Biometric Residence Permit) and brings it in for the department to do a right to work check. The department completes the check, records on CoreHR and updates list of List Bs with new information

HELP YOURSELF TO TEA AND COFFEE
BREAK HELP YOURSELF TO TEA AND COFFEE

Right to Work documents
List A (permanent) List B (time-limited)

List A and List B documents
Two lists of documents provided by the Home Office which can be accepted as proof of right to work Only documents on these lists are acceptable Every employee and casual must provide one of the documents on the lists before work commences List A documents: Permanent proof of right to work – no repeat checks required during employment British/EEA passport and indefinite leave to remain visa holders List B documents: Time limited right to work – a repeat check must be done for ALL List B’s before the document expires if employment is expected to continue Work visa/ Biometric Residence Permit holders i.e. Tier 1, Tier 2, Tier 4/student, Tier 5, dependant visa See for photographs

EEA countries Austria Belgium Bulgaria Cyprus Czech Republic Denmark
Estonia Finland France Germany Greece Hungary Iceland Ireland Italy Latvia Lichtenstein Lithuania Luxembourg Malta Netherlands Norway Poland Portugal Romania Slovakia Slovenia Spain Sweden Switzerland United Kingdom Nationals of these countries may reside and work freely in the UK – List A document holders

Validity of passports Expired British and EEA passports are acceptable
All visas (including ILR, Tier 1, Tier 2, Tier 4) must be presented in a valid passport as proof of right to work EXCEPT EEA Family Permits, EEA Family Member Residence Cards and EEA Permanent Residence Cards (issued to non-EEA family members of EEA nationals) which may be accepted in an expired passport Those who have a visa in an expired passport must apply to have the visa transferred to a Biometric Residence Permit using a new valid passport before they start work

Transferring a visa Those who have an Indefinite Leave to Remain visa in an old passport will need to apply using the ‘NTL No Time Limit’ application at This currently cost £260 Those who have a limited visa (such as Tier 4, Tier 1, dependant etc.) will need to apply using the ‘TOC Transfer of Conditions’ form at This currently cost £183 Once they have applied to transfer their visa, use the Employers Checking Service form at to request a Positive Verification Notice as proof of right to work until their new visa arrives Must not employ until you have received and checked either the new visa or a Positive Verification Notice If relying on a Positive Verification Notice – must complete a new right to work check on the new visa once received and before the PVN expires (usually six months).

Biometric Residence Permits and vignettes – what’s the difference?
Issued to all in-country applicants Issued to overseas applicants coming for more than six months but must collect when arrive in the UK Vignette in passport Issued to all overseas applicants For those coming for more than six months the vignette will be valid for only one month – BRP must be collected when they arrive in the UK

BRP’s for overseas applicants
For migrants coming for more than six months the vignette (sticker) in passport will be issued for one month duration to enable migrant to enter the country Must collect BRP from Post Office (usually St Aldate’s) when they arrive and before vignette in passport expires Those coming for less than six months will not be required to collect a BRP Right to work implications Advise individual to collect BRP from Post Office before they start work If they can’t collect BRP before they start, you can accept the vignette in passport as proof of right to work but it is only valid up to the expiry date on the vignette – you must complete a new right to work check (using the BRP) before the vignette expires

List A document 1 British passport/ right abode: British nationals
British Nationals (Overseas) need a visa to work – List B not List A British Dependent Territories Citizen passport which states that the person has a connection with Gibraltar is not acceptable evidence of right to work – rarely seen Any certificate of entitlement to right of abode in the UK must be held in a valid passport A passport describing the person as a Citizen of the UK and colonies will only be acceptable if it contains the words ‘holder has the right of abode in the UK’ – rarely seen

List A document 2 Passport or ID card for a national of European Economic Area or Switzerland. Free to live and work in the UK without restriction NB Croatian nationals require a registration certificate / proof of exemption in order to take employment

List A document 3 A residence permit, registration certificate or document certifying permanent residence issued to an EEA/Swiss national: Residence permits or registration certificates are blue (except for those for Swiss nationals, which are pink) and contain the photograph of the holder

List A document 4 A Permanent Residence Card issued to the family member of an EEA/Swiss national: The EEA national under which the family member has obtained permanent residence, must be lawfully residing in the UK in order for the family member to retain their rights to reside and work freely in the UK

List A document 5 A current Biometric Residence Permit indicating that the person named is allowed to stay indefinitely in the UK, or has no time limit on their stay in the UK: Issued to non-EEA nationals who have spent a certain amount of time residing in the UK (or who is the family member of a non-EEA national who also holds indefinite leave to remain in the UK) Although this type of permit allows the holder to remain in the UK indefinitely, the Biometric Residence Permit must be renewed every ten years

List A document 6 A current passport endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK: Must be in a valid passport Usually in the form of a sticker in the passport

List A document 7 A current Immigration Status Document issued to the holder with an endorsement indicating that the named person is allowed to stay indefinitely in the UK or has no time limit on their stay, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer: Rarely seen but still some in circulation Evidence of the National Insurance Number must be in the form of an official document (i.e. a National Insurance Card, letter from HMRC, P45 or P60.)

List A document 8 A full birth or adoption certificate issued in the UK which includes the name(s) of at least one of the holder’s parents or adoptive parents, together with an official document giving the person’s permanent National Insurance number and name: Short birth certificates are not valid for this purpose. The full birth certificate must contain the details of at least one parent. Evidence of the National Insurance Number must be in the form of an official document (i.e. a National Insurance Card, letter from HMRC, P45 or P60) X

List A document 9 A birth or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer: The birth certificate must contain the details of at least one parent. Evidence of the National Insurance Number must be in the form of an official document (i.e. a National Insurance Card, letter from HMRC, P45 or P60.)

List A document 10 A certificate of registration or naturalisation as a British citizen together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer: A certificate of registration is an A4 certificate describing the holder as a British Citizen Evidence of the National Insurance Number must be in the form of an official document (i.e. a National Insurance Card, letter from HMRC, P45 or P60.)

List B document 1 A current passport endorsed to show that the holder is allowed to stay in the UK and is currently allowed to do the type of work in question: Sticker in the passport Some permits/visas contain restrictions on the type of work that the holder can do, and/or, the place that they are permitted to work (e.g. Tier 2 and Tier 5) Some permits/visas contain restrictions on the number of hours the holder is permitted to work (e.g. Tier 4) Other types of visa include Tier 1, Tier 5 YMS, Tier 4 DES, PBS dependant, spouse, UK Ancestry Passport and visa must be current

List B document 2 A current Biometric Residence Permit issued by the Home Office to the holder which indicates that the named person can currently stay in the UK and is allowed to do the work in question: A micro-chipped credit card sized card Some BRP’s contain restrictions on the type of work that the holder can do, and/or, the place that they are permitted to work (e.g. Tier 2 and Tier 5) Some permits/visas contain restrictions on the number of hours the holder is permitted to work (e.g. Tier 4) Other types of visa include Tier 1, Tier 5 YMS, Tier 4 DES, PBS dependant, spouse, UK Ancestry BRP must be current (i.e. in date)

List B document 3 A Residence Card issued by the Home Office to a non EEA/Swiss national who is a family member of an EEA/ Swiss national or who has a derivative right of residence: Non-EEA family members of EEA nationals may obtain permission to work in the UK in the form of an EEA family permit. Simply proving relationship with an EEA national (i.e. by presenting a marriage certificate) is not sufficient proof of right to work Can be in an expired passport

List B document 4 A current Immigration Status Document containing a photograph issued to the holder with a valid endorsement indicating that the named person may stay in the UK, and is allowed to do the type of work in question, together with an official document giving the person’s permanent National Insurance number and their name issued: This is usually a paper document containing a vignette indicating the holder’s immigration status These are no longer issued (since 2012) but some may still be in circulation. Evidence of the National Insurance Number must be in the form of an official document (i.e. a National Insurance Card, letter from HMRC, P45 or P60.)

List B document 5 A Certificate of Application issued to a family member of an EEA/Swiss national stating that the holder is permitted to take employment which is less than 6 months old together with a Positive Verification Notice from the Home Office. Family members of EEA nationals may apply for a residence card as proof of their right to work in the UK Under European law, many of these applicants are permitted to work whilst their application is being considered The certificate of application must be no more than six months old and must be verified by the Home Office ‘Employers Checking Service’ before the person can commence employment Employers checking service

List B document 6 An Application Registration Card stating that the holder is permitted to take the employment in question, together with a Positive Verification Notice from the Home Office : Usually issued to Asylum applicants. The holder may have restrictions on the type of work they can do and/or the number of hours they can work. The ARC must be verified by the ‘Employers Checking Service’ before the person can commence employment. Employers Checking Service

List B document 7 A Positive Verification Notice issued by the Home Office Employer Checking Service to the employer or prospective employer, which indicates that the named person may stay in the UK and is permitted to do the work in question: Issued when an employer cannot re-check right to work of an existing worker because the person’s passport and visa are with the Home Office in relation to an outstanding application or appeal Positive Verification Notice valid for six months Employers checking service

Not sure? Ask us!

RTW process for different employee / worker categories

Employees, casuals & Tier 5
Right to work check must be completed before work starts – report to relevant HR/ admin person on first day before starting work No statutory excuse if right to work check is done after work starts and person is found not to have right to work Processes must be in place within each department to sufficiently manage right to work checks for all staff, casuals and relevant visitors (this will be audited) Send copies of right to work documents for any Tier 2 or Tier 5 migrants sponsored by the University to SIT Keep up to date list of all List B document holders – this includes casuals and Tier 5’s.

Casuals Liaise with PI’s and others who may take on casuals on the importance of alerting HR before any work is agreed so that a right to work check can be arranged Complete right to work check before work starts Fill in new casual payroll form and send to casual payroll – RTW info on second page SIT check that right to work information is completed and will contact Key Contact if omissions are found May not be paid if no right to work information provided HRIS Data Services complete RTW information in CoreHR NB – if working more than 12 weeks continuous – not a casual

Examiners New process from October – briefing sessions available through Student Services. Postgraduate exam boards: Examiners and assessors who are not University employees and are working on PGT examination boards are to be paid as self-employed – no right to work checks required. Students holding Tier 4 visas are no longer able to work on postgraduate examination boards as their visas do not allow them to be self-employed. Undergraduate exam boards: Examiners and assessors working on UG exam boards who are not University employees will be paid through casual payroll. Right to work checks must be carried out and recorded before work commences. Tier 4 students working as UG assessors must complete a Student Employment Declaration Form to confirm they are not working in excess of the hours permitted on their visa and a copy of their term dates taken Details of Tier 4 students working as examiners must also be added to departments’ lists of List B visa holders

Examiners Taught Degrees Team receive examiner and assessor nominations as normal Taught Degrees Team will check whether RTW information is required Taught Degrees Team will contact department to request completion of an adapted version of casual payroll form where RTW is required and it is not already completed on CoreHR Department completes the form and returns to the Taught Degrees Team HRIS Data Services complete the RTW information on CoreHR See the comms from exam teams…. Not sure this is correct

Joint appointments Right to work check is typically completed and held by the college/department/division with whom the majority contract is held BUT Communicate with department/division to agree who has responsibility for the initial right to work check and repeat checks (for List B’s) Where the right to work check is held elsewhere (e.g. college/Divisional Office) seek a copy for your records Record in CoreHR where the original copy is held

Employing Tier 4 students
All Tier 4 students who are working (including in fixed term and casual roles) must have a right to work check before the work starts. All Tier 4 visas have restrictions on hours that can be worked Visas in out of date passports are not acceptable proof of right to work. Can apply to have visa transferred to Biometric Residence Permit using new passport From summer 2015, all students coming for more than six months will be issued with temporary visa and be required to collect BRP on arrival in UK Tier 4 Doctorate Extension Scheme visas are work visas. No restrictions on hours. Do not need to seek evidence of term and vacation dates or the Student Employment Declaration.

Right to work check comprises three parts: Check, copy, date, sign etc. Tier 4 visa/ BRP and passport – make sure the visa does not say that work is prohibited. Seek and retain evidence of term and vacation dates – check whether they are currently on vacation (and can therefore work full time) or term time (and therefore they are restricted on the number of hours they can work per week) Ask student to complete ‘Student Employment Declaration’ and ensure work on offer will not breach maximum permitted hours . Continue to monitor hours worked to ensure they are not employed in breach of their visa restrictions. Note 1: Make sure you add your Tier 4 students to your list of List B’s Note 2: Tier 4 students can never be ‘self employed’

Tier 4 students restrictions on hours
Undergraduate and Postgraduate Taught students: Normally work to term dates Usually restricted to 20 hours per week during term time (no restrictions during vacations) Graduate Research students: Have year round study commitments Generally should not work in excess of 20 hours per week Where a graduate student (who is a Tier 4 visa holder) wishes to work beyond 20 hours per week, they must provide written permission from their supervisor. Template supervisor permission letter at For non-Oxford PGR Tier 4 visa holders – check their terms of study (will need written permission from the HEI that they can work and that they are on vacation and have no study commitments if you want to employ in excess of 20 hrs per week)

Evidence of term and vacation dates: Printout from the student’s education institution’s website or other material published by the institution confirming its term and vacation dates for the student’s course of study. You must also check the web link to confirm it is genuine, OR A letter or addressed to the student from their education institution confirming term time dates for the student’s course, OR A letter addressed to the department from the education institution confirming term time dates for the student’s course. For PGR students who do not work to term dates, print a copy of the Student Paid Employment Guidelines at instead Student Employment Declaration : Check that student is not working elsewhere in excess of their permitted hours during term time required Link to form

Employing Tier 2 General visa holders in supplementary work
Tier 2 General visa holders may take a supplementary role (in addition to the role for which their visa was issued) under very strict Home Office rules: The supplementary work is in the same profession as the job specified on the Certificate of Sponsorship (CoS) e.g. a University Lecturer may take up supplementary teaching or research for another department or organisation, or the supplementary work is in a job which is on the Home Office's 'shortage occupation list'; The supplementary work is at the same professional level as the job specified on the CoS; The supplementary work is for no more than 20 hours per week; and The supplementary work is outside the working hours covered by CoS When conducting a RTW check, a copy of the CoS must be obtained. Check the details of the CoS to ensure it is the same type of work (NB: CoS for research roles must include teaching in the job description in order for a researcher to take up supplementary teaching work). Retain a copy of the CoS with the RTW check documents If in doubt, ask SIT!

Employing Tier 5 visa holders in supplementary work
Tier 5 Youth Mobility Scheme visa holders may work unrestricted Tier 5 Government Authorised Exchange are subject to the same supplementary employment rules as Tier 2 General (see previous slide) For employment of all other Tier 5 categories, contact SIT as different rules may apply

Repeat engagements of casuals
List A : May rely on the previous right to work check if you retained copies of the previous right to work check. List B : Must complete a new right to work check before each new engagement commences. This applies to all List B document holders (Tier 1, Tier 2, Tier 4, Tier 5, dependant, spouse etc.) Some visas carry restrictions on hours/ types of work and you need to check that the new engagement does not breach those restrictions The visa holder’s status may have changed (e.g. they may have changed from a dependant to a student in which case they will have new restrictions on their visa)

Contact Natalie/James with any questions
Summary and process Right to work required for all employees, casuals and Tier 5 – before work starts Immigration checks required for Academic, Business and PPE visitors - before visit starts Ensure a demonstrable system is in place to record and monitor right to work – the Home Office may expect to see this Keep right to work information inside front cover of personnel files for auditing purposes Keep an up to date list of List B document holders and expiry dates – include Tier 5s and casuals Ensure CoreHR is up to date at all times Be mindful of the significant risk to the collegiate University and sponsored students and colleagues of non-compliance Right to work and immigration is being closely monitored by the Audit and Scrutiny Committee Contact Natalie/James with any questions

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Right to Work Checks Staff Immigration Team

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Right to Work Checks Staff Immigration Team

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Presentation on theme: "Right to Work Checks Staff Immigration Team"— Presentation transcript:

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