Guidance for Non-EEA Applicants Working at and Visiting the University of Portsmouth

Applying for a Visa

Guidance for non-EEA applicants working at and visiting the University of Portsmouth

Content:

1Introduction

2The Immigration Framework

3Recruitment Process

4Application

5Website Links

6Visa Application Process - Tier 2

7Visa Application Process - Tier 5

8Croatian nationals

9Visiting Academics - visitor visa

10Permitted Paid Engagement visa

11Further useful information

Appendix A - EEA member countries

Appendix B - Duties & Responsibilities

Trained Interviewer (TI) Duties

Line/Recruiting Manager Duties

Human Resources (HR) Duties

Appendix C – Recruitment Information

May 2016 (Version 7)

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1Introduction

1.1.This document provides guidance regarding the employment of individuals who are NOT a national of either the UK or a European Economic Area (EEA) country. (Please see Appendix A for list of current EEA countries).

1.2.These guidelines are for adviceonly because immigration is subject to frequent change. Where possible, internet links are provided to the relevant websites for information. Please contact your HR Adviser / HR Officerfor specific and up to date advice.

1.3.Detailed advice and documentation is available on the Home Office Visas & Immigration website:

1.4.This guidance specifically covers migrant workers under

Tier 2 (General)
Tier 5(Government Authorised Exchange)
Croatian nationals.
Academic (Business) Visitors
Permitted Paid Engagements

2The ImmigrationFramework

2.1The Immigration Framework is determined by the legislation as set out in the Immigration Act 2016 which is administered by the UK Visas & Immigration Service (UKVI).

2.2Fornon-EEA applicants seeking to work in the UK, theHome Officeoperates a Points Based System (PBS).

The framework is tiered from1 – 5,and is based on the candidate’s value to the UK labour market as well as the Government’s limits on the numbers of immigrants it will approve to enter the UK every year.

Tier / Description
1 – Exceptional Talent / For those who are internationally recognised as world leaders or potential world-leading talent in the fields of science and the arts
2 - General / For those with skills and experience required by the UK economy.
3 / Not in use
4- International Students / For adult students who want to come to or remain in the UKfor their post-16 education.
5 – Government Authorised Exchange / For those coming to the UK through approved schemes that aim to share knowledge, experience and best practice.
This category cannot be used to fill job vacancies.

2.3The University of Portsmouth is licensed to issue Certificates of Sponsorship (CoS) for Tiers 2 and 5 and must meet prescribed conditions to justify the appointment of non-EEA employees. A Certificate of Sponsorship is not a document, it is a database number.

2.4Visa applicants require a certain number of points to be eligible to apply for a visa(although a ‘points bar’ may be adjusted from time to time by the Government to reflect labour market changes). See below:-

Points based system / Points required
Criteria / Tier 2 / Tier 5
2.5 / 2.6 / 2.7
Certificate of Sponsorship / 30 / 30
Minimum Salary / 20 / N/A
English Language skill / 10 / N/A
Maintenance (funding) / 10 / 10
Total / 70 / 40

2.8Business visitors and Permitted Paid Engagements are not points based.

2.9The sponsor duties and responsibilities are shown at Appendix B.

3Recruitment Process

3.1All applicants are required to complete the immigration status questions on the online recruitment system regarding permission to work in the UK. Non-EEA applicants must comply with the entry and visa requirements of the UKVI.

3.2Any offer of employment to a non-EEA applicant is made subject to their being able to successfully apply for a visa. Immigration status is shown either in the passport or Biometric Residence Permit card.

3.3See Appendix C for visa recruitment information.

4Application

4.1For Tier 2 applications please see flowchart in section 6.

4.2For Tier 5 applications please see flowchart in section 7.

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6Visa Application Process - Tier 2

This category is for skilled applicants to fill a vacant post following the resident labour market test.

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7Visa Application Process - Tier 5

This category is for temporary workers coming to the UK through approved schemes that aim to share knowledge, experience and best practice.The applicant must be an academic and the post is supernumerary.

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8Croatian nationals

8.1Croatian nationals do not need a visa to enter and reside legally in the UK for up to 3 months. However, Croatian nationals do not yet have free right to work in the UK and still need to obtain authorisation to work before starting any employment, unless they are exempt. Full guidance including application forms and exemptions are on the UKVI website.

8.2Apurple registration certificate is required beforeemployment can commence at the University. Work is permitted at NQF level 4 and above. The applicant will need a CoS (Tier 2 or Tier 5) and an offer of employment to apply for their purple registration certificate and provide their certificate to HR for their personal file.

8.3A blue registration certificate is required for Croatian nationals who hold a degree or HND from a UK educational institution. The applicant does not require a CoS from the University and applies directly to UKVI.

8.4A yellow registration certificate is required for Croatian nationals who are studying in the UK and wish to engage in part-time and vacation work, or a work placement.

9Visiting Academics -visitor visa

9.1A type of Standard Visitor visa specifically for invited academics on sabbatical leave from their home institution or doing research. It is unpaid and Academic Visitors may stay in the UK for up to 12 months.

9.2During the visit, Academic Visitors cannot undertake any paid work nor have access to public funds.

9.3Check online for the visa requirement and refer to the HR webpages for further information. Applicants coming to the UK for more than 6 months must apply onlinefor their visa and be able to provide documentation that they are able to financially support themselves during their stay.

10Permitted Paid Engagement visa

10.1A Permitted Paid Engagement visa allows invited academics to come to the UK to undertake specific paid work without the need for sponsorship and is valid for up to one month. It would be appropriate for examiners, assessors or lecturers undertaking a one off or short series of lectures.

10.2.Check online for the visa requirement and refer to the HR webpages for further information.

10.3.Applicants apply online and must be able to provide documentation and proof that they are able to financially support themselves during their stay.

11Further useful information

11.1Tier 1 Exceptional Talent visa – for applicants endorsed as an internationally recognised leader or emerging leader in the fields of science, humanities, engineering, medicine, digital technology or the arts. This type of visa is not sponsored.

11.2Applying for indefinite leave to remain – also known as settlement. The link provides information on eligibility and application. The University does not pay the fee.

11.3Biometric Residence Permits(BRP)–information on BRP and how to replace a lost permit. If your visa is time limited and the end date of your passport containing the visa expires, you will need to transfer your visa into your new passportby applying for a BRP.

11.4Registered Travel Service- for fast track entry to the UK.

11.5Change in circumstances – you are obliged to advise Human Resources of any change in circumstances that may affect your visa statuswithin 10 days of the change. You must advise the UKVI via the link if you change your address or any other personal details.

11.6English Language Test–Visa applicants may need to pass an English Language Test managed by an approved government provider. The link lists the approved providers and test centres in both the UK and the rest of the world.

11.7Healthcare Surcharge – to access the National Health Service, all visa holders entering the UK for more than 6 months will have to pay the healthcare surcharge. This is £200 per person per annum and is levied when you apply for your visa. This is reimbursed by the University for both the applicant and up to three dependents.

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Appendix A - EEA member countries

A person from EEA countries are called EEA nationals

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Austria
Belgium
Bulgaria
Croatia*
Cyprus
The Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
The Republic of Ireland
Italy
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
The Netherlands
Norway
Poland
Portugal
Romania
Slovakia
Slovenia
Spain
Sweden
Swiss nationals
United Kingdom

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Although Iceland, Liechtenstein and Norway are not members of the European Union (EU), theircitizens havethe same rights as EU citizens to enter, live in and work in theUK.

Switzerland is neither an EU nor EEA member but is part of the single market - this means Swiss nationals have the same rights to live and work in the UK as other EEA nationals.

*Croatian nationals still require worker authorisation (see section 8).

Appendix B - Duties & Responsibilities

The University is an A-rated sponsor and is permitted to employ migrant workers in accordance with the licence duties. The UKVI undertakes regular audits to ensure compliance.

The University is also licensed to sponsor international students coming to the UK to study (Tier 4).

The duties of the licence are:

Record keeping -the retention of hard copies of passport and Biometric Residence Permit,and to keep up to date contact and address information for each sponsored migrant.
Reporting specified events:-

HR must report the following within 10 days :-

If a sponsored migrant does not turn up for their first day of work and include any reason given for their non-attendance (for example a missed flight).
If a sponsored migrant’s contract of employment is terminated earlier than shown on their certificate of sponsorship (CoS), for example if the migrant resigns or is dismissed. Include the name and address of any new employer that the migrant has moved to, if known.
If the University stops sponsoring a migrant for any other reason. For example if;
they have moved into an immigration route that does not need a sponsor
they take a period of unpaid leave, which is not covered by the exceptions in reduction in salary (long term sickness absence, maternity leave, adoption leave).
If there are any significant changes in the sponsored migrant’s circumstances, for example:
a promotion or change in job title, or core duties, other than those which need a change of employment application.
a change of salary from the level stated on the CoS, other than changes due to annual increments or bonuses;
a change of salary from that stated on the CoS due to maternity, paternity shared parental or adoption leave, or a period of long-term sick leave lasting one month or longer;
the location they are employed at changes.
If a sponsored migrant’s employment is affected by TUPE or similar being triggered. For example a merger or demerger.
Any information which suggests that a sponsored migrant or a migrant is breaching the conditions of their leave.
If a sponsored migrant is absent from work for more than 10 consecutive working days without permission, must be reported within 10 working days of the 10th day of absence.
If there are any significant changes in University circumstances, for example, selling part of the business, cease trading, go into administration, or substantially change the nature of our business, must be reported within 20 working days.

N.B. For the first three bullet points in this list, HR must include the last recorded residential address, contact telephone number and any personal email address.

Legal compliance with the rules and procedures governing CoS and the employment of migrant workers.
Cooperation with UKVI -to cooperate with any enquiry from UKVI including allowing access to University premises and supplying information on request.

Trained Interviewer (TI) Duties

For both short listing and selection, the TI must:-

a)Confirm eligibility to be shortlisted with the HR Service Centre.

b)Check for any previous periods of employment in the UK to determine the total period of sponsorship available.

c)Complete the online recruitment system appropriately with relevant notes and feedback on each candidate. The TI must be able to provide an audit trail on the reason for the decision to appoint the candidate.

d)Highlight any visa requirement for the preferred candidatewhen returning the recruitment information to the HR Service Centre. Any job offer is subject to the applicant being able to work and live in the UK.

Line/Recruiting Manager Duties

a)Liaise with the TI regarding start date and maintain contact with the preferred candidate to support relocation to Portsmouth.

b)Ensure that HR is informed of any planned or actual changes to the employee’s work circumstances as they may affect their visa during the period of sponsored employment, including changes to job content, grade, pay or employment duration or unexplained absence because such changes must be reported to UKVI within 10 working days of any change.

c)Similarly ensure resignation letters are submitted to HR no later than 10 working days after receipt. The letter should clearly indicate that the employee is a visa holder and provide their new contact and/or employer details.

Human Resources (HR) Duties

HR can advise on the appropriate visa for the role and has delegated responsibility to apply for a CoS for new and existing employees. HR will:-

a)Contact the applicant to advise them of their responsibilities in obtaining a visa and signpost the visa applicant to UKVI information on their website.

b)Obtain the required information from the applicant in order to raise a CoS. Pay for the CoS and provide the certificate number to the applicant for their visa application form.

c)Manage the online recruitment system, maintain up to date records on personal files, and monitoring relevant processes including dates for renewals, expiry, etc.

d)Ensure compliance with duties under the sponsorship licence

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Appendix C – Recruitment Information

Tier 2 Recruitment Information

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Tier 5 Recruitment Information

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