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Contacting HR

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Right to work FAQs for departments

Questions

9.  I have a vacancy to recruit for what do I need to consider?

10. I wish to appoint a preferred candidate from outside the EEA or Switzerland what do I need to do?

11. My preferred candidate has been granted a CoS, what happens next?

12. My preferred candidate is from Bulgaria or Romania what do I need to do?
13. My preferred candidate has a post study visa can I appoint them?
14. Can my preferred applicant switch tiers?
15. Can I appoint a current student?
16. I have a current employee who has an existing work permit and needs to transfer to a CoS.
17. I have a current employee who has a tier 1 post study visa and needs to transfer to a CoS.
18. I have a migrant worker who has transferred in under TUPE what do I need to do?
19. Who qualifies as academic visitors, business visitors, sponsored researchers and for periods of sabbatical leave?

20. I have appointed a migrant worker what do I need to consider?
21. Annual checks
22. An employee is dismissed or resigns before the CoS expires what should I do?

 

9. I have a vacancy to recruit for what do I need to consider?

As well as the legal immigration requirements below, all recruitment must comply with UCL‘s Recruitment and Selection policy.

What are the requirements of the Resident Labour Market Test (RLMT)?

In order for UCL to be able to issue a CoS the RLMT must normally be met. The RLMT is used to evidence that no suitably qualified settled worker can fill the job. A settled worker is a person who is a national of the European Economic Area, or Switzerland, or is legally settled in the United Kingdom with permission to work here. To meet the test you will need to consider the following:

Qualification level - The job must be skilled at NQF level 6 or above.

Salary - The occupational codes relevant to the specific job should be consulted for guidance relating to the appropriate salary for the specific role. The minimum salary level for a lecturer post is new entrant £23,800, experienced worker £30,000, so any lecturer employed by UCL would meet this criteria. The minimum salary level for research staff is new entrant £20,300, experienced worker £26,000. In addition there are specific occupational codes that cover a range of other professional and senior administrative roles.

Occupational codes - If the job does not meet the conditions of the specific code of practice, we cannot issue a CoS. You can find the range of codes of practice for sponsored skilled migrants on the Border Agency website here. If you want to employ a migrant to do a job, you must use these codes to check the skill level and appropriate rate for that job, and to find out where you should advertise the job.

Where should the advert be placed?

To be eligible to obtain a CoS all jobs advertised to settled workers must now be advertised:

Lecturing and research roles are eligible for CoS and will normally be advertised on Jobs.ac.uk as well.

How long must the post be advertised for?

Posts must be advertised for a minimum of four weeks (28 days) in order to meet the RLMT.

Advert contents- To complete a RLMT for any job in the tier 2 (General) category, UCL must use the advertising methods permitted by the code of practice for the sector or job.
The advertisement must include:

Situations where the RLMT does not have to be met

Occupational shortage list - You do not have to complete a RLMT before sponsoring a migrant under the tier 2 (General) category if the job is on the shortage occupation list which can be downloaded here: Occupational shortage list.

Named researchers - Named researchers pass the resident labour market test as they will not be filling established posts or displacing resident workers.
Named researchers are defined as those whose employment is linked to specific research grants awarded to Higher Education Institutions or Research Institutes by external organisations. They will be named specifically on the research grant because their knowledge and expertise in the relevant field means they are the only person able to undertake the research. If they are unable to come to the UK the research grant would be cancelled.

You must provide to HR a copy of the grant papers naming the individual to demonstrate that the resident labour market test has been met.

Salary of £152,100- positions attracting a salary of £152,100 or more are exempt from the RLM

Tier 1 post study visas- If an existing employee with a post study visa has been employed for a minimum of 6 months the RLMT does not need to be met.

Tier 2 (General - recent graduates) – This route is open to recent graduates with a Bachelors, Masters, PhD, PGCE or PGDE qualification.

Who can I interview?

You should interview the candidates who best meet the shortlisting criteria irrespective of their current right to work status.

What checks do I need to follow at the interview?

All applicants’ right to work documentation must be checked at the interview stage. Please see the right to work guidance for managers for further information.

How can I ensure that I have all the relevant documentation to prove the RLMT has been met?

The RLMT requires that we provide evidence that the post was advertised correctly and that only a non settled worker could undertake the position. To demonstrate this accurate recruitment notes and records must be kept showing that the unsuccessful applicants did not meet the person specification on paper and/or at interview. If you follow the requirements of the UCL recruitment and selection policy carefully this will ensure you have all the correct details.

How long must recruitment records be kept for?

All records relating to recruitment must be kept for 12 months before being destroyed. This is a requirement to meet the RLMT. If the successful applicant requires a CoS their records will be kept for the duration of their employment.

10. I wish to appoint a preferred candidate from outside the EEA or Switzerland what do I need to do?

How can I check whether the applicant could be eligible for a CoS?

If an applicant does not have the right to work in the UK we will need to consider an application to issue a CoS. The UKBA points calculator self assessment facility can be used to check whether the migrant worker would be likely to obtain sufficient points to be eligible under Tier 2.

Where is the application form for the CoS?

Please complete the CoS application form using this guidance. The form will need to be returned to the HR Assistant contact within HR Consultancy who will process the application.

What documents do I need to send alongside the CoS?

You must fully complete the information requested in questions 37 and 38 of the application form on the number of applicants who are settled workers and reasons why they were not shortlisted and the number of 'settled' applicants who were shortlisted and reasons why they were not appointed and attach:

References/statements should be on headed notepaper and verify the applicant'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 must be signed by the author.

If they are not in English, please send translations. For certain professions where the applicant has to be registered with a UK professional organisation, for example, GMC, NMC, GDC and RCVS, please provide the applicant's registration number - this is acceptable instead of references/statements from previous employers, including date checked and expiry date.

What function does the Human Resources Assistant perform?

Upon receiving the completed application form for a CoS and appropriate documentation HR Consultancy will assess the application within a two week period. This assessment includes both that the request meets the UK Border Agency requirements and whether we can issue an unrestricted CoS or whether we need to apply for the UK Border Agency for a restricted CoS. Your departmental HR Consultancy contact can also help you with any specific queries you may have on the process and will provide guidance on the next stages if a CoS is granted.

What is the difference between a restricted Cos and an unrestricted CoS?

Restricted

This is for all out of country/new applications and Tier 4 dependants switching to a Tier 2 sponsorship in their own right.. There are 20,700 places per annum, nationally, allocated on a monthly basis. Each request must be approved by the UKBA before a CoS is issued locally.

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 a points matrix based on qualification and salary.

Unrestricted

There is no annual limit set against this category. UCL will be allocated a number of CoS on an annual basis by UKBA and these will be issued by the HR Department, subject to meeting the criteria
 
Unrestricted category includes:

11.  My preferred candidate has been granted a CoS, what happens next?

What will happen after the CoS is granted?

Once a CoS is issued HR Consultancy will be in contact with the individual to give advice on what the next steps are. When a CoS is issued the applicant will need to take this to their Embassy or Overseas Diplomatic post (out of the UK) or UK Border Agency (in UK) to continue the points based assessment. As part of this assessment the applicant will need to meet a maintenance check and provide evidence of meeting the English language requirement.

Who will pay for an individual’s leave to remain visa?

It depends on the situation. If the person is in country then UCL will normally pay for the further leave to remain postal application for the person. Dependents will not be paid for by UCL.  Higher cost 'in person' applications will be paid for by the person. If the person is applying for a visa from outside the UK they will need to pay the costs of the application themselves. See UCL Policy on the Payment of immigration costs

What funds are required for the maintenance check and how long must they be held for?

Evidence needs to be provided that the applicant has ££900 available funds which must have been held for a minimum of three months immediately before the date of application. They will also need evidence of £600 per dependent who is accompanying them which must have been held for the same time period.  HR can provide a letter to underwrite maintenance up to £900 for an applicant. (Rates will be reviewed annually by the UKBA).

What documents are required as proof for the maintenance check?

Only the following specified documents will be accepted as evidence of proof of funds:

Can UCL give a salary advance to cover the maintenance check?

UCL will not make a salary advance to make enough funds available to cover the maintenance check, but they will underwrite an applicant in order for them to meet the maintenance check.

If required, will UCL underwrite an applicant's dependents for them to meet the maintenance check?

UCL will not normally underwrite any dependents of an applicant to meet the maintenance check. The applicant would need to meet the funds required for this.

How can a migrant prove they have the necessary standard of English?

There are three ways that an applicant can meet the English Language requirement of the points based system:

1) Be a national of a predominantly English speaking country. Nationals from the following countries automatically meet the English language requirement:  Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; The United States of America.

2) The migrant can pass an English language test. This has been upgraded to intermediate level B1 on the Common European Framework of Reference for languages.

3) The migrant holds a degree that was taught in English and is equivalent to a United Kingdom Bachelors degree or above.

Where can an English language test be taken?

See the UKBA website for a  list of approved tests.   

Who pays for the English language test?

The migrant will need to pay for any English language test they need to undertake.

12. My preferred candidate is from Romania or Bulgaria what do I need to do?

Romanian and Bulgarian nationals require a work permit to be appointed. The department will need to complete a WP1 application form for a work permit and submit it along with the supporting documentation described in section 39 of the form to their HR Assistant contact. Further information and the forms that need to be completed can be found here.

13. My preferred candidate has a post study visa can I appoint them?

Yes a post study visa in not job specific and a visa holder can undertake any type of work (with only limited exceptions). Providing the applicant gives evidence of holding the visa they can be appointed to the position without having to apply for a CoS. The post study visa will last for a maximum of two years and once employed the staff member should transfer to another tier as soon as they are eligible. This category is now closed to future applicants.

14. Can my preferred candidate switch tiers?

See general information (4).

15. Can I appoint a current student?

Possibly. Students on a Tier 4 visa sponsored by and studying directly with higher education institutions will retain the current level of permission to work 20 hours pw during term time, where taking courses at degree level or above and 10 hours pw for students undertaking courses at below degree level. All students studying directly with higher education institutions will be able to work full time during vacations.

Students on a Tier 4 visa, at a publicly funded further education college studying may only work 10 hours pw during term time and full time during the university vacation period.

Students not studying at a higher education institution or a publicly funded further education college will not be granted permission to work at any time during their studies.

Departments must check the level and provider of the student's course before appointing and confirm on SiP.

16. I have a current employee who has an existing work permit and needs to transfer to a CoS.

An employee who currently has a valid work permit with UCL can apply for a CoS under the transitional arrangement. This means that the RLMT will not have to be met and the post will not have to be advertised. To be eligible the employee must:

If the applicant is not eligible under the transitional arrangements they must apply using the full points based system. Guidance about transferring from a work permit to a CoS can be found here. The application form should be completed three months prior to the current leave of remain expires. The form can be found here.

17. I have a current employee who has a tier 1 post study visa and needs to transfer to a CoS.

A current UCL employee who has been working in their current job for at least 6 months can claim 30 points if they have clearance and are transferring from:

The RLMT will not need to be met in these cases and the post will not have to be advertised. To transfer from one of these categories to tier two the department would need to complete the application form for a CoS and return it to the relevant HR Assistant from HR Consultancy who will process the application. Upon receiving their CoS the employee will need to provide evidence that s/he has worked for UCL for at least six months prior to his/her application. Only the following list of documents will be valid:

EITHER

i) Payslips
These should be either formal payslips or on UCL headed paper. If payslips are not on headed paper then a print out will need to be signed and stamped by your HR Consultancy contact.

OR

ii) Personal bank or building society statements covering six full consecutive months

OR

iii) Building society pass book covering the previous six month period immediately before the application

18. I have a migrant worker who has transferred in under TUPE what do I need to do?

In cases where the migrant worker has an existing work permit or CoS the RLMT will not have to be met. However you must inform your HR Consultancy contact immediately as they will need to pass on the details to the UK Border Agency.

19. Who qualifies as academic visitors, business visitors, sponsored researchers and for periods of sabbatical leave?

What is the application process?

To be eligible to qualify for entry as an academic visitor the migrant involved must be either a:

In addition they must:

However, it is not mandatory for non-visa nationals seeking leave to enter for six months or less. For information on which nationalities require a visa please click here.
A person who wishes to come to the United Kingdom solely to undertake a series of lectures for which they will receive a fee will normally be required to seek entry under Tier 2 of the Points Based System. Academics may, however, be eligible to enter as a mainstream business visitor (see business visitor section below) for a maximum of 6 months if they are coming to participate in a conference, seminar or lecture where it is a single or occasional event, and the event is not a commercial venture.

Who qualifies as a business visitor? What is the application process?

Visa nationals wishing to come to the United Kingdom on business for up to six months must apply for a dedicated new business visa and prove they will be carrying out one or more of the following activities:

Visa nationals can apply for a business visa using this form. Non visa nationals are not required to gain prior entry clearance. For information on which nationalities require a visa please click here.

Academics may be eligible to enter under the permitted paid engagements route.  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.

Who qualifies as a sponsored researcher? What is the application process?

Though not exhaustive this category is for the following groups of people:

For further information and the application form for a sponsored researcher please contact your HR Assistant contact within HR Consultancy.

20. I have appointed a migrant worker what do I need to consider?

How do I monitor a migrant worker?

UKBA requires employers to monitor migrant workers and has outlined a number of reporting duties. Recruiters/Line Managers are required to report the following to their HR Consultancy contact:

If an employee's leave to remain expires UCL will have no choice but to dismiss that employee.

21. Annual Checks

Anyone who provides documentation from List B right to work documents departmental guidance must have their documents checked annually by HR. HR will contact the individual and the DA to remind them of this requirement.

22. An employee is dismissed or resigns before the CoS expires what should I do?

You must inform your HR Consultancy contact who will need to inform the UK Border Agency of the change.