Applying for a Visa

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

Content:

1 Introduction..............................................................................................................................2

2 The Immigration Framework....................................................................................................2

3 Recruitment Process.................................................................................................................3

4 Application................................................................................................................................3

5 Website Links............................................................................................................................3

6 Visa Application Process - Tier 2...............................................................................................4

7 Visa Application Process - Tier 5...............................................................................................5

8 Croatian nationals.....................................................................................................................6

9 Visiting Academics - visitor visa................................................................................................6

10 Permitted Paid Engagement visa..............................................................................................6

11 Further useful information.......................................................................................................6

Appendix A - EEA member countries.....................................................................................................8

Appendix B - Duties & Responsibilities..................................................................................................9

Trained Interviewer (TI) Duties............................................................................................................10

Line/Recruiting Manager Duties..........................................................................................................10

Human Resources (HR) Duties.............................................................................................................10

Appendix C – Recruitment Information for Tiers 2 and 5....................................................................11

April 2017 (Version 8)

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1 Introduction1.1. 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 advice only 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 Officer for specific and up to date advice.

1.3. Detailed advice and documentation is available on the Home Office Visas & Immigration website: https://www.gov.uk/government/organisations/uk-visas-and-immigration

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

2 The Immigration Framework2.1 The 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).

2.2 For non-EEA applicants seeking to work in the UK, the Home Office operates a Points Based System (PBS).

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 UK for 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. They cannot be used to fill job vacancies.

2.3 The 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.

2.4 In order to issue a CoS, the post must either be on the Shortage Occupation List or at RQF Level 6 or above. Non-EEA applicants can be considered for positions that have been advertised for less than 28 days unless they are currently living outside of the UK or a current Tier 2 visa holder in a different profession or at a different employer.

2.5 Visa 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:-

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Points based system Points required

Criteria Tier 2 Tier 5

Certificate of Sponsorship 30 30Minimum Salary 20 N/AEnglish Language skill 10 N/AMaintenance (funding) 10 10Total 70 40

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

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

3 Recruitment Process3.1 All 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.

3.2 Any 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.

3.3 Visa costs are reimbursed by HR, and healthcare surcharges are reimbursed by the recruiting Department, subject to the visa application being successful. Monies lost by the applicant as a result of a visa application refusal will not be reimbursed.

3.4 See Appendix C for visa recruitment information.

4 Application 4.1 For Tier 2 applications please see flowchart in section 6.4.2 For Tier 5 applications please see flowchart in section 7.

5 Website Links Check if you need a visa UK Visa website International Enquiry Service for visa applicants Tier 2 General visa information Tier 2 Policy Guidance - for those applying to come to the UK as a Tier 2 skilled worker

or to extend their stay, including documentation required Tier 5 General visa information Tier 5 Policy Guidance - for those applying to come to the UK as a Tier 5 (Temporary

Worker) under as a Sponsored Researcher, including documentation required Apply online Visa application centres Tuberculosis tests for visa applicants Fees Visa processing times Healthcare Surcharge General visa application process Tier 2 and 5 Sponsor Guidance

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6 Visa 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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University offers employment subject to successful application of a visaContact from designated HR Adviser/Officer to request personal information for the application of the CoS including passport details, country of birth, etc.Advise HR Adviser/Officer if you require a letter of maintenance

Offer

Prepare documentation for your visa application -Passport, previous passports and passport sized colour photo.Bank statements to show that you have £945 in your account for the 90 days prior to visa applicationResults of a Tuberculosis test if applicableA certified translation of supporting documents such as academic qualificationsObtain Overseas Criminal Record Certificate if applicable.

Prepare

University HR Adviser/Officer will contact you to confirm your CoS number for the visa applicationIf necessary, HR Adviser /Officer will send you the letter of maintenanceApply online no more than 3 months before the start date on the CoSOn the Permit Collection page, in the Alternative Location field, enter 2HE479 so that you can pick your permit up at the UniversityBefore submission, save a PDF copy and send to the HR Adviser to check the applicationOnce agreed, submit application and make appointment at the nearest visa application centrePay online. You will be reimbursed for the cost of your visa application (but not your dependents) and the healthcare surcharge (and your dependents)**

Apply

Allow enough time to get your visa. Check visa processing times for your country.Ensure that you prepare your documents in advanceThe lead time for an application is normally 3-6 weeksIt is useful for you to keep a log of all dates that you travel outside of the UK during the period of your visa for whatever reason in case you wish to extend.

Timeline

Advise HR Adviser/Officer of the outcomeSuccessful application - you will receive a travel vignette in your passport valid for 30 days to travel to the UK. Within 10 days of arrival, you must collect your Biometric Residence Permit (BRP). As soon as you have this, bring it and your passport to Human Resources to be copied and verified for your file.Unsuccessful - the University is unable to progress your application and the job offer is withdrawn. You will not be reimbursed for the visa fee or healthcare surcharge. You have the right to request an administrative review of UKVI's decision.

Outcome

N.B. You are responsible for ensuring that Human Resources is informed of any changes (including work location and absences over 28 days) in your circumstances during your employment that may affect your visa status, any UKVI correspondence, and provide continuing evidence of the right to work.

**Financial reimbursement of healthcare surcharges are subject to the visa application being successful.

7 Visa Application Process - Tier 5This 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 paid or funded at least National Minimum Wage whilst in the UK, and the post is supernumerary.

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Funded research opportunity.Contact from designated HR Adviser to request personal information for the application of the CoS including passport details, country of birth, etc.Advise HR Adviser if you require a letter of maintenance

Offer

Prepare documentation for your visa application -Passport, previous passports and passport sized colour photo.Bank statements to show that you have £945 in your account for the 90 days prior to visa applicationResults of a Tuberculosis test if applicableA certified translation of supporting documents such as birth certificate, academic qualifications

Prepare

University HR Adviser/Officer will contact you to confirm your CoS number for the visa applicationIf necessary, HR Adviser/Officer will send you the letter of maintenanceApply online no more than 3 months before the start date on the CoSIn the Alternative Location field, enter 2HE479 so that you can pick your biometric residency permit up at the UniversityBefore submission, save a PDF copy and send to the HR Adviser to check the applicationOnce agreed, submit application and make appointment at the nearest visa application centrePay online. You will be reimbursed for the cost of your visa application (but not your dependents) and the healthcare surcharge (and your dependents)**

Apply

Allow enough time to get your visa. Check visa processing times for your country.Ensure that you prepare your documents in advanceIt is useful for you to keep a log of all dates that you travel outside of the UK during the period of your visa for whatever reason in case you wish to extend.

Timeline

Advise HR Adviser/Officer of the outcomeSuccessful application - you will receive a travel vignette in your passport valid for 30 days to travel to the UK. Within 10 days of arrival, you must collect your Biometric Residence Permit (BRP). As soon as you have this, bring it and your passport to Human Resources to be copied and verified for your file.Unsuccessful - the University is unable to progress your application and the job offer is withdrawn. You will not be reimbursed for the visa fee or healthcare surcharge. You have the right to request an administrative review of UKVI's decision.

Outcome

N.B. You are responsible for ensuring that Human Resources is informed of any changes (including work location and absences over 28 days) in your circumstances during your employment that may affect your visa status, any UKVI correspondence, and provide continuing evidence of the right to work.

**Financial reimbursement of healthcare surcharges are subject to the visa application being successful.

8 Croatian nationals8.1 Croatian 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.

8.2 A purple registration certificate is required before employment 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.

8.3 A 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.

8.4 A 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.

9 Visiting Academics -visitor visa9.1 A 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.

9.2 During the visit, Academic Visitors cannot undertake any paid work nor have access to public funds. The Home Office describes work as paid or unpaid employment, contracting, work experience, internships, selling to public, providing goods & services.

9.3 Check 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 online for their visa and be able to provide documentation that they are able to financially support themselves during their stay.

10 Permitted Paid Engagement visa

10.1 A 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.

11 Further useful information

11.1 Tier 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.

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

11.3 Biometric 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 passport by applying for a BRP.

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

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

11.6 English 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.

11.7 Healthcare 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, which must be paid in full in advance to cover the period of your visa validity. This is reimbursed by the University for both the applicant and up to three dependents, subject to a successful visa application.

11.8 Resident Labour Market Test - the post must be advertised for at least 28 calendar days on the University website, Universal Jobmatch and jobs.ac.uk.

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Appendix A - EEA member countries

A person from EEA countries are called EEA nationals

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

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

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).

https://www.gov.uk/eu-eea

There has been no change to the rights and status of EU nationals in the UK, and UK nationals in the EU, as a result of the referendum in June 2016.

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:

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

2. Reporting specified events:-

HR must report the following to UKVI within 10 days :-o 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). o 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.

o 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). o 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 (i.e. building) they are employed at changes.o If a sponsored migrant’s employment is affected by TUPE or similar being triggered. For

example a merger or demerger. o Any information which suggests that a sponsored migrant or a migrant is breaching the

conditions of their leave. o 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. o 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. These changes cannot be backdated, and changes on the HR system must match those that are reported to UKVI.

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

3. Legal compliance with the rules and procedures governing CoS and the employment of migrant workers.

4. Cooperation with UKVI -to cooperate with any enquiry from UKVI including allowing access to University premises and supplying information on request.

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Trained Interviewer (TI) DutiesFor both short listing and selection, the TI must:-

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

b) Conduct Right to Work document checks at interview stage, and send copies to the HR Recruitment Team.

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, based on the Person Specification criteria.

d) Highlight any visa requirement for the preferred candidate when 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 Dutiesa) Liaise with HR regarding start date and maintain contact with the preferred candidate to

support relocation to Portsmouth. Start dates cannot be moved by more than 14 days once the CoS is assigned.

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

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

c) 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.

d) Manage the online recruitment system, maintain up to date records on personal files, update the online Sponsor Management System (SMS) as required, and monitor relevant processes including dates for renewals, expiry, etc.

e) Ensure compliance with duties under the sponsorship licence

f) Periodically make contact with sponsored migrants to ensure the relevant information UoP hold about them is still correct.

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Appendix C – Recruitment InformationTier 2 Recruitment Information

Terms & Conditions Maximum period of 6 years (either in 2 x 3 years or 1 x 5 years and 1 x 1 year from the original date

on the visa) then apply for indefinite leave to remain Must be paid the minimum salary under the SOC code Must be a genuine vacancy No recourse to public funds and must register with the police No either employment than working for the University of Portsmouth

Eligibility Applicant is a non UK/European Economic Area national and requires a visa to work in the UK The University post can be either fixed term or open-ended The post is on the Shortage Occupation List or skilled to RQF Level 6 or above. Non-EEA applicants can be considered for positions that have been advertised for less than 28 days

unless they are currently living outside of the UK or a current Tier 2 visa holder in a different profession or at a different employer.

The Resident Labour Market Test (RLMT) applies, in order to sponsor current Tier 2 visa holders and applicants living outside of the UK/EEA.

Depending on the Standard Occupational Classification (SOC) for the job a minimum salary applies.

Documentation required Maintenance funding for migrant worker to be able to support themselves during their stay in the

UKo Must have at least £945 of personal savings held for at least a consecutive 90 day period

ending no earlier than 31 days before the date of application. (Dependents must have at least £630 per person).

o Any agreement to certify maintenance must be signed by the Dean with the proviso that the University does not expect to have to pay any money for maintenance

Original degree certificate (NARIC certified and translated if necessary) Identification documents – passport, birth certificate, biometric information (translated where

necessary Certificate of Sponsorship (CoS) number and University of Portsmouth’s Sponsor Licence number.

Terms & Conditions Maximum period of 6 years (from the original date on the visa), but can apply for indefinite leave to

remain after 5 years as a Tier 2 visa holder. Must be paid the minimum salary under the appropriate SOC code Must be a genuine vacancy No recourse to public funds and usually required to register with the police No other employment than working for the University of Portsmouth

Points required under the UKVI points based system (PBS) 70 points required under the PBS to obtain entry clearance:

30 points for a valid Certificate of Sponsorship (University of Portsmouth) 20 points for appropriate salary (UoP may also certify maintenance in the first month) 10 points for English language skills (must pass either the English Language Test or degree

taught in English) 10 points for maintenance funding (£945 in bank account for 90 days prior to application)

N.B – Restricted CoS Applies only to Tier 2 from applicants living in a non-EEA country. The government places an annual

cap on Tier 2 visas and allocates these monthly. HR Adviser must apply for approval to apply for a restricted Tier 2 CoS by 5th of each month. UKVI will confirm outcome by 11th of each month. If successful, HR Adviser can apply for the CoS Exemptions:-

o Extension of visao Switching visa category, e.g. Tier 4 to Tier 2o Change of employment (either within the University or another job in the UK)

Tier 5 Recruitment Information

Eligibility Research – to undertake research programmes and fellowships on a scientific, academic or

government research project at an HEI, e.g. Sponsored Researchers, therefore the migrant must have a sponsor

Cannot fill a job vacancy (must be supernumerary) Must be above NQF level 6 Maximum period of 24 months Must be paid (by own HEI, funding sponsor or supernumerary position as a Sponsored Researcher)

at least the national minimum wage

Documentation required Maintenance funding for migrant worker to be able to support themselves during their stay in the

UKo Must have at least £945 of personal savings held for at least a consecutive 90 day period

ending no earlier than 31 days before the date of application. (Dependents must have at least £630 per person).

o Any agreement to certify maintenance must be signed by the Dean with the proviso that the University does not expect to have to pay any money for maintenance

Original degree certificate (professionally translated if necessary) Identification documents – passport, birth certificate, biometric information Copy of first month full payslip on file to prove receipt of salary claimed on CoS. Certificate of Sponsorship (CoS) number and University of Portsmouth’s Sponsor Licence number.

Terms & Conditions No recourse to public funds Must register with the police

Points required under the UKVI points based system (PBS) 40 points required under the PBS to obtain entry clearance:

o 30 points for a valid Certificate of Sponsorship (University of Portsmouth)o 10 points for maintenance funding (or sponsor to certify maintenance)

HR Adviser/Officer actions for both Tier 2 and 5 HRA/O to contact individual to ask them to complete a checklist for the application and

decide on the standard occupation classification (SOC) code from the JD or job content. Tier 5 - need details of the research project, funding source and place of work.

Letter to certify maintenance where necessary Tier 2 only - request permission for restricted visa by 5th of the month; response by 11th of

month HRA/O to complete online application and pay for CoS to get the CoS number. Note

amount on GPC spreadsheet. HRA/O to send CoS information to individual for them to apply for their visa online. Complete right to work checklist prior to starting employment