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Immigration
Points Based System and Certificates of Sponsorship
The government introduced a new Points Based System (PBS) in November 2008 that determines the rules for people seeking to work in the UK. In line with the Government’s stated intention to reduce net immigration levels significantly, new rules apply from 6 April 2012, which further limit mobility. Immigration policy and processes in the UK are managed and directed by the UK Border Agency (UKBA). Further revisions are anticipated to come into effect on the 14th June 2012.
This guidance is intended to help you understand the immigration routes available to prospective employees and eligibility. See under ‘departmental guidance and responsibilities’ for the processes to be followed when applying for sponsorship and visas under Tiers 2 and 5.
Tier 1 – Exceptional Talent Route
The Tier 1 (General) highly skilled worker is no longer available. This was replaced on 9 August 2011 by a new exceptional talent route, with a limit of 1000 places per annum, nationally.
The Application Process
The following steps provide an overview of the application process:
- The applicant requests a Tier 1 (Exceptional Talent) Unique Reference Number from the UK Border Agency. This request must state the appropriate Designated Competent Body (see below) they request to endorse the applicant.
- The UK Border Agency will provide the applicant with a Unique Reference Number, if there are places available within the limit for the selected Designated Competent Body.
- The applicant can then make an application to the UK Border Agency, together with the Unique Reference Number and supporting documents. Please note – the application must be submitted to the UK Border Agency Visa Services, not directly to a Designated Competent Body.
- The UK Border Agency will send the relevant documentation to the applicant’s chosen Designated Competent Body who will advise the UK Border Agency whether the applicant meets their endorsement criteria
- The UK Border Agency will then consider the application, taking into account whether the Designated Competent Body has endorsed the applicant, make the decision and notify the applicant of the result.
Competent Bodies
The following competent bodies will advise the UK Border Agency on these 'exceptionally talented' migrants to ensure that they are the brightest and best in their field:
- the Royal Society, a fellowship of the world's most eminent scientists, will be able to nominate up to 300 places;
- Arts Council England, the national development agency for the arts, will also be able to nominate up to 300 places;
- the Royal Academy of Engineering, Britain’s national academy for engineering, has up to 200 places to nominate; and
- the British Academy, the national academy for the humanities and social sciences will be able to nominate up to 200 places
There is no single definition of "exceptional talent". Each Competent Body has set the criteria it will operate to select those who will qualify for endorsement and its procedures for receiving and processing requests.
The criteria applied by each of the Designated Competent Bodies when deciding whether a particular applicant is "exceptionally talented" are published on the UK Border Agency website.
The Exceptional Talent visa will only be available to those applying from outside the UK. Applicants will not be able to switch from other Tiers.
For further information see the UK Border Agency website
From 5 April 2012 the Tier 1 (Post Study Worker) route closed to new applications.
Where permission has been granted to stay by the UKBA, post-study workers can look for work without needing to have a sponsor. UKBA expect that such persons will switch into another tier of the points-based system as soon as possible.
From April 2012: Recent graduates will be able to apply for jobs with a Tier 2 approved sponsor. See under Tier 2 Recent Graduates
Tier 1 - Graduate Entrepreneur Scheme
A new Tier 1 (Graduate Entrepreneur) scheme is currently being introduced. This is for those students who have been identified by UK universities as having developed world class innovative ideas or entrepreneurial skills, but who are not yet in a position to meet the full requirements of the Tier 1 (Entrepreneur) route. This will allow them to develop their businesses in the UK.
This route will be subject to a limit of 1000 places pa nationally.
The scheme will be open to all HEIs which are Highly Trusted Sponsors for the purposes of Tier 4 of the points-based system, and A Rated for the purposes of Tier 2. The process for HEI participation is yet to be announced. When full details are known and processes approved it will be managed through the Registry, as an extension of our Tier 4 (Student) licence.
This route is for people being sponsored by UCL to fill a genuine vacancy that cannot be filled with a suitably qualified or skilled settled worker to undertake a specific skilled job role in line with the Resident Labour Market Test (RLMT). UCL will issue a certificate of sponsorship (CoS) to each sponsored person. To be issued with a valid visa by the UK Border Agency (UKBA), the applicant must then demonstrate they also meet English language requirements at intermediate level B1 on the Common European Framework of Reference for languages and have sufficient maintenance. Maintenance is currently set at £800 + £533 per dependent to have been in the individual’s bank account for 3 months prior to the application. This will increase on 14 June to £900 + £600 per dependent.
To fulfil the criteria to issue a CoS the post must be either on the shortage occupation list or the RLMT must be met (except for posts attracting a salary of £150k+, named researchers on a grant or recent graduates). As part of the new RLMT we must also confirm that the post is on the graduate occupations list and the minimum salary requirements for the post are met (£20k pa or as specified in the relevant occupational code).
From 14 June 2012, it is intended there will be the following relaxations to the RLMT (subject to final Government approval):
- Jobs that are paid more than £70k or specified PhD level occupations will still have to be advertised (in at least one medium as specified in the relevant Code of Practice), but not in Jobcentre Plus
- Managers may select the best candidate, regardless of whether they are a resident worker, for vacancies in PhD level occupations only. This is a change to the current RLMT where a suitably skilled settled worker must be appointed.
- For PhD level posts only, the period for which the RLMT is deemed to have been satisfied will be extended from 6 months to 12 months
The specified PhD level occupations and their SoC codes are:
1137 - Research and Development Managers
2111 - Chemists
2112 - Biological Scientists and BioChemists
2113 - Physicists, Geologists and Meteorologists
2311 - Higher Education Teaching Professionals
2321 - Scientific Researchers
2322 - Social Science Researchers
2329 - Researchers not elsewhere classified
From 6 April 2012 a new Tier 2 (General) route will open to recent graduates with a Bachelors, Masters, PhD, PGCE or PGDE qualification. This replaces the previous Tier 1 (Post Study Worker) route. Applicants must have an offer of a skilled job and be paid at least £20,000pa. However, unlike other Tier 2 sponsorships the Resident Labour Market Test (RLMT) does not have to be met. These CoS will be issued from the ‘unrestricted’ category.
Certificates of Sponsorship
There are now two categories of Certificate of Sponsorship (CoS):
Unrestricted
There is no annual limit set against this category. UCL is allocated a number of CoS on an annual basis and these will be issued by the HR Department, subject to meeting the criteria set out above.
Unrestricted category includes:
- Tier 2 migrants extending their stay with their original employer
- Tier 2 migrants with valid leave switching employer
- Those already admitted in another category and switching to Tier 2
- Those filling a vacancy on salary of £150k+
- Recent graduates
This is for all out of country/new applications and dependants of Tier 4 migrants switiching to Tier 2 in their own right. Each request must be approved by the UKBA before a CoS is issued locally.
Limits and Process
There are 20,700 places per annum, nationally, allocated on a monthly basis.
Each month UCL must apply to the UKBA for permission to issue a restricted CoS. If there are 1725 applications or less nationally all will be granted, subject to meeting the criteria. Where more than 1725 applications are received they will be ranked according to the following criteria:
Please see the timetable for submitting requests for restricted Tier 2 CoS.
| Route | Points | Salary | Points |
| Shortage Occupation List | 75 | £20,000 to£20,999 | 2 |
| PHD level posting and RLMT | 50 | £21,000 to £21,999 | 3 |
| RLMT | 30 | £22,000 to £22,999 | 4 |
| £23,000 to £23,999 | 5 | ||
| £24,000 to £24,999 | 6 | ||
| £25,000 to £25,999 | 7 | ||
| £26,000 to £26,999 | 8 | ||
| £27,000 to £27,999 | 9 | ||
| £28,000 to £31,999 | 10 | ||
| £32,000 to £45,999 | 15 | ||
| £46,000 to £74,999 | 20 | ||
| £75,000 to £99,999 | 25 | ||
| £100,000 to £149,999 | 30 | ||
A minimum of 32 points are required. Each application must score points from both of the above columns, but will only receive points for one entry in each column. |
|||
The points structure has been designed to favour shortage occupations and then PHD level posts on lower rates of pay.
Any unallocated CoS will be carried over to the next month for allocation.
Any applications that are not granted, even if they meet the minimum criteria, will not automatically be considered the next month but must be resubmitted.
There is some small flexibility on the part of UKBA around the 1725 allocations per month.
Students at universities and publicly funded further education colleges will retain their current work rights, but all other students will have no right to work for Tier 4 visas issued after July 2011. UKBA have placed restrictions on work placements in courses outside universities.
Students studying at degree level, or above may work 20 hours per week during term time and full time during holidays. Students studying at below degree level may only work 10 hours pw during term time and full time during holidays.
Tier 5 – Sponsored Researchers and Visiting Academics
Though not exhaustive, the definition for Sponsored Researchers is currently:
- Someone who has a job overseas, who is still being paid for that job, has come to the UK to undertake a period of research at an employer/host organisation and the funding for the research remains overseas.
- Someone who has a job overseas, who is still being paid for that job, has come to the UK to undertake a period of research at an employer/host organisation, but the funding is transferred to the UK employer or host.
- Someone who has a job overseas, who is still being paid for that job, has come to the UK to undertake a period of research at an employer/host organisation, but the funding is arranged and paid by the UK employer or host.
- Someone who is on paid sabbatical, comes to the UK to undertake research at a UK employer/host organisation, funding is arranged and paid by the UK employer or host.
- Someone who is on unpaid sabbatical but receives funding from the UK employer or host.
The new Tier 5 Government Authorised Exchange (GAE) arrangements allow HEIs to recruit a Visiting Academic (as distinct from an Academic Visitor!) who will be paid to give lectures, act as an examiner or work on a supernumerary research collaboration and who is required to be in the country for more than one month.
Academic Visitors, or Visiting Academics in the country for less than one month will enter the UK via a new permitted paid engagements route.
Student internships may be covered by this tier, if the following criteria are met:
- the work experience is supernumerary and involves taking part in a research project
- the student receives remuneration in line with the national minimum wage. Unpaid internships cannot be covered through this route.
From April 2012, Tier 5 internships, work experience/exchanges and youth exchanges are limited to one-off stays of a maximum of 12 months.
All other GAE schemes (sponsored researchers, fellowships and training schemes in the fields of science and medicine) will continue to attract up to a maximum 24 months' leave.
To bring Sponsored Researchers or Visiting Academics in through the Tier 5 route departments must complete a CoS5 Application form and return to your HR Assistant contact within HR Consultancy who will provide any further advice and guidance on this route.
Work Permits (Bulgarian and Romanian nationals)
The Workers Registration Scheme no longer exists from 1 May 2011.
However, work permit arrangements will continue for employers wishing to recruit Bulgarian and Romanian nationals. If you wish to appoint a Bulgarian or Romanian national please complete the appropriate Form WP1, WP2 or WP3. Go to work permits
Business Visas (including Academic Visitors)
Visa nationals wishing to come to the United Kingdom on business for up to six months must apply for a dedicated business visa and prove they will be carrying out the following activities:
- attending meetings or conferences;
- arranging deals, negotiating or signing trade agreement or contracts;
- undertaking fact-finding missions, checking details or goods; and
- conducting site visits and promotional activities.
Non-visa nationals will not be required to obtain prior entry clearance for a business visit of up to six months.
For information on which nationalities require a visa visit http://www.ukvisas.gov.uk/en/doineedvisa/visadatvnationals
Academic visitors will be able to visit the UK on the business visa for up to twelve months.
The definition of an Academic Visitor is:
- A person on leave from an overseas academic institution who wishes to come to the UK to make use of their leave to carry out their own private research or exchange information on research techniques. This may include some collaboration with staff at the host university or use of facilities or
- Academics (including doctors) taking part in arranged exchanges e.g. where a university here is collaborating with an overseas university on research and exchanges personnel for some or all of the duration of the project. Any salary should continue to be paid by the academic's own overseas institution; or
- Eminent senior doctors and dentists, (i.e. those considered to be top of their field of expertise) coming to take part in research, teaching or clinical practice.
Academic visitors must:
- Not receive funding for their work from any United Kingdom source (payments of expenses, including travel or honoraria to cover their needs whilst in the UK may be disregarded, as may payments on an exchange basis)
- Not intend to take employment or engage in any work other than the academic activity for which they are being admitted
- Not be filling a normal post or a genuine vacancy
- Not stay in the UK for more than 12 months
- Intend to leave the UK at the end of their visit
- Be able to maintain themselves and any dependants without having recourse to public funds (or be adequately maintained and accommodated by relatives or friends)
- Be able to meet the cost of the return or onward journey from the UK.
From April 2012, the UKBA have created a new route for permitted paid engagements under the visitor rules for a limited group of professionals who are invited to come to the UK because of their particular skill or expertise. Permitted activities will include visiting to give a lecture, examining students and participation in or chairing selection panels. Entry will be restricted to one month. Visits of longer than one month to undertake paid activity will require sponsorship under Tier 2 or 5.
Visitors under this route will require a formal letter from UCL outlining the work to be undertaken and the dates of the engagement.
The youth mobility scheme is for young people from participating countries who would like to come and experience life in the UK.
The countries in the scheme are:
- Australia
- Canada
- Japan
- New Zealand
- Monaco
Nationals of one of these countries, may be able to come to the UK under the youth mobility scheme. Their national government will be their sponsor.
British overseas citizens, British overseas territories citizens and British nationals (overseas) can also apply under the scheme, and do not need a sponsor. There are no limitations of the balance of work and travel under this visa.
Employees on Tier 1 sponsorship (legacy general or exceptional talent) will continue to be able to apply for settlement/indefinite leave to remain (ILR) after 5 years. Tier 1 migrants will also be able to extend their temporary leave as now.
To be able to apply for settlement /ILR Tier 2 general migrants will be subject to a minimum settlement pay threshold of either £35,000 p.a. or the appropriate rate for their job as set out in the UK Border Agency Codes of Practice, whichever is higher.
Those in specified PhD level occupations (see below) and in shortage occupations will be exempt from the minimum £35,000 pay threshold, but must still be paid the appropriate rate.
PhD occupations:
1137 Research and Development Managers
2111 Chemists
2112 Biological Scientists and Research Chemists
2113 Physicists, Geologists and Meteorologists
2311 Higher Education teaching Professionals
2321 Scientific Researchers
2322 Social Science Researchers
2329 Researchers not elsewhere classified
All Tier 2 temporary leave will be capped at a maximum of six years (three years leave to enter plus three years extension).
To prevent repeat grants of Tier 2 temporary leave, those who leave the UK will not be able to re-apply for entry clearance as a Tier 2 migrant until 12 months after their last leave as a Tier 2 migrant has expired. This is referred to by the UKBA as ‘the cooling off period’.
The new rules will be applied to those eligible to apply for settlement from April 2016 (i.e. those who entered the points-based system after the Immigration Rules changed on 6 April 2011).
People applying for settlement may do so after 5 years and before 6 years. They will need to continue to meet settlement criteria, which includes: a test of the migrant’s knowledge of language and life in the UK, to be free of unspent criminal convictions, to have certification from UCL of their continued employment. HR will provide such a letter.
The government has yet to confirm whether dependants will also be required to meet knowledge of language and life in the UK tests at the time of application for settlement. A further announcement is expected.
Maintenance requirements will be increased across the board from 14 June 2012 to reflect increased cost of living since 2008, when they were first set. In future these will be reviewed annually. The new rates are:
| Tier | Category | Main applicant | Dependant |
| Tier 1 | Graduate Entrepreneurs and legacy General | £3,100 entry clearance £900 leave to remain |
£1,800 dependants of migrants who have been in the UK less than 12 months £600 all other dependants |
| Exceptional talent | Exempt | Exempt | |
| Tier 2 | £900 (A rated sponsors may certify maintenance) |
£1,800 dependants of migrants who have been in the UK less than 12 months £600 all other dependants |
|
| Tier 5 | Temporary workers | £900 (A rated sponsors may certify maintenance) |
£1,800 dependants of migrants who have been in the UK less than 12 months £600 all other dependants |
| Youth Mobility Scheme | £1,600 | £1,800 |
Departmental Guidance and Responsibilities
Certificate of Sponsorship – Departmental guide to completing forms
Form CoS1 - applications for new employees (restricted or unrestricted). See guidance.
Form CoS2 - for extension applications (unrestricted). See guidance.
Form CoS3 - for transition from a work permit (unrestricted). See guidance.
Form CoS5 – for Sponsored Researchers or Visiting Academics. See guidance.
Please read the information on departmental responsibilities on checking the right to work, both at the time of initial recruitment and annual checks. Please contact your HR Consultancy Team contact if unclear.
The HR forms should be completed by the department (e.g. HOD, DA, PI, etc) not the individual concerned (CoS applicant).
HR forms should be emailed to your HR Assistant in the HR Consultancy Team. The signed form and all supporting documents must then be delivered to the HR Consultancy Team 10th Floor, 1-19 Torrington Place
When the CoS is issued the applicant will need to take this to their Embassy or Overseas Diplomatic post (out of the UK) or UKBA (in UK) to continue the points based assessment.
It is illegal to employ staff who do not have the right to work in the UK. No one must start until they have full entry clearance / further leave to remain from the UK Border Agency. It is imperative that any extensions to CoS or transfer from work permit to CoS is undertaken in a timely manner to ensure continued employment. Contracts will be terminated immediately if permission to work expires.
If an applicant does not have the right to work in the UK we will consider an application to issue a CoS.
Unrestricted CoS requests to be made to HR Consultancy in line with the process below.
Restricted CoS requests to be made to HR Consultancy in line with the process below AND in line with the monthly HR Consultancy deadlines. The request must include the requisite UCL CoS application form, and any other supporting paperwork and information, for this to be processed in the relevant month. If the case is incomplete (or unclear), and it cannot be reasonably addressed before the UKBA deadline, the case will be held over to the next month.
UCL can apply for a CoS up to three months ahead of the planned start date
Before we can sponsor a skilled migrant, we need to check that the job we are sponsoring them to do meets the conditions of the sponsored skilled worker tier:
the post applied for is on the national shortage occupation list , or
- the job must be skilled at NQF level 4 or above (from 14 June 2012 the level will rise to NQF level 6) and on the graduate occupations list; and
- the job must be paid at the appropriate rate or above; and
- we must normally* have carried out a resident labour market test for the job, using at least one of the methods listed in the relevant code of practice, before sponsoring a migrant.
If the job does not meet the conditions of the code of practice, we cannot issue a certificate of sponsorship.
* you are not required to provide proof of advertising in the following circumstances:
- The person is a named researcher on a grant. You must in this instance provide evidence of the conditions of the grant.
- The salary for the post is £150k or more
- The person has permission to stay as a post study worker under Tier 1; and
- Wants to switch to tier 2;
- Has been employed in the UK for at least 6 months with a CoS from UCL;
- Has been working in the same job before they applied for the post
- The person meets the criteria as a recent graduate
However the qualification and salary criteria must still be met. Further changes to the RLMT will come into effect on 14 June 2012 (see Tier 2 - Skilled Workers section)
What supporting documents must I submit?
Where it is necessary to meet the resident labour market test, you must fully complete the information requested in Q37 and Q38 on:
- the number of applicants who are settled 1 workers and reasons why they were not shortlisted
- the number of ‘settled’ applicants who were shortlisted and reasons why they were not appointed
and attach:
- Full recruitment pack, including all applications and expressions of interest received
- Job description and person specification
- proof of placement and copy of advertisements (please quote HR job ref no) search
- all panel notes from the interview
- Applicants CV
- Evidence of how the applicant meets any:
- Qualification or professional membership requirements for the post
- professional registration requirements for the post (please confirm how the registration was verified and expiry date)
- signed references from past employers
- proof of funding (if named researchers on a grant)
References/statements should be on headed notepaper and verify the person's relevant work experience. References/statements that only describe the person to be of good character are not appropriate. They must give the start and finish dates, details of the work and any experience that makes the person qualified to do the job. Emailed references/statements are not appropriate as they should be signed by the author.
If they are not in English, please send translations.
For certain professions where the person has to be registered with a UK professional organisation, for example, GMC, NMC, GDC and RCVS, please provide the person's registration number - this is acceptable instead of references/statements from previous employers, including date checked and expiry date.
This documentation will be kept by the HR department for the duration of the migrant’s sponsorship, in line with UK Border Agency requirements.
CoS 2 – Extension to an existing CoS
You are not required to readvertise the post and meet the resident labour market test to satisfy an extension to a CoS.
The process for applying for an extension is:
- the employee do a self-assessment online using our points-based calculator , to find out if they are likely to score enough points.
- fill in the application form
- send it to HR Consultancy with the required supporting evidence.
If the employee wishes to submit any dependant applications at the same time as their own application, they are encouraged to send both application applications in the same envelope.
HR will pay the application fee for the employee, but the employee will need to pay for any dependant applications. If the employee wishes to submit an in person application directly to the UK Border Agency (i.e. not through UCL HR) the individual is responsible for paying all application fees in full.
CoS 3 – Transition from Work Permit to CoS
Please ensure this form is completed in a timely manner – ideally three months before the current leave to remain expires.
You are not required to readvertise the post and meet the resident labour market test to satisfy a transition to a CoS.
Employees can apply under the transitional arrangements if you have permission to stay in the following categories at the moment:
- qualifying work permit holder;
- skilled worker category (Tier 2 General) if you applied under the transitional arrangements.
You must not have currently been in the United Kingdom for a total time of five years or more.
You must continue to be working for the same employer doing the same job.
You cannot apply under the transitional arrangements if you are currently here and want to extend your stay:
- on a multiple entry work permit. You should apply as you would an initial application from your normal country of residence and meet the requirements of the tier and category you apply under; or
- under the training and work experience scheme arrangements;
- under the sectors based scheme.
What are the transitional arrangements?
The transitional arrangements are that you apply under tier 2 without having to meet the requirements for the tier, but you must:
- have a certificate of sponsorship from a licensed sponsor;
- have the certificate confirm the job is at NQF level 4 or higher; and
- be paid the correct salary for the job.
CoS 5 – Sponsored Researchers or Visiting Academics
Before we can sponsor a Sponsored Researcher or Visiting Academic, who does not have the right to work in the UK, we need to check that the job we are sponsoring them to do meets the Tier 5 conditions before issuing a CoS. We do not have to undertake a Resident Labour Market Test or meet other specific conditions to engage someone.
What supporting documents must I submit, alongside the CoS5 form?
- CV
- Copy of Highest Qualification Certificate
- Honorary appointment (no fee from UCL) or Affiliate Academic form (fee from UCL)
- Photocopy of the passport
For sponsored researchers,
- written evidence of sponsor arrangements with the host organisation.
For Visiting Academics (academics giving a lecture or external examiners),
- a formal offer of work. Please attach the confirmation of work letter generated by Registry to the application form.
For paid student internships which come under the supernumerary research criteria,
- an outline of the research project and a signed UCL internship agreement form.
For certain professions where the person has to be registered with a UK professional organisation, for example, GMC, NMC, GDC and RCVS,
- the person's registration number.
This documentation will be kept by the HR department for the duration of the migrant’s sponsorship, in line with UK Border Agency requirements.
Monitoring migrant’s attendance
It is a UK Border Agency requirement that UCL monitor attendance for all migrants that we sponsor. This includes:
- Attendance on day one
- Any absences of more than 10 working days that have not been authorised
UCL are required to notify the Border Agency under these circumstances, plus any changes to the migrant’s role or sponsored status including where the migrant leaves employment with UCL. Please inform your Senior HR Consultant if you believe there may be an attendance breach and HR will liaise with the UKBA.
In order to assure ourselves that we are aware of when a sponsored migrant is absent for more than 10 working days they are required to
- either maintain one of the two UCL electronic diary systems (i.e. to keep up to date any times when they are away from their desk / normal place of work) and ensure their Manager or DA (or other designated person) has viewing access, or
- maintain another agreed local notification system
Please note on the form if the applicant will use the diary or other agreed system (please state what this will be)
For further information on the Points Based Scheme go to UK Border Agency website.
For further information on the Prevention of Illegal Working go to UK Border Agency website.