Right to Work Checks - University Administration and ... Immigration Team What we do • Advise departments, colleges and migrants on: • Tier 2 and Tier 5 process and requirements

Staff Immigration Team

Right to Work Checks A comprehensive guide for colleges April 2016

Staff

Immigration

Team


Staff Immigration Team James Baker – Staff Immigration Team Leader Tel: (2)89908 / email [email protected] Natalie Goldsmith – Staff Immigration Officer Tel: (2)89912 / email [email protected] Tim Currie – Staff Immigration Officer Tel: (2)89903 / email [email protected] Lisa Crook – Staff Immigration Assistant Tel: (2)89919 / email [email protected] Medical Sciences / Social Sciences / Colleges Q – W David Richardson – Staff Immigration Assistant Tel: (2)89904/ / email [email protected] Humanities / MPLS / Colleges A – P Amira Harb - Staff Immigration Admin Assistant Tel: (2)89926 / email [email protected] Website: http://www.admin.ox.ac.uk/personnel/recruit/preempcheck/compulsorychecks/righttowork/

mailto:[email protected]






http://www.admin.ox.ac.uk/personnel/recruit/preempcheck/compulsorychecks/righttowork/


What we do • Advise departments, colleges and migrants on:

• Tier 2 and Tier 5 process and requirements • Right to Work checks • Visitor immigration requirements

• Process Tier 2 and Tier 5 Certificate of Sponsorship applications and hold all data for Tier 2 and Tier 5 migrants centrally.

• Manage complex cases and matters of non-compliance with external legal input where necessary.

• Provide regular training on Tier 2, Tier 5, right to work and visitors.

• Provide assurance to the Audit and Scrutiny Committee on immigration and right to work

compliance. • Represent the collegiate University’s comments and concerns with immigration policy to

the Home Office.


Content

• The University’s sponsor licenses • Legislation and policy

• Purpose of the legislation • What is an illegal worker? • Avoiding discrimination

• Consequences of non-compliance • Who needs a right to work check? • How to complete a right to work check

• Obtaining documents • Checking documents • Record and retaining documents • Conducting repeat checks


Content

• Documents which give permission to work • Validity of passports • Biometric Residence Permits • List A documents • List B documents

• Categories of employee and worker

• Employees, casuals and Tier 5 • Tier 4 students • Tier 2 supplementary work • Out tutors • Junior Deans

• Summary


Sponsor Licenses The University holds ‘Premium Sponsor Status’ with the Home Office and holds the

following licences on behalf of the Collegiate University:

• Tier 2 – to sponsor non EU employees to fill skilled roles (approx. 885 current

sponsored visa holders)

• Tier 4 – to sponsor students from overseas (5,115 current sponsored

students)

• Tier 5 – to sponsor supernumerary researchers and academics coming to

collaborate (approx. 190 current sponsored visa holders)

Failure to comply with Right to Work check requirements poses serious risk to the

University’s sponsor licences.


Legislation and Policy


Legislation

Immigration, Asylum and Nationality Act 2006

• Right to work legislation came into effect on 27 January 1997 • Updated in February 2008 • Latest update to the Act – May 2014


Purpose of the legislation

• Make it harder for people with no right to work in the UK to gain or keep employment • Put the responsibility onto employers to prevent illegal working • Make it easier for the Home Office to sanction employers who employ illegal workers •Provide employers with a statutory excuse against sanction


Avoiding discrimination • RTW checks apply to all nationalities • Cannot make assumptions of a person’s nationality on the basis of

name, race, appearance etc. • Equality Act 2010, employers are required to treat all job

applicants equally. Home Office advises that a right to work check should be completed for all prospective employees, and at the same stage of the recruitment process.

• The collegiate University risks sanction under the Equality Act if employees/ prospective employees are treated differently on the grounds of race.


What is an illegal worker?

A person who is “subject to immigration control” (i.e. requires a visa to work in the UK) and: • does not hold the necessary visa to work in the UK

and/or • is working in breach of their visa conditions (i.e. in a

role in which their visa doesn’t cover/ for more hours than their visa permits)


Examples of non-compliance

• Mr A commenced employment on 6 September 2015 • He forgot his right to work documents at interview and was asked to bring them to HR on his first day • He forgot his right to work documents on his first day. He was allowed to commence work and was asked to bring his documents the following day • His right to work was checked on 7 September 2015 •Consequence – no statutory excuse against illegal employment if the documents were later found to be fraudulent because the right to work check was not done before employment commenced. •What should the college have done? – sent Mr A home on his first day to get his right to work documents and not allowed him to commence work until a right to work check had been completed



•Dr B was engaged to do some casual work for four hours per week during term time. She has a Tier 4 visa. • She is also working 18 hours per week for three other colleges. • The college did not ask her to complete a ‘Tier 4 Student Employment Declaration’ and did not know about her other work •Consequence – illegal employment of a Tier 4 visa holder. •What should the college have done? – asked Dr B to complete the ‘Student Employment Declaration’. If they had, they would have known that the work they were offering would have been in breach of her permitted hours on her Tier 4 visa and that they could not have employed her for this reason.



• Ms C commenced employment on 6 January 2011 • A right to work check was completed in March 2011 • The Home Office contact the College in 2015 to advise that according to their records Ms C does not have the right to work in the UK (they have the ability to cross reference information from NI contributions with visa status) • It was found that Ms C had presented a fraudulent Indefinite Leave to Remain visa Consequence – illegal employment of an individual with no right to work in the UK. No statutory excuse because a right to work check was not completed before work commenced. •What should the college have done? – completed a right to work check before employment commenced. Had this been done, there would be no sanction against the Collegiate University because the fraudulent document was not obvious.



•Mr D was employed as a casual worker for the college bar as Bar Staff for 20 hours per week • He held a Tier 2 (General) visa with a private research company as a Research Assistant Consequence – Illegal employment of a Tier 2 visa holder in breach of their visa conditions. Tier 2 visa holders may only take additional work under strict conditions. One of which is that the work must be the same type of work as the job for which the Tier 2 visa was issued (in this case, research). •What should the college have done? – checked the individual’s Tier 2 Certificate of Sponsorship (the individual should have received a copy from their primary employer) and sought advice from SIT to satisfy themselves that the casual work is permitted on the visa in question


Consequences of non-compliance

• Impact on Tier 2, Tier 5 and Tier 4 (student) sponsor licences

• Licences withdrawn - all sponsored workers and students required to leave

the University and UK

• Licences downgraded – may retain current visa holders but not sponsor new

visa holders

• Prevent the recruitment of international talent (students and employees)

• On-the-spot fines of up to £20,000 for each illegal migrant

• Up to 2 year prison sentence and/or an unlimited fine

• Financial and reputational loss

A breach from a single college or department (including those who do not have any Tier 2 or Tier 5 sponsored migrants) = potentially serious consequences for entire

Collegiate University.


Who needs a right to work check?


Who needs a RTW check?

Right to Work check required Right to Work check not required

Employees paid through payroll Anybody working entirely overseas

Casual workers paid through payroll Anybody employed continuously since before 27 January 1997

Tier 5 sponsored migrants Self-employed people

Anybody who receives a payslip Agency workers

Anybody (over 16) on Work Experience

Voluntary workers

Employees and casual workers


Who needs an immigration check?

Immigration check required Immigration check not required

People from overseas who require a visa/immigration stamp to enter as an Academic Visitor

Visitors from within the UK/EEA

People from overseas who require a visa/immigration stamp to enter as a Business Visitor (unless coming for one day or less)

Non-EEA nationals who already have permission to be in the UK

People from overseas who require a visa/immigration stamp to enter as a Permitted Paid Engagement visitor

Business Visitors from overseas coming for one day or less

Visitors

Immigration status check = check, copy, sign, date and retain copy of passport and visa/immigration stamp. Retain copies for duration of visit


How to complete a right to work check


Right to work check process

Obtain RTW document

Check RTW document

Copy and retain RTW document

Update list of List Bs

Repeat RTW check

(List B’s only)

1 2 3 4 5

Use the Right to Work Checklist to ensure you follow all of the required steps in full http://www.admin.ox.ac.uk/personnel/recruit/preempcheck/compulsorychecks/righttowork/




Step 1: obtain document(s)

• Only documents from the Home Offices List A or List B are acceptable proof of right to work.

• Must see original document(s) – photocopies and electronic copies not acceptable.

• Must see worker in person. • Those who work remotely should have an initial visit to Oxford to

present their right to work documents. • In exceptional circumstances, a right to work check can be

conducted via Skype/video link BUT the worker must send their original documents (passport, visa etc.) to the college before the right to work check via video link is conducted. This is not recommended.


Step 2: check document(s)

• Document appears genuine – not expected to be experts but should reject document if it is “reasonably apparent” that it is not genuine/ does not belong to the holder.

• Photographs and DOB consistent across documents and with the appearance of the holder.

• Visa in date and permits work in question (note Tier 4 restrictions on hours and Tier 2 and Tier 5 restrictions on work).

• Passports must be current (in date & not cancelled) except: • For UK and EEA nationals • For those with an EEA Family Permits/ Residence Card

• Check any difference in name – ask for further original documentation (i.e. marriage certificate)

• Not sure? Ask SIT


Step 3: copy and retain document(s)

• Passports - copy all pages with photo, expiry date, nationality, DOB, signature, visa, biometric details

• All other documents – copy in full (both sides) • Sign, print name and date copy – include declaration to confirm originals

seen • Retain for duration of employment/engagement and for two years after

employment/engagement ends • Data protection - copies must be held securely • Keep copy of right to work documents attached to inside front cover of

Personnel files so that documentation can be found easily during an audit

• Send copy of Tier 2 and Tier 5 RTW docs to SIT


Step 4: update list of List B’s

• Keep up to date list of List B document holders, visa expiry dates and type of visa

• Have demonstrable system for ensuring list is always up to date


Step 5: repeat check (List B only)

What is a repeat right to work check? • A document check to determine whether a worker can continue to work

beyond expiry date of their existing visa/document • Must ensure that a new visa is received/ worker is in the process of

applying for a new visa before the existing visa expires Only required if extending contract beyond expiry date of visa Applies to all List B document holders (Tier 1, Tier 2, Tier 4, Tier 5, spouse, dependant etc.) No repeat checks for List A document holders



If extending contract beyond expiry of existing visa for existing employee/worker: 1.Contact worker approximately 3 months before expiry of existing visa check that migrant plans to extend their visa and continue to monitor 2. Before expiry of existing visa, complete RTW check using the new visa (if available) following steps 1-4 3. Update list of List B’s with new information



If new visa is not received from Home Office before expiry date of existing visa (and therefore you cannot complete a repeat check using the new visa): 1. Seek and retain proof that the application was made to the Home Office

(e.g. HO acknowledgement letter, proof of postage) before the existing visa expires.

2. Permission to work extended for 28 days while awaiting new visa. 3. On/ before 21st day after original visa expired, complete RTW check on

the new visa (if available) following steps 1-4 4. Update list of List B’s with new information



If new visa is not received from Home Office by day 21 after the existing visa expired:

1.Contact Employers Checking Service to confirm application received and RTW can continue https://www.gov.uk/government/publications/employer-checking-service-form-check-employees-right-to-work 2.Complete online form and submit to Home Office 3.Positive verification – right to work will continue for six months whilst awaiting new visa. Negative verification – contact SIT immediately 4.Complete RTW check using new visa once received and within the six months time frame 5.Update list of List B’s with new information

https://www.gov.uk/government/publications/employer-checking-service-form-check-employees-right-to-work



















Step 5: repeat check (example)

Professor E’s Tier 2 dependant visa expires on 12 December 2015 Action: 1. Contact Professor E approx. 12 September 2015 to enquire about her

plans to extend her visa. She tells you her partner intends to extend their visa in October and she will be included as a dependant.

2. In mid November, contact Professor E to ask whether she has received her new visa from the Home Office.

3. Professor E confirms that she has her new visa 4. Professor E brings the new visa (in the form of a Biometric Residence

Permit) to the college for a right to work check. 5. The college completes the check and updates list of List Bs with new

information



Dr F’s Tier 1 Exceptional Talent visa expires on 1 November 2015 Action: 1. Contact Dr F approx. 1 August 2015 to enquire about his plans to extend

his visa. He tells you he intends to extend his visa in early September. 2. In early October contact Dr F to ensure he did apply for an extension and

ask whether he has received his new visa. He hasn’t. 3. Request proof of application. Dr F produces a letter from the Home

Office dated 23 September 2015 confirming they have received his application. This is valid proof of right to work up to 28 November 2015.

4. On 6 November 2015 Dr F confirms that he has received his new visa (in the form of a Biometric Residence Permit) and brings it in for the department to do a right to work check.

5. The college completes the check and updates list of List Bs with new information



Dr G’s Tier 2 visa expires on 1 January 2016 Action: 1. Contact Dr G approx. 1 October 2015 to enquire about his plans to extend his visa. He tells you

he intends to apply for ILR in late November. 2. In early December contact Dr G to ensure he did apply for ILR and ask whether he has

received his new visa (unlikely). He hasn’t. 3. Request for proof of application. Dr G produces a letter from the Home Office dated 29

November 2015 confirming they have received his application. This is valid proof of right to work up to 28 January 2016.

4. On/shortly before 21 January 2016, contact Dr G to check whether he has received his new visa. He still hasn’t.

5. Complete the Employers Checking Services form on the Home Office website (no later than 21 January 2016) and await response.

6. On 27 January a Positive Verification Notice is received from the Home Office. This is valid as proof of right to work until 27 July 2016.

7. Keep in regular contact with Dr G to check if he has received his new visa. 8. On 4 February 2016 Dr G confirms he has received his new visa (in the form of a Biometric

Residence Permit) and brings it in for the college to do a right to work check. 9. The college completes the check and updates list of List Bs with new information


BREAK

HELP YOURSELF TO TEA AND COFFEE


Right to Work documents

List A (permanent) List B (time-limited)


List A and List B documents • Two lists of documents provided by the Home Office which can be accepted as proof of right to

work • Only documents on these lists are acceptable • Every employee and casual must provide one of the documents on the lists before work

commences List A documents: • Permanent proof of right to work – no repeat checks required during employment • British/EEA passport and Indefinite Leave to Remain (ILR) and Permanent Residence (PR) visa

holders List B documents: • Time limited right to work – a repeat check must be done for ALL List B’s before the document

expires if employment is expected to continue • Work visa/ Biometric Residence Permit holders i.e. Tier 1, Tier 2, Tier 4/student, Tier 5,

dependant visa See https://www.gov.uk/government/publications/acceptable-right-to-work-documents-an-employers-guide for photographs

https://www.gov.uk/government/publications/acceptable-right-to-work-documents-an-employers-guide
















EEA countries Austria Belgium Bulgaria Cyprus

Czech Republic Denmark Estonia Finland

France Germany Greece Hungary

Iceland Ireland Italy Latvia

Lichtenstein Lithuania Luxembourg Malta

Netherlands Norway Poland Portugal

Romania Slovakia Slovenia Spain

Sweden Switzerland United Kingdom

Nationals of these countries may reside and work freely in the UK – List A document holders


Validity of passports

• Expired British and EEA passports are acceptable • All visas (including ILR, Tier 1, Tier 2, Tier 4) must be presented in a valid passport as proof of right to work EXCEPT

• EEA Family Permits, EEA Family Member Residence Cards and EEA Permanent Residence Cards (issued to non-EEA family members of EEA nationals) which may be accepted in an expired passport

•Those who have a visa in an expired passport must apply to have the visa transferred to a Biometric Residence Permit using a new valid passport before they start work


Transferring a visa • Those who have an Indefinite Leave to Remain visa in an old passport will need to apply using the ‘NTL No Time Limit’ application at https://www.gov.uk/transfer-visa This currently costs £260 • Those who have a limited visa (such as Tier 4, Tier 1, dependant etc.) will need to apply using the ‘TOC Transfer of Conditions’ form at https://www.gov.uk/transfer-visa This currently costs £183 • Once they have applied to transfer their visa, use the Employers Checking Service form at https://www.gov.uk/government/publications/employer-checking-service-form-check-employees-right-to-work to request a Positive Verification Notice as proof of right to work until their new visa arrives •Must not employ until you have received and checked either the new visa or a Positive Verification Notice •If relying on a Positive Verification Notice – must complete a new right to work check on the new visa once received and before the PVN expires (usually six months).

https://www.gov.uk/transfer-visa
























Biometric Residence Permits and vignettes – what’s the difference?

Biometric Residence Permit

• Issued to all in-country applicants • Issued to overseas applicants coming for

more than six months but must collect when arrive in the UK

Vignette in passport

• Issued to all overseas applicants • For those coming for more than six

months the vignette will be valid for only one month – BRP must be collected when they arrive in the UK


BRP’s for overseas applicants

• For migrants coming for more than six months the vignette (sticker) in passport will be issued for one month duration to enable migrant to enter the country

• Must collect BRP from Post Office (usually St Aldate’s) when they arrive and before vignette in passport expires

• Those coming for less than six months will not be required to collect a BRP

Right to work implications • Advise individual to collect BRP from Post Office before they start work • If they can’t collect BRP before they start, you can accept the vignette in

passport as proof of right to work but it is only valid up to the expiry date on the vignette – you must complete a new right to work check (using the BRP) before the vignette expires


List A document 1

British passport

• NOTE there are 6 different types of British nationality but the only British passport accepted by itself is where Nationality is listed as ‘British Citizen’

• Other types of British nationals (such

as ‘British National (Overseas)’, ‘British Subject’, ‘British Overseas Citizen’ etc. do not have automatic rights to live and work in the UK and will need a visa to work (List B)

• Some can be endorsed with entitlement to Right of Abode in the UK but this must be in a valid passport (List A)

• Other types rarely seen but do come up so be careful to read Nationality & don’t assume British passport = British citizenship & if unsure or have any doubts contact SIT


List A document 2

Passport or ID card for a national of European Economic Area or Switzerland. • Free to live and work in the UK without

restriction

• NOT Croatian nationals as they require a

registration certificate / proof of exemption in order to take employment (List B)


List A document 3

A residence permit, registration certificate or document certifying Permanent Residence issued to an EEA/Swiss national: • Residence permits or registration

certificates are blue (except for those for Swiss nationals, which are pink) and contain the photograph of the holder


List A document 4

A Permanent Residence Card issued to the family member of an EEA/Swiss national:

• Vignette format can be in either current or expired

passport as under EEA rules

• The EEA national under which the family member has obtained permanent residence, must be lawfully residing in the UK in order for the family member to retain their rights to reside and work freely in the UK


List A document 5

A current Biometric Residence Permit indicating that the person named is allowed to stay indefinitely in the UK, or has no time limit on their stay in the UK: • Issued to non-EEA nationals who have spent a

certain amount of time residing in the UK (or who is the family member of a non-EEA national who also holds Indefinite Leave to Remain (ILR) in the UK)

• Although this type of permit allows the holder to remain in the UK indefinitely, the Biometric Residence Permit must be renewed every ten years


List A document 6

A current passport endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK (ILR), has the right of abode in the UK, or has no time limit on their stay in the UK: • Must be in a valid passport • Usually in the form of a sticker in the

passport


List A document 7

A current Immigration Status Document issued to the holder with an endorsement indicating that the named person is allowed to stay indefinitely in the UK or has no time limit on their stay, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer: • Rarely seen but still some in circulation • Evidence of the National Insurance Number must be

in the form of an official document (i.e. a National Insurance Card, letter from HMRC, P45 or P60.)


List A document 8

A full birth or adoption certificate issued in the UK which includes the name(s) of at least one of the holder’s parents or adoptive parents, together with an official document giving the person’s permanent National Insurance number and name: • Short birth certificates are not valid for

this purpose. • The full birth certificate must contain

the details of at least one parent. • Evidence of the National Insurance

Number must be in the form of an official document (i.e. a National Insurance Card, letter from HMRC, P45 or P60)

X


List A document 9

A birth or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer: • The birth certificate must contain the

details of at least one parent. • Evidence of the National Insurance

Number must be in the form of an official document (i.e. a National Insurance Card, letter from HMRC, P45 or P60.)


List A document 10

A certificate of registration or naturalisation as a British citizen together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer: • A certificate of registration is an A4

certificate describing the holder as a British Citizen

• Evidence of the National Insurance Number must be in the form of an official document (i.e. a National Insurance Card, letter from HMRC, P45 or P60.)


List B document 1

A current passport endorsed to show that the holder is allowed to stay in the UK and is currently allowed to do the type of work in question:

• Vignette (sticker) in the passport • Some permits/visas contain restrictions on

the type of work that the holder can do, and/or, the place that they are permitted to work (e.g. Tier 2 and Tier 5)

• Some permits/visas contain restrictions on the number of hours the holder is permitted to work (e.g. Tier 4)

• Other types of visa include Tier 1, Tier 5 YMS, Tier 4 DES, PBS dependant, spouse, UK Ancestry

• Passport and visa must be current


List B document 2

A current Biometric Residence Permit issued by the Home Office to the holder which indicates that the named person can currently stay in the UK and is allowed to do the work in question:

• A micro-chipped credit card sized card • Some BRP’s contain restrictions on the

type of work that the holder can do, and/or, the place that they are permitted to work (e.g. Tier 2 and Tier 5)

• Some permits/visas contain restrictions on the number of hours the holder is permitted to work (e.g. Tier 4)

• Other types of visa include Tier 1, Tier 5 YMS, Tier 4 DES, PBS dependant, spouse, UK Ancestry

• BRP must be current (i.e. in date)


List B document 3

A Residence Card issued by the Home Office to a non EEA/Swiss national who is a family member of an EEA/ Swiss national or who has a derivative right of residence: • Non-EEA family members of EEA nationals

may obtain permission to work in the UK in the form of an EEA family permit.

• Simply proving relationship with an EEA national (i.e. by presenting a marriage certificate) is not sufficient proof of right to work

• Can be in an expired passport


List B document 4

A current Immigration Status Document containing a photograph issued to the holder with a valid endorsement indicating that the named person may stay in the UK, and is allowed to do the type of work in question, together with an official document giving the person’s permanent National Insurance number and their name issued:

• This is usually a paper document containing a vignette indicating the holder’s immigration status

• These are no longer issued (since 2012) but some may still be in circulation.

• Evidence of the National Insurance Number must be in the form of an official document (i.e. a National Insurance Card, letter from HMRC, P45 or P60.)


List B document 5

A Certificate of Application issued to a family member of an EEA/Swiss national stating that the holder is permitted to take employment which is less than 6 months old together with a Positive Verification Notice from the Home Office.

• Family members of EEA nationals may apply for a residence card as proof of their right to work in the UK

• Under European law, many of these applicants are permitted to work whilst their application is being considered

• The Certificate of Application must be no more than six months old and must be verified by the Home Office ‘Employers Checking Service’ before the person can commence employment

• Employers checking service https://www.gov.uk/government/publications/employer-checking-service-form-check-employees-right-to-work




















List B document 6

An Application Registration Card stating that the holder is permitted to take the employment in question, together with a Positive Verification Notice from the Home Office :

• Issued to Asylum applicants. • The holder may have restrictions on the

type of work they can do and/or the number of hours they can work.

• The ARC must be verified by the ‘Employers Checking Service’ before the person can commence employment.

• Employers Checking Service https://www.gov.uk/government/publications/employer-checking-service-form-check-employees-right-to-work




















List B document 7

A Positive Verification Notice issued by the Home Office Employer Checking Service to the employer or prospective employer, which indicates that the named person may stay in the UK and is permitted to do the work in question:

• Issued when an employer cannot re-check right to work of an existing worker because the person’s passport and visa are with the Home Office in relation to an outstanding application or appeal

• Positive Verification Notice valid for six months

• Employers checking service https://www.gov.uk/government/publications/employer-checking-service-form-check-employees-right-to-work




















Not sure?

Ask us!


RTW process for different employee / worker categories


Employees, casuals & Tier 5

• Right to work check must be completed before work starts – report to relevant HR/ admin person on first day before starting work

• No statutory excuse if right to work check is done after work starts and person is found not to have right to work

• Processes must be in place within each college to sufficiently manage right to work checks for all staff, casuals and relevant visitors (this will be audited)

• Liaise with staff who may take on casuals on the importance of alerting HR before any work is agreed so that a right to work check can be arranged

• Send copies of right to work documents for any Tier 2 or Tier 5 migrants sponsored by the University to SIT

• Keep up to date list of all List B document holders – this includes casuals and Tier 5’s.


Joint appointments

• Right to work check is typically completed and held by the college/department/division with whom the majority contract is held BUT

• Communicate with department/division to agree who has responsibility for the initial right to work check and repeat checks (for List B’s)

• Where the right to work check is held elsewhere (e.g. department/Divisional Office) seek a copy for your records


Employing Tier 4 students •All Tier 4 students who are working (including in fixed term and casual roles) must have a right to work check before the work starts. •All Tier 4 visas have restrictions on hours that can be worked • Visas in out of date passports are not acceptable proof of right to work. Can apply to have visa transferred to Biometric Residence Permit using new passport •From summer 2015, all students coming for more than six months will be issued with temporary visa and be required to collect BRP on arrival in UK •Tier 4 Doctorate Extension Scheme visas are work visas. No restrictions on hours. Do not need to seek evidence of term and vacation dates or the Student Employment Declaration.


Tier 4 students restrictions on hours Undergraduate and Postgraduate Taught students: • Normally work to term dates • Usually restricted to 20 hours per week during term time (no restrictions during

vacations) Graduate Research students: • Have year round study commitments • Generally should not work in excess of 20 hours per week • Where a graduate student (who is a Tier 4 visa holder) wishes to work beyond 20

hours per week, they must provide written permission from their supervisor. Template supervisor permission letter at http://www.admin.ox.ac.uk/personnel/recruit/preempcheck/compulsorychecks/righttowork/addstudent/

For non-Oxford PGR Tier 4 visa holders – check their terms of study (will need written permission from the HEI that they can work and that they are on vacation and have no study commitments if you want to employ in excess of 20 hrs per week)

http://www.admin.ox.ac.uk/personnel/recruit/preempcheck/compulsorychecks/righttowork/addstudent/



Employing Tier 4 students Right to work check comprises three parts:

1. Check, copy, date, sign etc. Tier 4 visa/ BRP and passport – make sure the visa does not say that work is prohibited.

2. Seek and retain evidence of term and vacation dates (even if working under 20 hours) – check whether they are currently on vacation (and can therefore work full time) or term time (and therefore they are restricted on the number of hours they can work per week). Different evidence required for UG/PGT and PGR

3. Ask student to complete ‘Student Employment Declaration’ and ensure work on offer will not breach maximum permitted hours . Continue to monitor hours worked to ensure they are not employed in breach of their visa restrictions.

Note 1: Make sure you add your Tier 4 students to your list of List B’s Note 2: Tier 4 students can never be ‘self employed’


Employing Tier 4 students

Evidence of term and vacation dates for UG/PGT:

• Printout from the student’s education institution’s website or other material published by the institution confirming its term and vacation dates for the student’s course of study. You must also check the web link to confirm it is genuine, OR

• A letter or email addressed to the student from their education institution confirming term time dates for the student’s course, OR

• A letter addressed to the college from the education institution confirming term time dates for the student’s course.

Evidence of term and vacation dates for PGR:

• For PGR students who do not work to term dates, print a copy of the Student Paid Employment Guidelines at http://www.admin.ox.ac.uk/edc/policiesandguidance/policyonpaidwork

• For non-Oxford PGR Tier 4 visa holders – check their terms of study (will need written permission from the HEI that they can work and that they are on vacation and have no study commitments if you want to employ in excess of 20 hrs per week)

http://www.admin.ox.ac.uk/edc/policiesandguidance/policyonpaidwork


Employing Tier 4 students

Student Employment Declaration : • Check that student is not working elsewhere in excess of their permitted hours

during term time required • Link to form





Employing Tier 2 General visa holders in supplementary work Tier 2 General visa holders may take a supplementary role (in addition to the role for which their visa was issued) under very strict Home Office rules:

• The supplementary work is in the same profession as the job specified on the Certificate of Sponsorship (CoS) e.g. a University Lecturer may take up supplementary teaching for a college; • The supplementary work is in a job which is on the Home Office's 'shortage occupation list'; • The supplementary work is at the same professional level as the job specified on the CoS e.g. a Lecturer can lecture at University level but not further or cchool level ; • The supplementary work is for no more than 20 hours per week; and • The supplementary work is outside the working hours covered by CoS


Employing Tier 2 General visa holders in supplementary work When conducting a RTW check, a copy of the CoS must be obtained. Check the

details of the CoS to ensure it is the same type of work (NB: CoS for research

roles must include teaching in the job description in order for a researcher to take

up supplementary teaching work). Retain a copy of the CoS with the RTW check

documents

Tier 2 Researchers working for the Collegiate University may teach for a college

but only if their CoS includes teaching. If the word teaching is not included, it can

be added by SIT, but the request must come from their sponsoring department or

college.

If in doubt, ask SIT!


Out tutors New system being designed to record RTW for tutors commencing

hopefully in MT 2016. Until then:

• Right to work check not required for out tutors paid through

OxCORT (unless they are students)

• Right to work check not required for out tutors for whom you are

paying their main employing college/department and not the

tutor directly

• Students are not usually regarded as self-employed under HMRC

rules and Tier 4 students are prohibited from undertaking self-

employment so right to work checks are required for all students


Out tutors spreadsheet Colleges are asked to remove all non-students and all students with Tier

4/other limited (List B) visas from the spreadsheet.

Non-students:

• Should not be entered onto spreadsheet

• Paid as self-employed = no right to work check required

Students with permanent (List A) right to work (e.g. British/EEA

passport/Indefinite Leave to Remain):

• Should be entered onto spreadsheet

• Other colleges may rely on this information for right to work

Students with Tier 4/other limited (List B) visa:

• Should not be entered onto the spreadsheet

• Each college must complete their own right to work check before each

new engagement


Junior Deans New guidance has been obtained from the Home Office concerning Junior Deans who are Tier 4 students In all cases where Tier 4 students are employed their weekly working hours must not exceed 20 hours which includes hours worked as a Junior Dean and any other work that they do across all employers. Except in extremely exceptional circumstances, the average number of times that Tier 4 JDs can be called out to deal with welfare and disciplinary matters at night more should not exceed once a week in term time and once a month during the vacation. Where the pattern of frequency of call out regularly exceeds this guidance, alternative arrangements to staffing JD posts should be made. Junior Deans who are Tier 4s may therefore be on-call in case something happens at night and only the time spent dealing with incidents will count towards the 20 hour limit (being on-call in case something happens is distinguished from situations in which those who are on-call at night expect frequent call outs).


Employing Tier 5 visa holders in supplementary work • Tier 5 Youth Mobility Scheme visa holders may work unrestricted • Tier 5 Sponsored Researchers are subject to the same supplementary employment rules as Tier 2 General (see previous slide) • For employment of all other Tier 5 categories, contact SIT as different rules may apply


Repeat engagements of casuals

List A : • May rely on the previous right to work check if you retained copies of the

previous right to work check and the check was carried out less than one year ago.

List B : • Must complete a new right to work check before each new engagement

commences. This applies to all List B document holders (Tier 1, Tier 2, Tier 4, Tier 5, dependant, spouse etc.)

• Some visas carry restrictions on hours/ types of work and you need to check that the new engagement does not breach those restrictions

• The visa holder’s status may have changed (e.g. they may have changed from a dependant to a student in which case they will have new restrictions on their visa)


Common Problems Encountered

The most common problem areas identified in the recent RTW audit were: • Time limited visas & ILR in expired passports • Short Birth Certificates

• Tier 2 visa holders undertaking casual work outside their SOC code

• Evidence of term & vacation dates not included in right to work

documents for Tier 4 students


Summary and process • Right to work required for all employees, casuals and Tier 5 – before work starts • Immigration checks required for Academic, Business and PPE visitors - before visit

starts • Ensure a demonstrable system is in place to record and monitor right to work –

the Home Office may expect to see this • Keep right to work information inside front cover of personnel files for auditing

purposes • Keep an up to date list of List B document holders and expiry dates – include Tier

5s and casuals • Be mindful of the significant risk to the collegiate University and sponsored

students and colleagues of non-compliance • Right to work and immigration is being closely monitored by the Audit and

Scrutiny Committee

Contact Staff Immigration Team with any questions


Questions