TIER 5 LEAVE TO REMAIN APPLICATION GUIDANCE FOR IN-COUNTRY APPLICANTS Overview The purpose of this document is to provide general guidance on the requirements for a Tier 5 (Government Authorised Exchange) leave to remain application made from within the UK. Leave to remain is the term used for a visa issued in the UK. Applicants are advised to refer to the UK Border Agency s more comprehensive guidance alongside this guidance document. The UK Border Agency s guidance can be found at http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier5/government-authorised-exchange/ Once you have been issued with your unique Certificate of Sponsorship number by the University of Oxford, you must apply for leave to remain in the UK within three months from the date that the University issued the Certificate of Sponsorship, or before your existing leave to remain expires, whichever is sooner. The Certificate of Sponsorship will automatically expire after three months if it has not been used to make a leave to remain application. The Certificate of Sponsorship will be emailed to you by the University s Work Permits Desk. APPLICATION FORMS Main Applicant You will need to complete the Tier 5 Temporary Worker form which can be downloaded at http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier5/government-authorised-exchange/ Once you have completed and signed the form, please send it (and any dependant applications being made at the same time) to your departmental administrator/personnel Officer at the University of Oxford, together with all the required original supporting documents. The departmental administrator /Personnel Officer will pass it on to the Work Permits Desk once they have checked and copied it for their records. The Work Permits Desk will check the form, complete the payment (please note that you will be required to submit your own payment details for any dependant applications) and representative sections, where required, and submit it to the UK Border Agency on your behalf. Please ensure that you have taken photocopies of your supporting documentation before sending the application to your departmental Personnel Officer. Dependants If you have dependants with you in the UK they will not require a Certificate of Sponsorship, but they will need to apply for an extension of their leave to remain in the UK. Dependant applications are usually submitted at the same time as the main applicant s application, although dependant applications can be submitted separately, as long as the application is 1
made before the dependant s existing visa expires. You will need to provide each dependant s details on the main application form. In addition, each dependant will also be required to complete the Application form for dependants of points based system migrants which can be found at http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier5/government-authorised-exchange/dependants/ Dependents are required to sign their own application forms, except children, in which case the main applicant can sign. Please ensure that you complete the payment details pages for any dependant applications. POINTS CRITERIA All Tier 5 applicants must meet the following points criteria. Requirement Points Valid Certificate of Sponsorship 30 Maintenance either (a) the equivalent of 900 of personal savings held for at least 10 three months prior to the date of the visa application, plus additional savings ( 600) for each accompanying dependant, or, (b) confirmation from the host department/college that it will if necessary maintain and accommodate the migrant to a minimum value of 900 during the first month of their visit. Departments/colleges cannot certify the maintenance of dependants of Tier 5 migrants. You can check your points total at http://www.ukba.homeoffice.gov.uk/pointscalculator SUPPORTING DOCUMENTS MAIN APPLICANT All applicants are required to submit the following original documents with their leave to remain applications: A valid passport All previous passports used to travel to, and remain in, the UK Current Biometric Residence Permit / visa Police Registration Certificate (if applicable) Any change of name documentation (if applicable) Official record of any criminal convictions (if applicable) 2
Two identical passport sized colour photographs, taken within the last month, with full name printed on the back. Please ensure you read the photograph guidance at http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/193059.pdf Applicants must also provide documentary evidence to show that they meet all of the Tier 5 points criteria. The only documents that are considered sufficient evidence of meeting the Tier 5 points criteria are as follows: Evidence of sponsorship: The Certificate of Sponsorship (containing a unique reference number) issued to you by email by the University of Oxford. Evidence of sufficient maintenance funds: Original personal bank/ building society statements covering at least the 90 day period immediately before making the application, showing your name, account number, date of the statement, financial institution s name and logo, transactions covering the past 90 days, and that the account balance has always been at least 900 during this period. **PLEASE NOTE** If online statements are submitted, these must be supported by a letter from the bank (on headed paper) confirming the authenticity of the statements, or the statements may be stamped and dated with the banks official stamp on each page. OR An original building society pass book covering at least the 90 day period immediately before making the application, clearly showing your name, account number, date of the statement, financial institution s name and logo, transactions covering the past 90 days, and that the account balance has always been at least 900 during this period. OR An original letter from your bank (on headed paper) confirming funds for at least the 90 day period immediately before making the application. The letter must show your name, account number, date, institution s name and logo and that the account balance has always been at least 900 during the past 90 days. **PLEASE NOTE** Applicants with dependants will need to show evidence that they have an extra 600 of funds for each dependant, and that these extra funds have been present in the account for at least the 90 day period immediately before making the application, or evidence that the dependants are able to support themselves by showing they have had at least 600 in their own account for at least the 90 day period immediately before making the application. OR Confirmation from the host department/college that it will if necessary maintain and 3
accommodate the migrant to a minimum value of 900 during the first month of their visit. This will be noted on your Certificate of Sponsorship. No additional documentation is required if your Certificate of Sponsorship confirms that your host department/ college has certified your maintenance. However, departments/colleges cannot certify the maintenance of dependants of Tier 5 migrants. SUPPORTING DOCUMENTS DEPENDANTS You will be required to provide the following documents for each dependant application: A valid passport All previous passports used to enter, and remain in the UK Current Biometric Residence Permit / visa Police Registration Certificate (if applicable) Marriage or Civil Partnership Certificate (for married partners) Birth Certificate (for children under the age of 18) Evidence of the relationship to the main applicant (for un-married partners) Official record of any criminal convictions (if applicable) Two identical passport sized colour photographs, with full name printed on the back. Please ensure you read the photograph guidance at http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/193059.pdf Evidence that the main applicant has an extra 600 of funds for each dependant, and that these extra funds have been present in the account for at least the 90 day period immediately before making the application, or evidence that the dependants are able to support themselves by showing they have had at least 600 in their own account for at least the 90 day period immediately before making the application. Dependant children over the age of 16 (but under the age of 18) must also provide two documents from the following list: Bank statements Credit card bills Driving licence NHS registration document Letter from the dependant s current school, college or university confirming the applicant s address. This must be on official headed paper and bearing the official stamp of the institution. 4
BIOMETRIC ENROLMENT PROCESS All migrant workers (and their dependants) applying for a grant of leave under Tier 5 will need to have their biometrics (fingerprints and photographs) taken before a decision is made on their application. If your application is successful, you will be issued with a Biometric Residence Permit (BRP), rather than a work visa or vignette in your passport. You will be invited by the UK Border Agency to give your biometric details approximately 2-3 weeks after your leave to remain application has been sent. Single applicants should be invited to give their biometric details at Oxford s St Aldates Post Office for a fee of approximately 20. This service is not currently available to applicants with dependents. Applicants who are eligible to give their biometric details at Oxford s St Aldates Post Office will receive a letter from the UK Border Agency inviting them to use the service. There is no need to book an appointment as it is a walk-in service. Please note that applicants using the biometric enrolment service at Oxford s St Aldates Post Office must ensure that they take the following information with them: the original letter from the UK Border Agency inviting the migrant to use the biometric enrolment facilities at Oxford's St Aldates Post Office (which includes the applicant's full name, date of birth and case reference number); sufficient payment for the service (this can be paid by cash or debit card only). Migrants not receiving a letter inviting them to enroll their biometric details at Oxford s St Aldates Post Office will receive a letter asking them to make an appointment at one of the UK Border Agency s Biometric Enrolment Centres (our nearest being London and Birmingham). OUTLINE OF TIER 2 APPLICATION PROCESS The application process for in-country Tier 5 migrants who are required to give their biometric details is as follows: 1. The migrant is issued with a Tier 5 Certificate of Sponsorship by the University of Oxford s Work Permits Desk; 2. The migrant submits a Tier 5 grant of leave application form and any accompanying dependant applications to their departmental administrator who passes the application to the Work Permits Desk; 3. The Work Permits Desk checks the grant of leave application and sends it to the UK Border Agency for consideration; 5
4. The migrant (and any accompanying dependants) will then be identified by the UK Border Agency as being required to give their biometric details; 5. The UK Border Agency will send the migrant a biometric notification letter instructing them to either give their biometric details at Oxford s St Aldates Post Office, or to make an appointment to have their biometrics taken at one of the UK Border Agency s Biometric Enrolment Centres; 6. The migrant and their dependants give their biometric details as required. The migrant will not receive a decision on their application at the time they give their biometric details; 7. The UK Border Agency will receive the migrant s biometric details and will continue to consider their application; 8. The migrant s passport and supporting documents will be returned to the Work Permits Desk with a decision letter (the BRP will not be returned at the same time as the decision letter); 9. The BRP will be sent by the UK Border Agency to the Work Permits Desk; 10. The Work Permits Desk will then return the BRP, passport, supporting documents and decision letter to the department/ college. URGENT APPLICATIONS Postal applications can take anything up to 14 weeks to be processed by the UK Border Agency, although we usually find that applications are returned within 6-8 weeks. Therefore, migrants and their dependants are strongly advised not to make any travel plans until their applications have been approved by the UK Border Agency. If you have urgent travel plans, you (and your dependants, if applicable) may wish to make an appointment to apply for your leave to remain in-person at one of the UK Border Agency s Public Enquiry Offices. Further information can be found at http://www.ukba.homeoffice.gov.uk/aboutus/contact/applyinginperson/peos/ Our nearest Public Enquiry Offices are in Birmingham and Croydon. You can book an appointment online by registering your details at http://www.ukba.homeoffice.gov.uk/aboutus/contact/applyinginperson/book-appointment/ If you apply in-person, you should receive a decision on your application the same day. However, your Biometric Residence Permit (visa) will not be available immediately, and will be sent to you within ten working days of the date of your appointment. Please notify the Work Permits Desk of your intention to apply for your leave to remain inperson. The Work Permits Desk will be happy to check your application before your appointment, if possible. 6
PAYMENT FOR APPLICATIONS If you are making a postal application via the University s Work Permits Desk, please leave the payment page blank. The Work Permits Desk will pay for your application and cross-charge it to your department unless you are a college applicant, in which case, you/ your college will need to complete payment details or provide a cheque with the application. However, if you have dependants, please complete the payment details section of each dependant application form. If you are applying in-person at one of the UK Border Agency s Public Enquiry Offices, you will need to complete the payment section with your own payment details. IMPORTANT POINTS TO NOTE 1. The Work Permits Desk cannot guarantee the successful outcome of any leave to remain application since this decision is made by UK Border Agency and not by the University. 2. Where possible, please ensure that your department submits your application to the Work Permits Desk no later than 8 weeks before your visa expires to allow sufficient time for the application to be checked by the Work Permits Desk and any issues resolved, if necessary. 3. The Work Permits Desk cannot guarantee to be able to check leave to remain applications received later than three working days before your visa is due to expire. In such circumstances, the Work Permits Desk will, where possible, submit the application to the UK Border Agency as it is received. 4. Applications are likely to be automatically rejected by the UK Border Agency if they are submitted with missing or incorrect documents. 5. Please ensure that you have completed the latest version of the application form. 6. All documents provided must be original and not copies. 7. Any documents not in English must be accompanied by a fully certified translation. Translations must be carried out by a professional translator, and must include details of the translator s credentials, confirmation that it is a true and entire translation and show the date and signature of the translator. 8. Bank statements must be dated no more than one month prior to the date of application. 7
Should you have any queries regarding the requirements for Leave to Remain applications, please do not hesitate to contact us. Regards, Work Permits Desk Tel: (2)89919 / (2)89904 / (2)89912 Email: victoria.beal@admin.ox.ac.uk / natalie.goldsmith@admin.ox.ac.uk 8