Loughborough University
Leicestershire, UK
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Loughborough University

Human Resources

A-Z content

Immigration

PREVENTING ILLEGAL WORKING AND IMPLICATIONS FOR SCHOOLS/DEPARTMENTS/SECTIONS 

Important Information for the attention of Heads of Schools/Departments/Sections and others involved in the employment of staff.  The following arrangements are applicable to all staff regardless of nationality.

BACKGROUND

The Asylum and Nationality Act 2006 requires all employers in the UK to make basic document checks on every person they intend to employ BEFORE that individual commences work.  This is to ensure employers do not break the law by taking on illegal workers.

The University has procedures in place to ensure that, as an employer, it meets its responsibilities under the law by establishing whether every prospective employee is legally able to work here.  These procedures involve action by Schools/Departments/Sections.

It should be noted that it is a criminal offence for the University to employ someone who has no right to work in the UK, or no right to do the work it is offering.

Action by schools/departments/sections

Schools/Departments/Sections are required to check, and retain documentary evidence of, a prospective employee’s right to work in the UK for all University Teachers and Casual appointments. Human Resources will carry out checks in respect of all other appointments for core salaried staff.

All checks must be carried out in advance of employment.

University Teachers 

University Teachers are members of staff who are employed to support the teaching load of a School/Department, usually on a short-term basis. 

It is the responsibility of the Head of School/Department/Section or nominee to ensure that the necessary checks are carried out within the School, to ensure the individual has permission to work in the UK before (s)he starts work at the University, and that a copy of the necessary evidence is kept. See the Immigration Checklist in the sidebar for full details.

All University teachers must be issued with a contract of employment by Human Resources prior to commencing work. The request to Human Resources for a contract of employment must include confirmation that evidence exists in the School/Department/Section that the University teacher has a right to work in the UK.

This procedure applies to all University teachers including any who re-commence employment after May 2004.  

(Also see University Teacher Guidance http://www.lboro.ac.uk/services/hr/a-z/university-teacher-guidance.html and (University Teacher Policy Information – Employment Legislation and Immigration Checks) http://www.lboro.ac.uk/services/hr/a-z/university-teacher-policy-information.html

Casual Employees

At present, the University through Human Resources does not issue formal contracts of employment for those who are employed for less than four weeks.  Examples are those employed to complete short term pieces of work or projects, or to cover absences of permanent staff, external examiners and invigilators.  The above checks must also be undertaken on any student who is employed in this capacity.

Despite the absence of a contract, there is a requirement for Schools/Departments/ Sections to carry out checks as described above for University teachers, and for a copy of all documentary evidence to be kept. See the Immigration Checklist in the sidebar for full details.

(Also see Casual/Temporary Staff Guidance Notes – Relevant Employment Legislation and Immigration Checks) http://www.lboro.ac.uk/services/hr/a-z/casual-staff---page.html

All Other Casual Appointments (more than 4 weeks)

This group comprises offers of contracts of employment issued by Human Resources, following receipt of a Request for Offer of Appointment. Such appointments may be full-time or part-time (occasionally for variable hours), and may be open-ended, fixed-term or temporary/short-term (but of more than four week's duration).

Human Resources will ensure that the necessary checks for such appointments have been done by asking Departments to supply a copy of the check, in order to be satisfied that all prospective employees have permission to be employed in the UK, before they start work at the University.  As indicated above, Human Resources will not carry out checks on University teachers or casual appointments as this is the responsibility of Departments/Sections.

 

Immigration Procedures

Important Information for the attention of Deans of Schools/Heads of Departments and Sections and others involved in the employment of staff.

Tier 2 (General) – under Tier 2 of the Points Based System (PBS) the University has to assign a Certificate of Sponsorship to each individual it wishes to employ to enable them to obtain the appropriate permission to come to, or remain in the UK.

Tier 5 (Government Authorised Exchange Scheme) – this route can be used for Academic Visitors to enable them to visit the UK as sponsored researchers up to a maximum of 24 months and the University is required to assign a Certificate of Sponsorship for visitors outside the UK/EEA on behalf of the visitor to enable them to apply for a Tier 5 visa. If they are in the UK in another immigration category, they cannot apply to extend their stay by switching into the Government Authorised Exchange category.  If they are here in the Government Authorised Exchange category, they cannot apply to extend their stay by switching into another immigration category.  In both cases, the Visitor must leave the country before they can apply.

Assigning a Certificate of Sponsorship

In order to assign a certificate of sponsorship, an individual must score a total of 70 points as follows

Criteria

 

Points

Sponsorship

If the job is on the shortage occupation list Or

30

 

If the job meets the resident labour market test (1) Or

30

 

If the migrant is switching from a post-study worker category

30

     

Qualifications (2)

Graduate level occupation

20

     

Future Expected Earnings

£20,800 per annum or the appropriate rate for the job if the applicant is considered to be a 'new entrant' (usually more than this depending on the Standard Occupational Classification (SOC) code for the role)

OR if you are not a 'new entrant' £30,000 per annum or appropriate rate for the job (which ever is the highest)

20

     

Maintenance

£945 in personal savings, which has been in your bank account for a continuous 90-day period ending no more than 31 days before the date of your application;

Or

your sponsor has an A rating and has confirmed in your certificate of sponsorship that it will maintain and accommodate you (to a level of £945 or more) until the end of your first month of employment in the UK if required. 

10

English language skills

If the migrant is a national of a majority English speaking country (3)

Or

If the migrant has passed an English language test (4)

Or

If the migrant has a degree taught in English

10

Please note that the 70 points must include 10 points for maintenance and 10 points for English language skills.

Notes:

(1) The resident labour market test requires us to advertise externally vacancies for a minimum of four weeks.

(2) ORIGINAL degree certificates or VERIFIED copies MUST be provided before a Certificate of Sponsorship can be assigned.

(3) The Home Office recognises the following countries as majority English speaking:

• Antigua and Barbuda;

• Australia;

• The Bahamas;

• Barbados;

• Belize;

• Canada;

• Dominica;

• Grenada;

• Guyana;

• Jamaica;

• New Zealand;

• St Kitts and Nevis;

• St Lucia;

• St Vincent and the Grenadines;

• Trinidad and Tobago;

• United States of America;.

(4) If the candidate needs to sit an English Language test, they must ensure that the test is one approved by the Home Office. An original test certificate or certificate number MUST be supplied for verification purposes.

It is advisable for individuals to undertake the English Language test as soon as possible (if necessary) to avoid any delay.

Action to be taken after a Certificate of Sponsorship has been obtained:

Once a certificate of sponsorship has been assigned details of the Certificate number will be sent to the individual so that they can apply for a visa or for leave to remain in the UK.

See further information on how to apply for a visa. 

Post Recruitment of Migrant Workers

Duties of Line Managers

Maintaining up-to-date contact details

It is important if Line Managers become aware of any changes to the contact details of migrant workers they ensure the migrant updates their details via my.HR immediately.

Reporting any unauthorised absence 

A requirement for any sponsors of non-EEA workers is to report certain migrant activities or incidents to UK Visas and Immigration at the earliest possible date since the activity occurred.

All Line Managers are therefore required to report such migrant activity and if they become aware that a migrant employee is absent without authorisation

Immigration Form 6 Reporting Form for Migrant Workers (Migrant Workers Reporting Form for Line Managers) should be completed and returned to Human Resources on the FIRST DAY of the relevant activity occurring so that the UKVI reporting requirements can be complied with.

Unauthorised absence does not include authorised annual leave, sickness absence which has been appropriately reported through the University’s sickness absence reporting procedure or any other leave (such as compassionate, parental, maternity, study etc) authorised under a University process.  Line Managers should therefore ensure that staff are aware of the process for reporting all forms of leave, including annual leave.

Activities to be reported include:

Does not turn up on first day

 

If a sponsored migrant does not turn up on the first day of work the report must be provided within 10 working days and must include any reason given by the migrant for non-attendance

Unauthorised absence from work

 

If a sponsored migrant is absent from work or study for more than 10 working days without the sponsor’s granted permission, the report must be provided to the UKVI within 10 working days of the tenth day of absence

Termination of Contract/Resignation

 

If a sponsored migrant’s contract of employment is terminated (including where the migrant resigns or is dismissed) a report must be provided within 10 working days of the event in question and should include the name and address of any new employer that the migrant has joined if this is known

Change in migrant’s circumstances

If there are any significant changes in the migrant’s circumstances, for example a change of job or salary (but not just job title or annual pay rises)

Suspicious activity

 

Any suspicions raised that a migrant is breaching the conditions of leave.  The sponsor must also give the police any information it may have that suggests that a migrant may be engaging in terrorism or other criminal activity

In all the above cases, it is the responsibility of the Line Manager to complete Immigration Form 6 and return this to HR asap.

 

Immigration Form 4 (Document to be issued to all Employees with Limited Leave to Remain in the UK on first day of employment) is issued to all new staff on their first day of work informing them of the above requirements under Home Office regulations.

Prospective employees who do not have permission to work

Please remember it is a criminal offence for the University to employ someone who has no right to work in the UK, or no right to do the work being offered. Our defence against conviction is obtained by carrying out the procedures described above, including retaining a copy of the relevant documentation as evidence.

Where Schools/Departments/Sections are required to carry out the necessary checks and, in the course of these, establish that a potential employee is not permitted to work, that person should be refused employment.  If necessary, Schools/Departments/Sections should contact the relevant HR representative for guidance.

Discrimination

In implementing the above, you are reminded that the University is obliged by law to ensure that its recruitment practices do not discriminate against individuals on racial grounds.

You should not employ anyone on the basis of their claim to be British or a national from a country in the European Economic Area or whether you think they appear to be from such countries.  All job applicants must be treated in the same way regardless of race.

Certificates of sponsorship

The procedures referred to for University Teachers and Casual staff are separate from those connected with the employment of overseas (non EEA/UK) nationals requiring a sponsorship in order to take up an appointment at the University, and permission to remain in the UK for that purpose.  As at present, the HR Officers (recruitment) will make the necessary arrangements to assign a Certificate and advise on leave to remain. In these circumstances checks within Schools/Departments/Sections are not required.

Document checklist

Important information for the attention of all those being offered a contract of employment.

IMMIGRATION, ASYLUM AND NATIONALITY ACT 2006 (Prevention of Illegal Working)

The UK Government has introduced a Code of Practice in respect of the Asylum and Nationality Act (2006).  This is designed to prevent illegal working in a way which does not result in unlawful race discrimination.

Loughborough University is committed to achieving an environment which provides equality of opportunity and freedom from race discrimination, and its equal opportunities policy and associated codes of practice, including recruitment and selection, aim to ensure this.

To make sure that you have current and valid permission to be in the United Kingdom and that permission does not prevent you from taking up employment at Loughborough University, you are required to send to Human Resources, an original secure document from List A, or a specified combination of two other documents from List B

Immigration Checklist

Please note you will not be able to take up your appointment here unless this evidence is provided.

 

 

Contact us

Tel: 01509 222169

Fax: 01509 223903