For additional guidance and information
The University is a registered UKVI licence holder and, as such, is responsible for preventing illegal migrants working at the University.
For full details please read the
Policy on Employment of Overseas Nationals.
The UK is still a member of the EU for now. This means that the EU citizens continue to enjoy the benefits of freedom of movement including the right to work in another member state. We appreciate that staff may have a number of questions about how Brexit might affect them, and their families in the longer term. Human Resources have developed an initial set of FAQ’s to help inform our staff on how Brexit may affect them. This is an opportunity for us to understand the numerous issues facing EU national staff and we will continue to develop the FAQ’s as more information becomes available.
In addition Human Resources staff will hold a series of web chats where concerned individuals will have the opportunity to ask any specific queries relating to their own circumstances. The first of these sessions will take place on the 3rd and 10th of February and full access details will be circulated in due course. Please also be aware that you can make contact with your HR Partner at any time.
We will endeavour to provide you with support to your questions where possible or seek further clarity from our own support networks as is deemed necessary.
On 29 February 2008, the Government introduced legislation which means that the University as an employer needs to keep records of pre-employment checks on employees' eligibility to work in the UK. To satisfy this requirement we ask prospective employees to provide us with documents from one of the two following lists.
You Must Provide Either
If you choose to provide us with the following documents, we are required to contact you on an annual basis to obtain a further copy.
|Documents which are NOT acceptable|
Under the UKVI immigration regulations, we are unable to accept the following documents as evidence of your right to work in the UK:
Information about the different types of Visas and sponsorship requirements.
This tier has replaced the Highly Skilled Migrant visa and is designed to allow highly skilled people to come to the United Kingdom to look for work or self-employment opportunities. This application process is undertaken by the employee themselves as it is not linked to one employer and the individual can work for any employer throughout the duration of the visa without the need to apply for an additional visa. Applicants are awarded points based on their qualifications, previous earnings, experience, age, English language skills and available maintenance funds.
Please note that this route is now closed for new entrants to the United Kingdom.
Tier 2 was introduced on 27 November 2008 and replaces the previous Work Permit scheme for workers coming to the UK with a job offer. To make an application under this category an individual must have a sponsor (the employer) and a valid certificate of sponsorship granted by the employer. As under the previous work permit scheme, there is a 2 stage process replacing the work permit and leave to remain with the Certificate of Sponsorship and Tier 2 visa.
|Certificate of Sponsorship|
The University has been granted a Licence to act as a Tier 2 Sponsor and therefore is permitted to sponsor recruited employees with a Certificate of Sponsorship to undertake work in the UK.
The Certificate of Sponsorship replaces the work permit and as we apply for it online it is issued immediately compared to the 2-3 weeks previously required to be granted a work permit. It is not a paper document but simply a unique reference number which the employee then uses to make their application for a visa or entry clearance.
As a Sponsor we have had to stipulate how many Certificates we are likely to issue per year and therefore to ensure that none are wasted we must be comfortable that an individual meets the points criteria before we grant a certificate.
When applying for the Tier 2 visa points are awarded based on qualifications; future expected earnings; sponsorship; English language skills and available maintenance funds. Before an application will be considered you must have a minimum of 70 points, the allocation of points is detailed on the UKVI Points Calculator.
The Points Based Immigration System came into effect on 27 November 2008 and at this time a number of audit requirements were introduced to ensure that Sponsors comply with the immigration processes.
The University is therefore required to:
The information on this page explains what is required to apply for permission to settle here, including timescales and tests for the Indefinite Leave to Remain. Also, Outlines how you can become a British Citizen, including the criteria that must be met.
|Indefinite Leave To Remain|
After individuals have lived and worked legally (under Tier 2, Tier 1 or old work permit) in the UK for a period of 5 years they currently become eligible to apply for permission to settle here.
This is known as 'Indefinite Leave to Remain'.
To settle in the UK (indefinite leave to remain), you will have to pass the Knowledge of Language and Life in the UK Test (KOLL). The KOLL test designed to make sure you are aware of the basics of UK life - things you should know if you are planning to live there permanently. It tests your knowledge of UK customs, government, law and values.
The Knowledge of Language and Life in the UK test will cover the following topics:
The test is to be taken on a computer in a designated testing facility in the UK. You will be asked 24 questions and be given 45 minutes to complete the test. There is no limit to the number of times the test can be taken, so don't worry if you don't pass the first or even the second time.
To pass the KOLL English test, you must speak English*, understand spoken English and be able to read English. You can meet this requirement in one of four ways:
*If you are taking the test in Scotland, you may request to take it in Scottish Gaelic. If you are taking the test in Wales, you may request to take it in Welsh.
|Citizenship / Naturalisation|
There are different ways to become a British citizen. The most common is called ‘naturalisation’.
You can apply for British citizenship by naturalisation if:
And you must usually have:
There are different requirements if your spouse or civil partner is a British citizen.
You can’t include any time spent in the UK when you’re exempt from immigration control (eg as a diplomat or member of visiting armed forces) as part of the 5 years.
For more information visit the 'Become a British Citizen' page.
The University recognises that our students fulfil a number of important roles working within the University; however, registered students are also covered by the Immigration, Asylum and Nationality Act and therefore must provide Human Resources with documentation to prove their eligibility to work in the UK.
Students who undertake paid employment with the University are subject to the same immigration checks as all employees of the University. Where a student is permitted to work under the terms of their Student Visa they can work up to 20 hours per week during term time. During their vacation time and on completion of their studies they are permitted to work full-time until the expiry of their visa. The work undertaken must not fill a full-time permanent vacancy, and must not be self-employed, employed as a doctor in training or as a professional sportsperson (including coach) or entertainer.
It is the Student's responsibility to maintain their visa status throughout their studies and employment by the University remains conditional upon them holding appropriate visa status. Where a student visa is due to expire the University will expect the individual to submit an application for an extension in good time so that they are not out of visa whilst their application is being considered. The UKVI has confirmed that it would be reasonable to allow a student worker to continue in employment if proof of their application for a visa extension is provided along with the Line Manager undertaking regular checks (at intervals of not more than 6 weeks) with the individual on whether their visa had been received.
Until 1 January 2014, if you were a Bulgarian or Romanian national you only had a right to reside in the UK if you came into one of the following categories:
From 1 January 2014, you no longer have to register with the Workers Authorisation Scheme if you are working in the UK. From this date all Bulgarian and Romanian nationals have the same rights as other EEA nationals to live and work in the UK.
|Biometric Residence Permit BRP|
EU Regulations require that Member States granting leave for more than six months to non EEA nationals do so using a Biometric Residence Permit. The BRP will be the sole form of evidence of the leave granted and as such will replace the current visa that is put in a travel document.
Any non-EEA national applying from overseas for permission to stay in the UK for more than six months will be required to apply for a BRP and then to collect it within ten days of their first arrival in the UK.
As part of the visa process the applicant will be required to provide their intended date of travel, a UK address and post code. The UK post code submitted as part of the application process will be used to identify the branch of the Post Office to which the Biometric Residence Permit will be sent for collection by the applicant. Help will be provided as part of the application process to guide the applicant in selecting the most appropriate Post Office collection branch.
Successful applicants will receive a letter informing them of the decision, which will also include notification that they must collect their BRP from the designated Post Office branch within 10 days of arrival in the UK. The passport or travel document will also be endorsed with a 30 day short validity (travel) vignette - which will be valid for thirty days from the expected date of travel provided by the applicant - to enable them to travel to the UK and to collect their BRP.
You must have a biometric residence permit (BRP) if you want to:
You don’t have to apply separately for a BRP. You’ll give your personal data when you make your visa or immigration application.
What’s on your BRP?
Your BRP will include:
You can use your BRP to confirm your:
Your BRP will be sent to you by post if you’re making your immigration or visa application from inside the UK. If you apply from outside the UK you’ll have to collect it from a Post Office in the UK.
For further guidance please refer to the UKVI website.
|UK Health Surcharge Fee|
The UK Government is introducing an immigration health surcharge on 6 April 2015. The health surcharge will be paid by non-European Economic Area (EEA) nationals who apply to come to the UK to work, study or join family for a period of more than 6 months. It will also be paid by non-EEA nationals who area already in the UK and apply to extend their stay after 6 April 2015. There are some exempt groups who fall within the above categories but do not need to pay the surcharge.
The surcharge is £200 per year for all other temporary visa and immigration applications made overseas and in the UK. Dependents will pay the same amount as the main application.
Those who have paid the surcharge or are exempt will be able to access the National Health Service (NHS) in the same way as a permanent UK resident. Payment maybe be required for some services such as dental treatment and eye tests.
When you make your immigration application you will be asked some question to see if you need to pay the health surcharge or if you’re exempt. You must pay the health surcharge before you finish your immigration application. If the surcharge is required, but not paid, the application will be refused or treated as invalid and rejected. In an application is unsuccessful the surcharge will be refunded.
|Permitted Paid Engagements|
You can apply for a Permitted Paid Engagement visa if you: