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?