Human Resources Division

Immigration

This section provides guidance on how to select and appoint candidates from non-EEA countries who will be subject to immigration control and the points based system. Following this guidance will help non-EEA employees or visitors to the University gain entry clearance to the UK from the UKBA (final decision rests with UKBA) on arrival and have the legal right to work or remain in the UK.

It includes:

• How to apply for certificate of sponsorship.
• On-going responsibilities of institutions during employment of migrants.
• Extensions and leave to remain in the UK.

The potential for not following the guidance includes:

• Employing an individual illegally.
• Recruitment processes being delayed.
• Financial penalties and loss of licence as a sponsor being enforced by the UKBA for non-compliance.

The appointment of non-EEA candidates can be complex and if in doubt please contact the Compliance Team for further assistance before proceeding.

The escalation process sets out when an immigration issue must be referred to the Compliance Team, Immigration Manager or Senior Officers in HR or the UAS. It is important that all staff involved in immigration matters are familiar with this process so that the University can ensure compliance with UK Border Agency requirements and provide adequate support to departments and new employees.

• Escalation process

An escalation must be initiated when there is a risk of:

• Damage to University's ability to achieve its strategic aims.
• Reputational damage to the University.
• Breaking immigration law.
• Significant and immediate distress to individuals.

• Academic visitors
  Entering the UK as an Academic visitor.

• Business visitors
  Entering the UK as a Business visitor.

• Certificates of Sponsorship
  Coming to work in the UK. Eligibility and how to apply for a restricted or unrestricted Certificate of Sponsorship (CoS).

• Certificates of Sponsorship points table
  Points required by migrants with a certificate of sponsorship seeking entry clearance.

• Dependants
  Husband, wife, civil partner, unmarried/same-sex partner, or child of a migrant worker with limited leave to remain in UK, and their right to enter and work in the UK.

• Examiners
  Guidance on using external examiners.

• Extensions
  Guidance on extending an existing Certificate of Sponsorship (CoS) or work permit.

• Indefinite leave to remain
  Eligibility and how to apply for permission to settle permanently in the UK (indefinite leave to remain).

• Points-Based System
  Guidance on the system in place for managing applications by people who wish to come to the UK to work, train or study.

• Resident Labour Market Test and Advertising
  Guidance on the requirement of a resident labour market test where a vacancy has been advertised and offered to a migrant worker.

• Restricted Certificate of Sponsorship
  Applying for a restricted Certificate of Sponsorship (CoS) under Tier 2 including timelines and step-by-step instructions.

• Selecting non-EEA candidates
  Requirements for employing a non-EEA national.

• SOC Codes
  Matching your vacancy to the most appropriate Standard Occupational Classification (SOC) code and the most commonly used SOC codes by the University.

• Tier 1: Exceptional Talent
  How to enter the UK under the Tier 1 (Exceptional Talent) route. For people who are recognised or have the potential to be recognised as leaders in the fields of science, arts and humanities.

• Tier 5: Temporary Workers
  Guidance for migrants coming to the UK through an approved scheme that aims to share knowledge, experience and best practice and will not harm the resident labour market. This is most commonly used for sponsored researchers and in certain circumstances academic visitors.

• Throughout employment
  Departmental responsibilities throughout the employment of a migrant worker: reporting absence, changes in circumstances, termination of employment, breaches of conditions of leave.

• Unrestricted Certificate of Sponsorship
  Eligibility for applying for an unrestricted Certificate of Sponsorship under Tier 2: extensions, changes to employment.