employment of migrant workers - university of nottingham · tier 2 - general replaced old work...
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Employment of Migrant Workers
- MAY 2011
Rachel Newnham & Tanya Robinson (HR)
Tier 1 – Post Study Workers
Closing in April 2012
No restrictions on work
Offer of employment not required to apply
Maximum of 2 years
PSW holders can switch to the Tier 2 category (after 6 months employment) without need of satisfying the resident labour market test, provided there is a suitable Code of Practice
Migrant worker has responsibility for application
Tier 1 – Highly Skilled Migrants (also known as Tier 1 General)
This scheme closed to new applications in April 2011
Highly skilled workers
No restrictions on employment
Extensions are possible (up to a maximum of 5 years) for existing holders, even though the scheme is now closed
Extensions granted on a points-based system (calculator available online)
Migrant worker has responsibility for application
Tier 2 - General
Replaced old work permit scheme
Applicable to graduate level jobs only, all jobs must
fall within a defined Code of Practice
Our approach to sponsorship is dictated by whether
the applicant is:
Out-of-country (i.e. doesn’t have a current UK visa/residence permit)
In-country (i.e. holds a current UK visa/residence permit)
Tier 2 - General
Allocated on a points-based system (calculator available online)
Rigid advertising criteria (other than named researchers)
Up to 3 years (extensions are possible up to a maximum of 5 years)
Individual is confined to one role and may not transfer (without the need for a new CoS/visa)
Employer must sponsor the individual who then makes a visa application
Tier 2 - General
In-country applications
We have an allocation of 100 CoS that we may assign (until 05/04/2012)
Subject to resident labour market test (unless named researcher)
Individual must score sufficient points
We allocate a certificate of sponsorship
The individual applies for a biometric residence permit (BRP)
Tier 2 - General
Out-of-country applications
We apply for a restricted certificate of sponsorship from a monthly, national allocation
Assessed on basis of salary, PhD, Code of Practice, resident labour market test
Open to named researchers
If successful, we allocate the certificate of sponsorship
Individual must score sufficient points
The individual applies for a UK entry clearance visa
Tier 2 - General
Timings
Researchers – CoS must be issued within 12 months of the release date of the advert
Academics – CoS must be issued within 6 months of the release date of the advert
CoS are valid for 3 months once issued -individuals must apply for a visa/BRP before the CoS expires
A CoS can only be issued within 3 months of the start date
Tier 4 - Student Visas
The maximum amount of part-time work a student can do during term-time is:
20 hours per week if studying a course at or above UK degree level or a foundation degree course, and/or if they made their Tier 4 (General) application on or before 2 March 2010; or
10 hours per week if studying a course that is below UK degree level and is not a foundation degree course, and they made their Tier 4 (General) application on or after 3 March 2010.
Students can work full-time during vacations, within the above limits
Tier 4 - Student Visas
Able to switch to Tier 1 PSW or Tier 2 (with sponsorship)
Specific points at which Masters and PhD students are deemed to have completed their course
Upon completion of course, may work up to four months on a full-time basis, pending a new visa application (only if expiry date of existing visa allows)
Tier 5 – Government Authorised Exchange Replaced the old Sponsored Researchers work permit
scheme Allocated on a points based system Not to be used to fill job vacancies HEI’s can sponsor individuals for up to 2 years Switching is not allowed in or out of the GAE category Used primarily for sponsored researchers who are:
Employed by an overseas higher education institution Undertaking ‘funded’ research as part of a formal research
project hosted (but not necessarily funded) by a UK research institution
Working (as a researcher) under the full or partial control of the institution which will directly benefit from the research
[Sponsored Researchers can be funded from sources in the UK or overseas.]
Employer must sponsor the individual who then makes a visa application
Tier 5 – Creative & Sporting
This category is for people coming to the UK to work or perform as entertainers or creative artists for up to 12 months
Primarily used by Lakeside Arts Centre
Dependants
May be dependant of a student, a Tier 2 holder etc.
Take care not to confuse with a student visa
Any restrictions on work are specified on the card or passport vignette, usually able to work without restrictions
Bulgarians & Romanians
Do not confuse with other Accession State nationalities
Bulgarians and Romanians require a Work Permit and a Worker Accession Card
They are not part of the Points Based System
Sponsor Responsibilities – Tier 2
Sponsors have specific responsibilities to report to the Home Office:
Significant changes to roles and responsibilities
Leavers
Any unauthorised absence
Additional Responsibilities (All Migrant Workers)
Sponsors are required to carry out certain monitoring and record keeping duties of all current migrant workers, these include:
Maintaining up-to-date contact details
Annual check of eligibility to work in the UK
What’s the Cost?(effective from 06/04/2011)
School/Deptto pay
Migrant to pay
Certificate of Sponsorship
Postal Application within the UK
Application in person within the UK
Applying from outside the UK
Tier 1 (PSW) n/a £594* £918* £474*
Tier 1 (Exceptional Talent)
n/a £1,000*# £1,300*# £800*#
Tier 2 (General) £175 £550*# £850*# £400*#
Work Permit (Romanians & Bulgarians)
n/a No charge for consideration of work permit application or subsequent BR3 (Worker Accession Card application)
Tier 5 (Government AuthoriseExchange/Creative& Sporting)
£10 £190*# £648*# £190*#
Settlement (for Tier 1, Tier 2 and Work Permit Holders (but not T1 PSW))
n/a £972* £1,350* n/a
* Plus additional fees for dependants# Reduced fees for nationals of Croatia, Turkey and FYR of Macedonia
Resident Labour Market Test
Candidates requiring a Tier 2 visa vs. candidates from within the EEA
What does the resident labour market test ask us to demonstrate?
- that no suitably qualified settled worker can fill the job (post must be advertised to settled workers for 28 calendar days using the advertising methods permitted by the code of practice for the sector or job)
All appointments must be made on merit,
cannot screen out applicants on basis
of assumptions about eligibility.
Resident Labour Market Test
Definition - ‘Settled worker’
A person who is a national of the European Economic Area or is legally settled in the UK with permission to work here.
In some cases, an employer who wants to employ a person who is not a permanent resident must show that no settled worker could be found to take the job.
Further Information
Managing Migrant Workers -http://hr.nottingham.ac.uk/managingmigrantworkers
Working in the UK Schemes - http://hr.nottingham.ac.uk/workingintheuk Points Based Calculator -
http://www.ukba.homeoffice.gov.uk/pointscalculator Information for International Staff -
http://www.nottingham.ac.uk/jobs/applyingfromoverseas/ UKBA Tier 1 (PSW) -
http://www.ukba.homeoffice.gov.uk/workingintheuk/tier1/poststudy/ UKBA Tier 1 (HSW) -
http://www.ukba.homeoffice.gov.uk/workingintheuk/tier1/general/ UKBA Tier 2 (General) -
http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/ UKBA Tier 5 (GAE) -
http://www.ukba.homeoffice.gov.uk/workingintheuk/tier5/governmentauthorisedexchanged/
Work Permit Scheme (Romanians & Bulgarians) -http://hr.nottingham.ac.uk/display.aspx?id=1199&pid=237
Worker Registration Scheme -https://hr.nottingham.ac.uk/display.aspx?id=1206&pid=237
Settlement - http://www.ind.homeoffice.gov.uk/settlement/ UK Visas - http://www.ukvisas.gov.uk/en/
Note: Nottingham HR web links due to change ......
Any Questions?