Points-Based Immigration System responsibilities
The following responsibilities are a statutory requirement upon the University and failure by any employee to adhere to the following guidelines may warrant disciplinary action.
The University may be subject to an audit by UK Visas & Immigration (UKVI) at any stage, at which point they may ask to contact any member of staff to validate our processes, so it is important that all parties are aware of their responsibilities.
Responsibilities of the sponsored worker
If there is anything that changes or affects your immigration status you must inform the University immediately.
If your visa application is refused, you will receive a letter or an email explaining why it has been refused. You must let your HR Co-ordinator know immediately if your application is refused as the University will need to notify UKVI as part of its reporting obligations.
You must have a National Insurance Number and to ensure that your salary is paid into a bank account held in your own name.
You must keep the University informed and updated on any changes to your contact details.
mobile telephone number
personal email address
You must agree any leave of absence with your line manager and it must be recorded via iTrent.
"Training & Conference" is the appropriate reason for recording your activities on iTrent whilst overseas away from the University.
If you are spending any time working away from the University campus or your normal base, you must record this on iTrent.
You do not have access to state benefits; (see pages 19-22)
If required, you must register with the police within the required timeframe and report any changes to the police, as required (it should be stated on your visa or BRP, or in a letter from the Home Office, whether you are required to register with the police)
If required, you must collect the Biometric Residence Permit (BRP) from the designated Post Office within 10 days of arrival in the UK
If your BRP is damaged, faulty, lost, or stolen and if the details listed are incorrect or change you must report it to the Home Office
You are unable to start-up or run a business
Responsibilities of the line manager
The designated line manager must inform Human Resources of any changes in the status of the sponsored worker immediately. In particular, if they:
do not turn up for their first day of work at the expected time. The UKVI report must be provided within 10 working days and must include any reason given by the individual for their non-attendance (for example a missed flight)
are absent for work for more than 10 consecutive working days without permission. In this case, the UKVI report must be provided within 10 working days of the 10th day of absence
are absent from work without pay for more than 4 weeks and this absence is not covered by any of the exceptions listed here or one of the unpaid leave reasons below:
- statutory maternity leave
- statutory paternity leave
- statutory parental leave
- statutory shared parental leave
- statutory adoption leave
- sick leave
- assisting with a national or international humanitarian or environmental crisis, provided you agreed to the absence for that purpose
- taking part in legally organised industrial action
are suspected to be engaged in terrorism or criminal activity - if you have any information that suggests the individual is engaged in this type of activity this needs to be reported to the police.
Responsibilities of the Department of Human Resources
HR must inform UKVI of any changes in the status of the sponsored worker within 10 working days, in particular:
any notifications received from the line manager, as detailed above
if a sponsored worker’s contract of employment is terminated (including where the individual resigns or is dismissed). Such a report should include the contact details of the individual and the name and address of any new employer or institution that the individual has joined if the sponsor is aware of this
if the sponsor stops sponsoring the individual for any other reason (for example, if the individual moves into an immigration category that does not require a sponsor)
if there are any significant changes in the individual’s circumstances, for example, a promotion or change in job title or core duties (but not annual pay rise) or if the duration of employment is reduced
a reduction in salary from the level stated on the individual's Certificate of Sponsorship (CoS)
the location an individual is employed at changes – this includes where an individual is working at a different client’s site
if an individual's employment is affected by TUPE or similar protection
Further information and support
The guidelines above are an abridged version of guidelines from the UKVI
The rules and regulations pertaining to immigration can be complex. If you are in any doubt about any aspect of the above, please contact the Staff Immigration Team.