An introduction to your visa and conditions

Transcription

1 Staff Immigration Team An introduction to your visa and conditions November 2016

2 Staff Immigration Team The University values global talent The University s Strategic Plan: To develop the University s position as a global forum for intellectual engagement To recruit and retain high calibre staff from across the world To work towards an increasingly diverse staffing profile Source:

3 Staff Immigration Team Welcome to Oxford Our Sponsor License: Highly Trusted Sponsor status with UK Government (Home Office) Allows us to: Welcome international talent from all over the world Sponsor visa holders (approx. 1,100 current sponsored visa holders more visa than any other UK University) Specialist Staff Immigration Team dedicated to handling queries and applications from sponsored visa holders and their families

4 Staff Immigration Team How can we help you? At recruitment we arrange your visa sponsorship (Certificate of Sponsorship) Overseas we advise you how to apply for your visa In the UK we check your application Remind your department to remind you when your visa is close to expiring Update the Home Office if your circumstances change more information later. We advise you of the conditions attached to your visa Help to ensure that the University is compliant with its responsibilities to the Home Office to ensure that we keep our license to sponsor visas

5 Staff Immigration Team Who do I contact? For any visa related queries or issues please contact the HR team/person in your department HR will contact the Staff Immigration Team for specialist advice where necessary

6 Staff Immigration Team Turpin and Miller LLP Philip Turpin - external immigration lawyer based in Oxford Used by the University for immigration related legal advice Will now talk you through: What you need to report to the University and the Home Office What the University has to report to the Home Office Requirements for future visa applications you may wish to make

7 A survivor s guide to sponsored migration. A short presentation on how (& why) a little admin. can go a long way Turpin & Miller LLP

8 I m here now why am I still being monitored? Points Based System phased in during 2008, modelled on Australia. Aim was to establish clear and objective criteria for granting visas, and To shift the burden of policing from the Home Office to the new sponsors (employers/educational establishments) Huge regulatory burden now falls on sponsor to monitor and report back on employees/students

9 The Five Tiers Tier 1 Exceptional Talent Tier 2 (General) (maximum of six years for those who entered after 6 April 2011) Tier 3? Tier 4 students Tier 5 Sponsored Researchers (also other GAE, Youth Mobility, Charity workers, Religious Workers, International Agreement)

10 The three-way relationship Ongoing obligations in all directions You Your employer/ sponsor UK Visas & Immigration (Home Office)

11 Who does what? Home Office decides which employers can hold sponsor licences and monitors the operation of those licences. Decides which applicants are granted leave to enter/remain & on what terms. Your employer/sponsor issues Certificates of Sponsorship COS according to Home Office rules. Has ongoing responsibilities to monitor its employees/ sponsored visa holders, look after the integrity of its licence and report any issues to the Home Office You are the holder of either leave to enter or leave to remain. You may have a Biometric Residence Permit. You have ongoing responsibilities as a sponsored migrant, as a person subject to immigration control & as the holder of a Biometric Residence Permit.

12 Things you must report to your employer/sponsor Don t despair it s not too onerous Any change of address or phone number (mobile & landline) Any change in job details (title, salary, hours, work location, duties or even leaving your employment/ project) don t assume If you switch into a different immigration category Must follow University absence reporting procedures for sickness, holidays and other absences Tier 5s must report any problems with funding These changes must be reported to your departmental/ college administrator or HR contact

13 Vignette/ Paper Visa Things you are asked to report to the Home Office All Points-Based System migrants requested to report certain things to the UKVI : Change of name or nationality; Criminal convictions or civil judgments; New passport details; Change of address, , mobile or landline; Change of legal representative; Change of dependants details (where dependency ceased). Change of address/legal rep online form at Other changes Migrant Change of Circumstances form at

14 Biometric Residence Permit Things you are required to report to the Home Office Lost or stolen card. Must report to police and obtain crime reference number. Must report to UKVI as soon as reasonably practicable. Must apply for new BRP within 3 months of date of cancellation of old one. If lost overseas, must apply for replacement within one month of return. Card altered, damaged or someone else using it. Report as soon as reasonable practicable. Must apply for new BRP within three months. Change of name, gender, nationality, facial appearance changes significantly. Must apply for new BRP within three months. Change of address (if going to be for more than six months) must report immediately Cease to meet any of the conditions of leave must report immediately Change of address/legal rep online form at Other changes Migrant Change of Circumstances form at

15 Things you must report to the Police If you are required to register with the police, this will be stated in the letter confirming that your visa application has been granted. You must register with the police within seven days of arrival in the UK (or of being granted the BRP). The police will record: Your address Your passport details Your marital status Your employment Your visa/brp number If any of these change you must report it to the police within seven days

16 So what if I don t? Different omissions have different penalties. Some examples: Whoops forgot to tell my employer I had a new phone number. UKVI just dropped by for an audit and tried to call me at random. Number was disconnected... I lost my BRP last year in the supermarket. Wasn t worried about it until now when I need to travel overseas. Called UKVI and they told me I had breached some kind of regulations for not telling them. Just received a letter threatening a fine of 1000.

17 So what if I don t... I got an extension to my leave last month and a new BRP. I have to register with the police but forgot to tell them. Too scared to go down there now. Help! Someone told me I had committed a criminal offence. I had a family emergency back home and had to rush back. I only meant to be away for a week or so, but ended up being away for 3 weeks. I forgot to get permission from my employer. Just turned up at Heathrow and they told me my leave had been cancelled

18 What am I able to do while I am here? Work for your employer, in the job described in your Certificate of Sponsorship (CoS) (Check if your CoS permits teaching) Do voluntary work (e.g. charitable work) Study (so long as it does not interfere with your employment) Bring family (spouse/partner & children under 18) Use the NHS without charge (unless visa for 6 months or less) Send your dependants to state schools Do supplementary employment in the same sector and at the same level, for up to 20 hours per week

19 Supplementary Employment The supplementary employment must be: in either a job on the shortage occupation list or a job in the same sector and at the same professional level as the work for which the CoS was assigned teaching and research considered different sectors no more than 20 hours per week outside the working hours covered by the CoS The supplementary employment includes self employment

20 What am I not able to do? Work other than allowed in the CoS or in supplementary employment Take unpaid leave in excess of four weeks per year (January to December) Claim public funds Bring dependants over the age of 18 Commit a criminal offence...

21 Driving in the UK EU Licence: You can drive in Great Britain on your full, valid driving licence Licence from a Designated country: (Andorra, Australia, Barbados, British Virgin Islands, Canada, Falkland Islands, Faroe Islands, Hong Kong, Japan, Monaco, New Zealand, Republic of Korea, Singapore, South Africa, Switzerland, Zimbabwe). You can drive in Great Britain on your licence for 12 months from when you became resident. You can exchange it for a GB licence for up to five years. Other countries: You can drive in Great Britain on your licence for 12 months from when you became resident. Driving without a licence invalidates insurance. Driving without a licence and /or without insurance is a criminal offence.

22 Immigration Health Surcharge All in-country applications for limited leave, and all overseas applications for limited leave of 6 months or more. Does not apply to Indefinite Leave to Remain applications. Paid for as part of application process. 200 per year of leave granted. Part year paid at 50% if less than 6 months, otherwise full year payable. Will allow you to access NHS treatment without charge. Name will be green flagged on system. Must take BRP when accessing NHS treatment. Exemptions: Nationals of Australia and New Zealand (before 6 th April 2016) European nationals and their family members Babies born in UK up to age of 3 months Babies born before April 2015 Accident and Emergency treatment always free at point of delivery. Existing visa holders who applied before April 2015

23 Tier 5 and options Maximum of 24 months No limit on the number of Tier 5s you can hold Tier 5 does not lead to settlement

24 Tier 2 and Cooling Off If you hold Tier 2 General and leave the UK you must wait for 12 months before you can apply for visa to return to the UK as Tier 2 (General) The 12 months will commence on the date the Tier 2 expired (or from the date you left the UK, if that is earlier and can be evidenced). To avoid this cooling off you must always extend your stay before departure. You cannot leave and then expect to return with a fresh visa obtained overseas There is no cooling off if you came into the UK with a Tier 2 valid for three months or less.

25 Tier 2 and Indefinite Leave to Remain Maximum of six years stay, unless started before April 2011 Must complete five years continuous residence (no gap between jobs of more than 60 days) to qualify for ILR Maximum of 180 days absence per calendar year (counting back from the date of application) 180 day absence applies to all absences (including work related) University must confirm that you are still required for the foreseeable future for the employment in question and will continue to be paid at the appropriate rate for the job. Minimum earnings threshold introduced from 6 th April 2016 (researcher and lecturer roles are exempt) Life in the UK test English language

26 Partner Applications/Right to Reside Provision in the Immigration Rules to make applications for leave to remain as the partner of a British citizen/settled person Partner is spouse, civil partner or unmarried partner (where the unmarried partners have had two years co-habitation) The spouse of an EU citizen who is a qualified person has the right to reside with the EU citizen. Also provision to obtain residence on the basis of durable relationship with an EU partner Recommend legal advice

27 Ten Years Continuous Residence Ten years continuous lawful residence (in whatever capacity) No single absence for more than six months Absences must not exceed 18 months (540 days) over the ten years Knowledge of Life in the UK (the Life in the UK test) Knowledge of English language Take care if considering a ten year application and you have PBS dependants. If in doubt re any gaps invalid applications etc apply for copy of Home Office file.

28 Children born in the UK Children born in the UK not born British unless either the mother or father is settled (i.e. British or ILR) No obligation to make any application for child to be granted leave in line, (but remember issue of eligibility for NHS treatment only for the first three months). A child born in the UK will become eligible for registration as a British citizen as soon as either the mother or father acquires ILR (so consider leaving any UK born children out of the ILR applications of the parent/s and then immediately register as British).

29 British citizenship Prima facie eligible after 5 years lawful residence and 1 year of Indefinite Leave to Remain. Note difference between level of permitted absences for ILR and Naturalisation. 450 over 5 years, no more than 90 in final year. Some discretion re excess absences if all other requirements met and home, family and substantial part of estate in UK. Strict approach to good character. Non custodial offence will usually result in refusal if conviction occurred in last 3 years. Fixed penalty notices to be declared but won t prevent naturalisation unless persistent offender. Breach of immigration law (period of overstaying etc) can result in refusal for up to 10 years. Perhaps some discretion for short breaks up to 28 days (but still unclear how they will interpret).

30 Further contact Philip Turpin: Jo Renshaw: Nyasha Gardner:

31 Staff Immigration Team Further Information The welcome Service Website Practical information on setting up and settling down in Oxford for academics, graduate students and their families University Newcomer s Club Also open to spouses and partners Meet other Newcomers from over 100 countries

32 Staff Immigration Team Further Contact For non departmental or college issues Staff Immigration Team James Baker: Tim Currie: