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

Transcription

1 Tier 2 Sponsorship A comprehensive guide for departments and colleges May 2017 Staff Immigration Team

2 Staff Immigration Team James Baker Staff Immigration Team Leader Tel: (2)89908 / james.baker@admin.ox.ac.uk Tim Currie Staff Immigration Officer Tel: (2)89903 / tim.currie@admin.ox.ac.uk Lisa Crook Staff Immigration Officer Tel: (2)89919 / lisa.crook@admin.ox.ac.uk Angelina Kehayova Staff Immigration Assistant Tel: (2)89904 / angelina.kehayova@admin.ox.ac.uk Humanities / MPLS / Colleges A P Solveig Alsaker Staff Immigration Assistant Tel: (2) / solveig.alsaker@admin.ox.ac.uk Medical Sciences / Social Sciences / Colleges Q W Amira Harb Immigration Compliance Assistant Tel: (2)89926 / amira.harb@admin.ox.ac.uk Website:

3 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 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.

4 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

5 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 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 visa holders) may result in serious consequences for entire Collegiate University.

6 Points-Based System Tier 1 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)

7 Tier 2 sponsored visa holder 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

8 Tier 2 process Vacancy and RLMT Interview and selection CoS application Visa application Arrival in the UK During and end of sponsorship Stage 1: Recruitment Stage 2: Arrival in UK 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

9 STAGE 1: RESIDENT LABOUR MARKET TEST AND RECRUITMENT

10 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 159,600 Tier 2 extensions Students/Tier 4 switching into Tier 2 Switching from Tier 1 Graduate Entrepreneur

11 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 poststudy 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.

12 Vacancy and RLMT Minimum salary requirements is the post eligible for a Tier 2 CoS? New Entrant: Salary below 20,800 pa. not eligible Experienced Worker: Salary below 30,000 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 with SIT

13 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 adverts first posted and date CoS issued Other posts (e.g. admin/ IT) max 6 months between date adverts first posted and date CoS issued Where to advertise Adverts placed in two acceptable places: o Other (e.g. admin/it) Universal Jobmatch (compulsory) and University website, jobs.ac.uk, national newspaper, professional journal, recruitment website (e.g. monster) o Academic/research and any post with annual salary above 72,500 University website, jobs.ac.uk, national newspaper, professional journal, recruitment website (e.g. monster) 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

14 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.

15 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 required Qualification required Closing date for applications NB Include a link to the Further Particulars in all adverts.

16 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.

17 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

18 Activity 1 Job advert - spot the mistakes Time 5 minutes

19 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 =&cc=per/rec/onli&page=3&id

20 Recruitment Decision Summary Grid Shortlisted candidate name JAMES BROWN Offer? Y/N N Summary of selection panel s reason for decision by reference to selection criteria Very few publications and in unrelated area. Limited experience in cell/tissue culture. PIERRE BLANC N 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 N 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.

21 Tier 2 points criteria Requirement Valid Certificate of Sponsorship issued by the University s SIT. 30 Points 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. Points criteria 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. 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 C1 (if applicable), or (c) has passed a HO approved English language test to level B *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

22 CoS application A 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 29 th of the month to be considered by Home Office early the following month

23 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

24 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 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

25 Activity 2 CoS application - spot the mistakes Time 10 minutes

26 Visa/leave to remain application SIT issue CoS to applicant (both overseas and in-country) by with details on how to apply for their visa. 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 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 From April 17 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

27 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 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

28 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.

29 Biometric Residence Permits Currently 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.

30 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.

31 STAGE 2: ARRIVAL

32 Arrival 1. Conduct RTW check before visa holder commences work remember if you are relying on a temporary one month visa, you must complete a new right to work check when the visa holder has collected their BRP 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 changed in contact details, absence and non UK travel, & remind to register with police if required 6. Form at

33 STAGE 3: CHANGES DURING EMPLOYMENT

34 Changes during employment 1. 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) 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 2. SIT is required to record/report above changes to the Home Office 3. 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) 4. Repeat RTW check before visa is due to expire (unless visa holder will leave in line with visa) and send copies of RTW for T2 and T5 sponsored visa holder to SIT Form at

35 Absence recording and reporting Normal work related travel does not need to be recorded or reported Unauthorised absence when a T2/5 visa holder 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 Annual leave and sick absence record according to staff group and keep in department/college Communicate with visa holders about this policy NB For Indefinite Leave to Remain Applications visa holder must record all out of UK travel for their application

36 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 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

37 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

38 Switching employment Visa holders 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 Visa holders 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 and Changes in job details are reported to SIT to report to Home Office

39 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

40 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

41 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)

42 Data holding Hard copies to be kept by department/college SIT will hold an 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 for info on how long documents need to be retained

43 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 From 6 April 17 - Introduction of 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

44 Summary Meet 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 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

45 Questions