As an employer, the University has a legal responsibility to prevent illegal migrant working in the UK. The Asylum and Nationality Act 2006 stipulates the civil penalties that employers are liable to pay for committing the offence of employing an illegal migrant worker: up to £10,000 per illegal worker; if an illegal worker is knowingly employed, the offence will carry the potential of an unlimited fine and/ or prison sentence of up to two years. The Act includes the recommendation that employers conduct basic document checks on every person they intend to employ to ensure that they only employ people who are legally entitled to work in the UK; and to establish a legal ‘excuse’ against liability for payment of a civil penalty if an illegal worker is erroneously employed. The Act also covers employer responsibilities for tracking and monitoring the immigration status of migrant workers once employed, and reporting unauthorised absence.
The 2006 Act introduced a unified Points Based System (PBS) to replace the previous work permit and other immigrant worker schemes. The PBS is the mechanism for the University to employ overseas nationals requiring permission to work in the UK.
The resident population of the United Kingdom contains a wide range of ethnic groups and there are also many people from outside the UK who are entitled to work here. It is therefore important to remember that the checks on entitlement to work in the UK need to be carried out for every person that the University intends to employ, regardless of their race, ethnicity or nationality, to avoid any potential discrimination. The UK Border Agency (UKBA) has a Code of Practice on complying with the law without discriminating.
Please contact your Faculty/ Divisional HR Team if you have any queries regarding employing overseas nationals and the immigration system. A comprehensive list of FAQ's for overseas nationals on working in the UK is also available.
The UKBA have comprehensive Guidance for Sponsors, which cover all aspects of employing overseas nationals requiring permission to work in the UK through the Points Based System. The UKBA Employers Helpline (0845 010 6677) also provides information on all aspects of the immigration system and entitlement to work in the UK.
The Faculty/ Divisional HR Team co-ordinate the employment of overseas nationals requiring permission to work in the UK in line with the Overseas National Requiring Permission to Work in the UK Admin Guide.
The following groups are considered to be 'settled workers', are not subject to immigration control and therefore have no restrictions on working in the UK:
Asylum seekers whose applications are successful and are granted Indefinite Leave To Remain (ILTR) are entitled to work in the UK without any restrictions. Asylum seekers are not normally allowed to work in the UK whilst their asylum application is being considered, except in very limited circumstances.
Overseas students studying at UK institutions are entitled to work in the UK, with certain restrictions.
* Note - British Overseas citizens, British Overseas Territories citizens, British Nationals (Overseas), British Protected Persons and British Subjects are all forms of British nationality which require permission to live and work in the UK. There may be an entitlement to register as British citizens in certain circumstances.
If offered employment by the University, individual's in all of the above groups will be required to produce satisfactory documentary proof of entitlement to work in the UK in the job they have been appointed to.
The majority of 'migrant workers' (ie overseas nationals requiring permission to work in the UK) are covered by the Points Based System (PBS), managed by the UK Border Agency (UKBA), which is made up of 5 Tiers:
Individuals have to accumulate points for factors such as qualifications, prospective earnings and English language competence in order to obtain entry clearance and leave to remain in the UK. With the exception of Tier 1, the individual is also required to have a Certificate of Sponsorship (CoS) from a sponsor employer or educational provider licensed by the UKBA. Sponsors apply on line for CoS’s (which are virtual documents), using the UKBA Sponsor Management System (SMS).
The University is a licensed sponsor for Tier 2, Tier 4 and Tier 5. Tier 4, which covers overseas nationals wishing to study in the UK, is managed by a sponsorship licence administered by the University's International Office.
In order to obtain prior entry clearance before entering the UK, the individual will have to qualify through one of the above Tiers and be issued with a visa for Limited Leave to Remain (LLTR) and a biometric identity card.
In some cases an individual who is already legally in the UK can potentially ‘switch’ from one immigration category to another. When the individual does this, he/she must meet the initial entry requirements for the new category.
Spouses, unmarried partners and dependant children under the age of 18 of people who qualify under the PBS are also entitled to apply for a LLTR visa.
The Tier 1 route is designated for exceptionally talented and highly skilled workers, investors and entrepreneurs from outside the EEA wanting to work in the UK. It includes an Exceptional Talent route for those who are internationally recognised as world leaders or potential world-leading talent in the fields of engineering, science and the arts, currently limited to a national annual allocation of 1000. Individuals do not require a job offer or Certificate of Sponsorship from a prospective employer but do require a formal endorsement from the recognised competent body for their field.
The UKBA points calculator self assessment facility can be used to check whether an individual would be likely to obtain sufficient points to be eligible under Tier 1.
If an individual is granted a visa under Tier 1 by the UKBA, formal confirmation of this will need to be requested before offering employment.
Tier 2 forms the main route through which the University employs staff from outside the EEA who require a visa to work in the UK or an extension to their existing visa. In order to obtain a visa points are awarded for English language competence, maintenance (funds) and a job offer at a minimum skill (graduate) and salary level through a CoS obtained by the employer. The University would only normally be able to obtain a CoS for Research and Teaching roles, or those that require specified specialist skills and qualifications.
There are two types of CoS:
Restricted CoS for new migrant workers from outside the UK, subject to a national annual limit/ cap, divided into a monthly allocation. Restricted CoS are issued on a once a month basis, prioritised using a ranking system where demand exceeds the monthly allocation.
Unrestricted CoS for extensions to existing visas, switches from other visa types and changes in role or employer for individuals already in the UK are not subject to the national limit and can be obtained at any time (intra-company transfers of staff from outside the EEA will also be exempt).
Tier 2 CoS are obtained by Human Resources using the UKBA’s on-line Sponsor Management System (SMS).
In order to obtain a CoS a number of basic requirements relating to the occupational type, skill and salary level of the job must be met in line with the UKBA Tier 2 Codes of Practice for Skilled Workers. In most cases, evidence of how the job was advertised will also need to be provided in order to meet a Resident Labour Market Test (RLMT).
Background information on the individual’s qualifications, employment record etc will also need to be provided by the recruiting School/ Division; this will include copies of the individual’s qualification certificates relating to the job in question.
The individual will need to quote the CoS number as part of the application process for seeking leave to enter or remain in the UK (a visa) from the UKBA, in order to establish whether they have achieved sufficient points to qualify under Tier 2. As part of this process the UKBA will refer to the information the University has provided when obtaining the CoS.
The UKBA points calculator self assessment facility can be used to check whether an individual would be likely to obtain sufficient points to be eligible under Tier 2.
Individual's will initially be given a maximum of a three year visa for working and living in the UK, which will have to be extended if they are to stay for longer. After five years they will be entitled to apply to live in the UK permanently. If their contract is for less than three years then the visa will be linked to the length of contract.
An individual who is employed under Tier 2 can apply for an extension of his/her permission to stay (this is known as further leave to remain) to continue working in the same role. In such cases, as with initial entry, a CoS needs to be applied for using the SMS before the individual makes an application for an extension of stay. A further RLMT will not be required as part of the CoS application.
If the individual requires an extension of his/ her permission to stay in order to carry out a different job at the University, a full application for a CoS, including meeting the RLMT, must be made.
Evidence of advertising will need to be provided when obtaining the CoS in order to demonstrate that the RLMT has been met, except for jobs on the UKBA’s shortage occupation list and a limited number of other circumstances. The test is there to protect the settled workforce (ie someone from within the EEA or otherwise already entitled to work in the UK) and means that jobs must advertised in a way that gives settled workers a fair chance to apply.
If an individual is a named researcher on a research grant, and the vacancy has therefore not been advertised, details of the grant paper naming the individual may need to be provided when the CoS application is made.
The University complies with the requirements of the RLMT for advertising vacancies in the following ways:
To comply with the selection requirements of the RLMT the following must apply:
Tier 5 - temporary workers (government authorised exchange) is the authorised route for overseas nationals requiring permission to work in the UK coming to work temporarily at a UK HE institution as a sponsored researcher; either still being paid or funded by their home organisation or the UK host. Tier 5 also includes a number of other specific categories of temporary worker, including the youth mobility category for young people from certain countries to come and experience life and work in the UK.
A Tier 5 Certificate of Sponsorship (CoS) will need to be obtained by Human Resources using the UKBA's on-line Sponsor Management System (SMS). Schools who wish to host a sponsored researcher must therefore contact their Faculty HR Team at the earliest opportunity to ensure that the CoS can be obtained and the individual can then apply for their visa.
Background information on the individual will need to be provided by the recruiting School, together with a copy of the evidence of the sponsorship arrangement under which the individual is coming to the University and confirmation of maintenance funds (which may consist of combined funding, eg from a sponsoring body plus a salary from the overseas institution).
The individual will need to quote the CoS number as part of the application process for seeking leave to enter or remain in the UK (a visa) from the UKBA, to help establish whether they have achieved sufficient points to qualify under Tier 5. As part of this process the UKBA will refer to the information the University has provided when obtaining the CoS.
The UKBA points calculator self assessment facility can be used to check whether an individual would be likely to obtain sufficient points to be eligible under Tier 5.
Migrants sponsored researchers will initially be given a visa for a maximum period of 24 months, or the time given in the CoS plus one month, whichever is shorter; and are not permitted to switch into other employment once in the UK.
The School in which the sponsored researcher will be working are responsible for checking entitlement to work in the UK on the individuals arrival and also for undertaking the migrant tracking and monitoring responsibilities; for sponsored researchers who's stay at the University is for over a year, this will include the requirement for the department to carry out an annual check to ensure the individual is still entitled to work in the UK.
The School will also need to contact their Faculty Office as academic status may need to be granted and to set up an honorary staff record for the sponsored researcher, which will include details of their immigration status. The honorary staff status end date must be no later than the end date of the individual' visa; a separate honorary staff record must be set up for any new work undertaken when the individual has returned to their home country after the visa has expired.
If an overseas national requiring permission to work in the UK is visiting the University to take part in more short-term academic activity (eg to give a lecture, as an external examiner or participate in a selection panel) then the Visitor Undertaking a Permitted Paid Engagement or (for unpaid work) Business Visitor routes apply.
The formal offer of employment will confirm that the offer is subject to providing satisfactory documentary proof of entitlement to work in the UK in the job they have been appointed to, in line with the Immigration, Asylum and Nationality Act 2006.
All new starters are required to present original documentation confirming their entitlement to work in the UK in line with the prescribed documents in List A or List B of the UKBA Guide for Employers on Preventing Illegal Working in the UK
In most cases, new starters will present the required documentation in person to Human Resources prior to commencing employment or, if this is not possible, at the earliest opportunity when they commence. The exceptions to this are new starters in departments remote from the main university campus, those on short-term/ casual or part-time teaching contracts and sponsored researchers, for whom the document checks are carried out locally.
For clinical (GMC), dentistry (GDC) and nursing (NMC) appointments, professional registration details will also be checked using the relevant on line register.
The Immigration, Asylum and Nationality Act 2006 charges employers with a number of responsibilities responsibilities relating to the tracking and monitoring of migrant workers. This includes a number of reporting requirements relating to migrant workers employment; it is therefore vital that the following circumstances are reported to Human Resources immediately so that the UK Border Agency can be informed:
The following circumstances will also be reported to the UKBA by Human Resources:
In line with the requirements of the 2006 Act, Human Resources will also carry out an annual check to ensure staff with LLTR are still entitled to work in the UK and to check their current home address and contact details.
If an employee has a change in their contact details, they are able to update their details through the StaffInfo link in the My Bristol portal or report the change to Human Resources. Human Resources will contact all staff on a periodic basis to check their StaffInfo record and update where required.