Tier 2 Sponsorship - University of Oxford · • 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

Staff Immigration Team

Tier 2 SponsorshipA comprehensive guide for departments and colleges

February 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 AdviserTel: (2) 89912 /email [email protected] Sciences / Social Sciences / Colleges Q – W

Libby McGowan – 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 visa holders 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

• Support EU/EEA staff with concerns over Brexit

• 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 of today’s session• Compliance

• The Points-Based System and Tier 2 overview

• Recruitment

• Certificate of Sponsorship application

• Visa application

• Visa holder’s arrival in the UK

• Changes during employment

• Visa extensions

• Changing employment

• 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:

• Down-grading of the University’s sponsor licence to a B rating - would not be able to

sponsor new applicants from overseas

• Withdrawal of the sponsor licence - all sponsored visa holders 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 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, lecturers, external examiners)

•Youth Mobility Scheme (for people under 31 from qualifying countries)


Tier 2 sponsored visa holder• Nationals of non-EEA countries who require a visa to work in the UK

• Undertake a ‘skilled’ role as defined by the Home Office’ which

cannot be filled by a settled worker

• Salary meets the minimum salary threshold

• The vacancy has been advertised to meet Home Office RLMT

requirements/ meet certain exemptions

• Hold University/college contract of employment

• Paid via University/college payroll


Tier 2 process

Stage 1:

Recruitment

Stage 2:

Arrival in UK

Vacancy and RLMT

Interview and

selection

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: recruitment – using CoS form

Stage 2: arrival in UK – using Arrival form

Stage 3: during/end of employment – using Changes/leaver form


STAGE 1:

RECRUITMENT


Vacancy – EligibilityIs the role classified as ‘highly skilled’?

- Assessment of job description against the Home Office published occupations

- Roles the University sponsors under Tier 2 includes:

Advertise research and academic posts to meet the RLMT requirements

PhD- Level Occupation Example job titles

Researchers

Undertaking independent research

- Postdoctoral Researchers (Generally Grade 7)- Senior Research Associates- Research Assistants (Grade 6) discuss with SIT

Higher education teaching

Significant focus on teaching at undergraduate level or above. Permitted to undertake research activities.

- Departmental Lectures- Associate Professors (where Tier 1 ET is not applicable)


Vacancy – EligibilityRoles outside of research and teaching include:

Check with SIT

RQF – Level 6 and above occupations Examples

IT specialist managers

IT project and programme managers

Programmers and software development professionals

Assessment of highly specialist IT roles

Senior professionals of educational establishments Senior appointments in management positions, for

example: - - Head of Department

- Head of Administration and Finance

Actuaries, economists and statisticians Statistics/bio-informatics roles who are providing

specialist support to others research

Business, research and administrative professionals not

elsewhere classified

Senior appointments involved in the management of

research or specialist roles such as Clinical Trials

Coordinators

Public relations professionals Senior appointments within communication role

Archivists and curators

Librarians

Focused on GLAM departments


Vacancy – EligibilityDoes the post meet the absolute minimum salary requirement?

New Entrant: Minimum of £20,800 p.a.

• Switching from Tier 4 under the post-study provisions

• 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: Minimum of £30,000 p.a.

• 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

Each occupation will also have a specified minimum salary – check with SIT


Resident Labour Market Test - Exemptions

Exemptions from the need to meet the Home Office’s RLMT requirements:

• Tier 2 extensions

• Tier 4 (students/doctoral extension) switching into Tier 2

• Tier 1 Graduate Entrepreneur switching into Tier 2

• Annual salary over £159,600

• Researchers named on an external grant, where they have been selected

through a competitive process on the basis of their own research proposal

e.g. Marie Curie Fellows

• Researchers who have previously worked with the lead researcher as part of

their team for a continuous period of 12 months immediately before the new

Tier 2 application


Resident Labour Market Test (RLMT)

Other posts (RQF Level 6)

Advert timescales

Minimum 28 calendar day advertising

period (may be split into two periods –

each period no less than one week)

Max. 6 months between date advert

first posted and date CoS issued

Where to advertise

Advertise on two acceptable places:

• Universal Job Match- mandatory(Unless salary above £73,900 p.a.)

• University Website

• Jobs.ac.uk

• Naturejobs Online

• Monster

• Indeed

PhD posts (Academic/Research)

Advert timescales

Minimum 28 calendar day advertising

period (may be split into two periods –

each period no less than one week)

Max. 12 months between date advert

first posted and date CoS issued

Where to advertise

Advertise on two acceptable places, for

example:

• University Website

• Jobs.ac.uk

• Naturejobs Online

• Monster

• Indeed


RLMTWebsite

• 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

central recruitment website is the only acceptable media)

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

REMEMBER: if relying on adverts team sending University advert through to jobs.ac.uk

this can take 2-5 working days – place University advert for 5 weeks to make sure on

jobs.ac.uk for 28 days


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 – housing, retention)

• Skills and experience required

• Qualification required

• Closing date for applications

NB – Include a link to the Further Particulars in all adverts


How to quote salary in adverts

Choose one of the following options:

1. Put the whole salary range, consider including the discretionary

range depending on post type and market rates

2. Put in “from” and state the bottom of the range – ‘reasonable

salary offer’

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 and no indication

of a salary in Further Particular or advert can be given


Vacancy and RLMT

Record-keeping

• Print advert on first day it appears (Printout NOT screengrab)

• Print out must show:

• Advert content (seven key details)

• Name and logo of host website/publication

• URL (NB Universal JobMatch site NOT BusinessLink account preview)

• Date of printing

• Vacancy reference number

• Retain copies in case advert is required for Tier 2 CoS

application


Activity

Job advert - spot the mistakes

Time – 5 minutes


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 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

http://www.learning.ox.ac.uk/seminar_desc.php?cat=az&ls=&

cc=PER/REC/ONLI&page=3&id

http://www.learning.ox.ac.uk/seminar_desc.php?cat=az&ls=&cc=PER/REC/ONLI&page=3&id


Recruitment Decision Summary Grid

Shortlisted

candidate name

Offer?

Y/N

Summary of selection panel’s assessment of each candidate

DO:

Provide a paragraph for each candidate

explaining how they met /didn’t meet important

selection criteria;

Summarise how each performed at interview;

Clearly set out decision on chosen candidate.

DON’T:

Introduce new criteria not listed in the job

description;

Include more than one paragraph per candidate;

Provide unsupported or subjective comments;

State “A better than B”, but can indicate order

of preference.

• Include information for each candidate interviewed

• One candidate interviewed;

• details all other candidates that applied but were not shortlisted on the

summary grid

• Provide a copy of the shortlisting matrix

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

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


Tier 2 points criteria

Points criteria

Requirement Points

Valid Certificate of Sponsorship issued by the University’s SIT 30

Salary meets the minimum rate detailed in the appropriate Code of Practice for a ‘new entrant’ or

‘experienced worker’, or £20,800/£30,000 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 applicant 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 and have this confirmed by UK NARIC to level B1 (if

applicable), or (c) has passed a HO approved English language test to level B1

10

*Given 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


CoS applicationA CoS is a Home Office database record which shows details of the post the

applicant 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 permission to issue 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


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

• Email applications to Staff Immigration Advisor – mark

as confidential


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 applicant will apply for their visa

• ID numbers – NI number, national ID card number.

• Employment details – start date, end date, salary, main duties.

• 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


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

department/college HR contact

• Advise applicants 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

• Applicant must pay NHS Surcharge and application fee

• Tuberculosis testing for nationals of some countries https://www.gov.uk/tb-test-visa

• Supporting documents – for example English language requirements, passport, photographs.

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

• May be subject to “genuineness test”

• Applicant under occupation ‘Senior professionals of educational establishments’ (rarely used)

must submit criminal record certificate to cover last 10 years.

• 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

https://www.gov.uk/tb-test-visa


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

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

• Applicant must pay NHS Surcharge and application fee

• Applicant required to send supporting documents to Home Office– evidence

of meeting English language, maintenance, passport, photographs

• 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

• 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 applicants 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, based on CoS start and end dates

• 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.


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 your list of List B document holders (include expiry date and type of

visa)

4. 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)

5. Communicate with visa holder about reporting change in contact details,

absence and non UK travel, & remind to register with police if required

6. For joint appointments – ensure agreement is in place between

departments/colleges as to who will lead on reporting to SIT


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

employment:

• 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.


STAGE 3:

CHANGES DURING EMPLOYMENT


Changes during employment1. 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 (no more than 28 days)

• Change in job details (e.g. job title/ duties/ salary/ hours/ work location)

• Unauthorised absence of more than ten consecutive working days

• Authorised unpaid leave of up to a total of four weeks in twelve months (Jan-Dec)

• Change in salary due to leave (maternity, paternity, shared parental, 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 these changes to the Home Office

2. Update CORE with changes (departments only)

Changes in residential/contact details only need to 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

For Indefinite Leave to Remain applications visa holder must record all out of UK travel for their application. Dependants on visas issued after the 11 Jan 2018 will also need to detail absences.

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

lecture)

• If a visa holder 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 visa holder in reasonable time

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


Absence policy overviewAcademic 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

• Sickness – must report to line manager as soon as possible on first day of

absence

• 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 visa holders – Home Office policy


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

• Conduct a repeat RTW check before visa is due to expire (if visa application

pending when visa expires, complete Employer Checking Service

• Send copies of RTW for T2 and T5 sponsored visa holder to SIT


Switching employmentApplicant holding a Tier 2 visa with a different employer cannot start a

new post with the University until:

• SIT have issued a CoS and

• Their new leave to remain (visa) application has been approved by

the Home Office and

• Their new Tier 2 Biometric Residence Permit has been received

Applicants 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 occupation (i.e. same profession –

research, teaching, IT etc.) and

• Is paid at the appropriate level and

• Changes in job details are reported to SIT to report to Home Office


Visa restrictions and conditions

• 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

• Tier 2 visas are job specific – supplementary employment permitted

under specific circumstances


Supplementary employment

Supplementary employment permitted where the 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


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)


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

• SIT holds electronic data record for Tier 2 visa holders 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 visa holder

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 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)

• Latest fees https://www.gov.uk/tier-2-general/overview

• Immigration Skills charge of £364 per year, per individual sponsored by the

University, paid for by SIT and cross-charged

Exemptions;

• ‘PhD’ Occupations

• Tier 4 student switching into Tier 2

• Those sponsored before 6 April 17 extending or changing sponsor

• Croatian Nationals

Recommendation on reimbursement of visa costs can be found:

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

ntofapplications/

https://www.gov.uk/tier-2-general/overview

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


Handouts enclosed

• Tier 2 Initial CoS Application Form

• Immigration and Right to Work Roles and Responsibilities

• Tier 2/5 visa holder communication leaflet


Summary• Meet the Home Office Resident Labour Market Test requirements –

remember the seven key details

• Keep recruitment information – destroy six months after employment/

sponsorship ends

• Apply in good time

• Delayed start dates can be no more than 28 days

• Report changes within five working days

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

• Keep CORE up to date (departments only)

• Send all required data on Tier 2 and Tier 5 visa holders to SIT

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


Questions

Documents

Tier 2 Sponsorship - University of Oxford · • 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