staff immigration team an introduction to your visa and conditions april 2015
TRANSCRIPT
Staff Immigration Team
An introduction to your visa and conditions
April 2015
Staff Immigration Team
The University values global talentThe University’s Strategic Plan:
•To develop the University’s position as a global forum for intellectual engagement
•To recruit and retain high calibre staff from across the world
•To work towards an increasingly diverse staffing profile
Source: http://www.ox.ac.uk/about/organisation/strategic-plan
Staff Immigration Team
Welcome to OxfordOur Sponsor License:
•Highly Trusted Sponsor status with UK Government (Home Office)
Allows us to:
•Welcome international talent from all over the world
•Sponsor visa holders (approx. 900 current sponsored visa holders – more visa than any other UK University)
•Specialist Staff Immigration Team dedicated to handling queries and applications from sponsored visa holders and their families
Staff Immigration Team
How can we help you?• At recruitment – we arrange your visa sponsorship (Certificate of
Sponsorship)
• Overseas – we advise you how to apply for your visa
• In the UK – we check your application
• Remind your department to remind you when your visa is close to expiring
• Update the Home Office if your circumstances change – more information later.
• We advise you of the conditions attached to your visa
• Help to ensure that the University is compliant with its responsibilities to the Home Office to ensure that we keep our license to sponsor visas
Staff Immigration Team
Who do I contact?• For any visa related queries or issues please contact the HR team/person in your department
• HR will contact the Staff Immigration Team for specialist advice where necessary
Staff Immigration Team
Turpin and Miller LLP• Philip Turpin - external immigration lawyer based in
Oxford
• Used by the University for immigration related legal advice
• Will now talk you through:
• What you need to report to the University and the Home Office
• What the University has to report to the Home Office
• Requirements for future visa applications you may wish to make
“Don’t worry – I’ll sort it out later”
A short presentation on how (& why) a little admin can go a long way
Philip Turpin
Turpin & Miller LLP
I’m here now – why am I still being monitored?
‘Points Based System’ phased in during 2008, modelled on Australia.
Aim was to establish clear and objective criteria for granting visas, and
To shift the burden of ‘policing’ from the Home Office to the new ‘sponsors’ (employers/educational establishments)
Huge regulatory burden now falls on sponsor to monitor and report back on employees/students
Who does what?
Home Office – decides which employers can hold sponsor licences and monitors the operation of those licences. Decides which applicants are granted leave to enter/remain & on what terms.
Your employer/sponsor issues Certificates of Sponsorship ‘COS’ according to Home Office rules. Has ongoing responsibilities to monitor its employees/sponsored visa holders, look after the integrity of its licence and report any issues to the Home Office
You are the holder of either leave to enter or leave to remain. You may have a Biometric Residence Permit. You have ongoing responsibilities as a ‘sponsored’ migrant, as a person ‘subject to immigration control’ & as the holder of a Biometric Residence Permit.
The three-way relationship
Ongoing obligations in all directions
You
Your employer/sponsor
UK Visas & Immigration
(Home Office)
Things you must report to your employer/sponsor
Don’t despair – it’s not too onerous
• Any change of address or phone number (mobile & landline)
• Any change in job details (title, salary, hours, work location, duties or even leaving your employment/project) – don’t assume
• If you switch into a different immigration category
• Must follow University absence reporting procedures for sickness, holidays and other absences – includes Tier 5 sponsored visa holders
These changes must be reported to your departmental/college administrator or HR contact
Things you are asked to report to the Home Office
Distinction between those with leave in passport, those with Biometric Residence Permits. All Points-Based System migrants ‘requested’ to report certain things to the Home Office:
Change of name or nationality;Criminal convictions or civil judgmentsNew passport detailsChange of address, email, mobile or landlineChange of legal representative Change of dependants details (where dependency ceased)
Change of address/legal rep – online form at https://visa-address-update.service.gov.uk/
Other changes Migrant Change of Circumstances form at https://www.gov.uk/government/publications/notification-of-change-of-circumstances-form-mcc
Biometric Residence Permit
Holding a Biometric Residence Permit brings a few more obligations & failure to comply comes with penalties
Lost or stolen card. Must report to police and obtain crime reference number. Must report to Home Office ‘as soon as reasonably practicable’. Must apply for new Biometric Residence Permit within 3 months of date of cancellation of old one. If lost overseas, must apply for replacement within one month of return.Card altered, damaged or someone else using it. Report ‘as soon as reasonable practicable’. Must apply for new Biometric Residence Permit within three months.Change of name, gender, nationality, facial appearance changes significantly. Must apply for new Biometric Residence Permit within three months. Change of address (if going to be for more than six months)Cease to meet any of the conditions of leave. Reporting to Police and applying for replacement https://www.gov.uk/replace-brp
Things you must report to the Police
If you are required to register with the police (this will be stated on your visa or Biometric Residence Permit) you must do so within seven days of arrival in the UK (or of being granted the Biometric Residence Permit).
The police will record:Your addressYour passport detailsYour marital statusYour employmentYour visa/Biometric Residence Permit number
If any of these change you must report it to the police within seven days
So what if I don’t?
Different omissions have different penalties. Some examples:
(i) Whoops – forgot to tell my employer/sponsor I had a new phone number. Home Office just dropped by for an audit and tried to call me at random. Number was disconnected...
(ii) I lost my Biometric Residence Permit last year in the supermarket. Wasn’t worried about it until now when I need to travel overseas. Called Home Office and they told me I had breached some kind of regulations for not telling them. Just received a letter threatening a fine of £1000.
(iii) I got an extension to my leave last month and a new Biometric Residence Permit. I have to register with the police but forgot to tell them. Too scared to go down there now. Help! Someone told me I had committed a criminal offence.
(iv) I had a family emergency back home and had to rush back. I only meant to be away for a week or so, but ended up being away for three weeks. I forgot to get permission from my employer. Just turned up at Heathrow and they told me my leave had been cancelled...
.
What am I able to do while I am here?
• Work for your employer/sponsor, in the job described in your Certificate of Sponsorship (CoS)
• Do ‘supplementary employment’ of the same type of work, for up to 20 hours per week (inform HR if you will be teaching, to ensure you are covered in your CoS)
• Do voluntary work
• Study
• Bring family
• Use the NHS
• Send your dependants to state schools
What am I not able to do?
• Be self employed (other than as ‘supplementary employment’)
• Work other than allowed in the Certificate of Sponsorship (CoS) or in supplementary employment (Check your CoS covers teaching if invited to deliver lectures – contact your HR department if not sure)
• Take unpaid leave in excess of one month per year (January to December)
• Go absent without permission from your department / college (this could lead to your visa being revoked)
• Claim ‘public funds’
• Commit a criminal offence
• Bring dependants over the age of 18
Planning for the future
Indefinite Leave to Remain/British citizenship
Other options – Tier 2, Tier 1 (Exceptional Talent), Long Residence, Partner
Dependants - partners and children
Things to bear in mind for Indefinite Leave to Remain
Must complete five years continuous residence in a combination of old Work Permit, Tier 1 (highly skilled not Post Study Worker), Tier 1 Exceptional Talent and Tier 2. (Allowed 180 days absence per year - counting back from the date of application)
Absences must be for a reason that is consistent with the original purpose of entry to the UK or for a serious or compelling compassionate reason.
Keep a record of all absences and note different rules for absences if thinking of applying for Naturalisation (450/90 days)
Will have to pass the Life in UK test New criminality provisions – all convictions must be declared.
Timing of applications
Must be made prior to expiry of current leave. Do not let leave expire while out of country as will then need to reapply and will be subject to ‘cooling off’ period.
Cannot apply for Indefinite Leave to Remain from overseas.
Can be made 28 days before meet residence requirements
Can be made postal, priority or premium (same day)
Making a successful application
During five year period, keep good records of all absences Allow time for taking the Life in UK test Carefully check the documents you will need and acceptable
formats (including photos) Think about whether you want to do a postal, priority or
premium (in person) application Best of all – get expert advice!
Dependants
Partner can apply for Indefinite Leave to Remain at same time as applicant if:
(i) living together in UK with applicant for at least 2 years (if initial leave granted before 9 July 2012)
(ii) living together in UK with applicant for at least 5 years (if initial leave granted after 9 July 2012)
Must meet various other conditions, including Life in UK/English test
Dependants
Children who turn 18 during course of your stay. Must remain ‘dependant’
(i) Must not have married or formed independent family unit. Must live with parents unless at school, college or university.
(ii) Must not be in full time employment (unless they are aged over 18)
(iii) Be wholly or mainly dependant upon their parents for financial support (unless they are aged over 18)
(iv) Be wholly or mainly dependant upon parents for emotional support
Can only apply for Indefinite Leave to Remain at same time as main applicant if other parent also eligible for Indefinite Leave to Remain.
Children born in the UK during course of your stay
(i) Do not require leave except if seek to exit and re-enter.
(ii) Can apply as Points Based System (PBS) dependant
(iii) Can wait and be included on Indefinite Leave to Remain application
(iv) Can wait and register as British after parent granted settled status
Registered Traveller Scheme
You can apply to join the Registered Traveller Service if you’re a national of Australia, Canada, Japan, New Zealand or the USA who regularly flies in to Heathrow or Gatwick airports.
You’ll be able to:
- use the ePassport gates (if you have a biometric passport)
- use the UK/EU channel (Heathrow) or the Registered Traveller lane (Gatwick)
You won’t need to fill in a landing card. The fee is £50 to apply
A final word.
Lots of information available on Oxford University website Staff Immigration Team website http://www.admin.ox.ac.uk/personnel/permits/
Lots of information on Home Office website. If in doubt, ask. Don’t think of requirements as ‘admin’ – it is mandatory
compliance - an absolutely necessary part of taking care of your status & that of your employer/sponsor
Plan ahead re next steps
Contacts
Philip Turpin: [email protected]
Jo Renshaw: [email protected]
Nyasha Gardner: [email protected]