Immigration
Support for Existing Staff
A list of Frequently Asked Questions has been created to provide examples of types of support provided by the team. These answers are correct at the time of compilation (January 2021). If you have any doubt about any of the responses please contact HRImmigration@lboro.ac.uk who will be happy to assist you.
I am a new staff member who has applied for a Skilled Worker visa. Can I claim visa expenses as part of my relocation package?
If you are relocating from outside the UK and meet the qualifying criteria, you will be able to make a claim towards these expenses. The relocation expenses policy can be viewed here. Relocation expense claim forms are processed by the relevant School Senior HR Officer. Details of who to contact can be obtained from this link .
I am sponsored on a Tier 2/Skilled Worker visa and need to renew/extend my visa. What do I need to do?
Your Senior HR Officer will contact you approximately 3 months prior to your Certificate of Sponsorship (CoS) expiry date. You will be issued with a new Certificate of Sponsorship for your visa application. It is important to ensure you submit your application before your current CoS expires and the Officer will support you with this. If you are on a Tier 2 visa, you will be supported to switch to a Skilled Worker visa (the new name for a Tier 2). An overview of the UKVI’s Skilled Worker application process can be found here. The University also has some brief guidance on Skilled Worker sponsorship on the Immigration website which can be found here.
I also need to renew my family's visas. What do I need to do?
Applications for their visa renewals can be submitted with yours. We can provide links to UKVI guidance. If you require any support when completing their applications, you should seek independent legal advice. An overview of the UKVI’s Skilled Worker application process including family visas can be found here.
What if my visa is not received before my current visa expires? Does this affect my right to work?
Provided the correct steps are followed you should be able to continue to work whilst your visa extension application is being processed. It is important that you apply for your new visa before your current CoS expires to ensure you have submitted an 'in time' application. UKVI’s information on extending your visa can be found here.
You should provide the Immigration Team, e-mail: hrimmigration@lboro.ac.uk, with the acknowledgement from the UKVI containing your Unique Application Number (it will start with 12-12). With your permission, the Team can use this unique reference to complete an Employer Checking Service application. This must be done before your CoS expiry date. This check should result in the UKVI issuing a Positive Verification Notice valid for 6 months which will serve as your right to work whilst your visa application is being progressed. You should bring your new original visa to Human Resources as soon as you receive it so that the HR records can be updated.
How can I obtain help with my visa application? I am unsure about some of the questions on the application and the documents I am required to submit.
The Immigration Team can offer advice on questions relating to the content of the Certificate of Sponsorship and can provide useful links to the UKVI website guidance. If you are in any doubt regarding the content of your visa application, it is recommended you seek independent legal advice as any rejection of your application could result in the loss of any visa application fees. UKVI have some guidance on locating an Immigration Adviser.
I have received a letter from the UKVI rejecting my visa application, how can I obtain help?
The Immigration Team can look at the letter from the UKVI rejecting your application and may be able to suggest why the UKVI have rejected your application but are unable to contact them on your behalf. UKVI has some information on their website in relation to visa rejections and appeals, however it is recommended that you either contact the UKVI directly or seek independent legal advice.
How do I ensure I am complying with UKVI compliance requirements relating to my Tier 2/Skilled Worker sponsorship?
When joining the University’s employment you are issued with an ImmForm4 form which sets out your responsibilities and those of your line manager. This includes recording details of your absences in your Outlook calendar and keeping your address and contact details updated in my.HR. The Immigration Team also send out annual reminders including a guidance document on the UKVI compliance responsibilities. You will be required to confirm that your address and contact details are correct and supply a downloaded copy of your Outlook calendar. Guidance on the calendar download process can be found here.
If you are unsure of the conditions please contact HRImmigration@lboro.ac.uk
I am a staff on a Tier 2/Skilled Worker visa, how much time can I spend out of the country without this affecting my immigration status and the possibility to apply for ILR?
To find out whether you are eligible to apply for Indefinite Leave to Remain or information on the application process and criteria please use the following link.
For additional guidance on calculating your continuous period of residence within the UK please visit this link.
If you are preparing to apply for ILR please contact the Immigration Team who will be able to support you with some of the documentation required.
To be eligible to apply for ILR you must not have spent more than 180 days outside the UK in any 12 month period of the five year qualifying period. All absences from the UK are counted.
Does time spent abroad on University and research-related business also affect my immigration status?
For additional guidance on calculating your continuous period of residence within the UK please visit this link.
Under a new rule, which took effect from the start of October 2019, periods of research outside the UK is no longer counted against the limit on absences. The new rule only applies to Tier 2/Skilled Worker visa holders who are sponsored under the Researcher and Lecturer SOC codes.
If you require confirmation of your SOC code this can be found on your Certificate of Sponsorship or alternatively contact HRImmigration@lboro.ac.uk.
I am an international non-EU staff eligible to apply for Indefinite Leave to Remain as I have been in the UK for over 5 years. Can I obtain help with my application?
To find out whether you are eligible to apply for Indefinite Leave to Remain or information on the application process please use the following link.
If you are preparing to apply for ILR please contact the Immigration Team who will be able to support you with some of the documentation required. Absences covering the 5 year period will be required. These are not recorded centrally so you will need to provide these details. Payroll can also provide you with certified payslips to include with your application. If you require assistance with completion of the application form it is recommended you obtain your own legal advice.
UKVI have some guidance on locating an Immigration Adviser, this can be accessed via this link.
I am an EU/EEA staff who has recently joined the University. What do I need to do in order to ensure that I continue to enjoy the right to work in the UK?
If you haven’t already and you arrived in the UK before 11pm on 31 December 2020, you will need to apply for pre-settled or settled status depending on your personal circumstances – details on how to do this can be found here. The HR Immigration Team have a device to use if your personal device is incompatible with the UKVI website and can be contacted at hrimmigration@lboro.ac.uk for providing assistance with the first stage of your application, i.e. verification of your passport for your EU Settlement Scheme application.
I am an EU/EEA national and I have obtained pre-settled status, do I need to re-apply at some point?
Yes, you will need to reapply after you completed five years of residence in the UK. Once you have settled status you can stay in the UK as long as you like. You may also be able to apply for British citizenship if you’re eligible. Further information can be obtained here.
I am an EU/EEA national, what do I need to do to ensure that my family can stay in the UK?
Applications must be submitted for children of any age, and parents applying on their behalf are encouraged to link their applications. The HR Immigration Team have a device to use if your personal device is not compatible with the UKVI website and can be contacted at hrimmigration@lboro.ac.uk for providing assistance with the verification of your family’s passports for their EU Settlement Scheme application.
I am an EU national and I have obtained pre-settled status, do I need to re-apply at some point?
Yes, you will need to reapply after you have completed five years of residence in the UK. Once you have settled status you can stay in the UK as long as you like, subject to length of time spent outside of the UK, please see UKVI website for further detail. You may also be able to apply for British citizenship if you’re eligible. Further information can be obtained here.
What kind of documents do I need in order to demonstrate that I have been resident in the UK for five years as part of the settled status process? (bank statements, bills etc)
There are two specific areas that you will need to prove:
a) Your identity, as evidenced by your passport.
b) Your residence in the UK. This can be evidenced by bank statements, bills etc. Your National Insurance number will also allow an automated check of your residence based on tax and certain government records.
Unfortunately, you will need to provide this proof again when you apply to change from pre-settled status to settled status. More information on the documentation required can be found at the UKVI website
I am an EU/EEA National, how much time can I spend out of the country without this affecting my application for settled status?
There is a 5 year qualifying period of continuous residence in the UK, for at least 6 months in any 12 month period. There are some exceptions and further information can be found here. You must not have left the UK or the Common Travel Area for more than 6 months in any 12 month period.