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Points-Based Immigration System responsibilities

Understand your responsibilities under the Points-Based Immigration System.


Procedure


The following responsibilities are a statutory requirement upon the University. Failure by any employee to adhere to the following guidelines may result in disciplinary action.

We may be subject to an audit by UK Visas & Immigration (UKVI) at any stage, and they may ask to contact any member of staff to validate our processes. Therefore, it is important that all parties are aware of their responsibilities.

Sponsored worker responsibilities

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. If your application is refused, you must let your HR Co-ordinator know immediately, as we will need to notify UKVI as part of our reporting obligations.

You must have a National Insurance Number and 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. This includes your:

  • residential address

  • telephone number

  • mobile telephone number

  • personal email address

These details should be kept up-to-date on Employee Self-Service.

Absence

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.

Other conditions

You do not have access to state benefits (see pages 19 to 22).

If applicable, you must register with the police within the required timeframe and report any changes to the police, as required. If you are required to register with the police, it should be stated on your visa or BRP, or in a letter from the Home Office.

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 or if the details listed are incorrect or change you must report it to the Home Office.

You are no allowed to start-up or run a business.

Line manager responsibilities

The designated line manager must inform Human Resources (HR) immediately at hr-visas@bath.ac.uk if there are any changes in the status of the sponsored worker. In particular, if they:

  • don't 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 four weeks and this absence is not covered by any of these exceptions or one of the following unpaid leave reasons:

    • 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, you must report this to the police

HR responsibilities

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 previously detailed
  • 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 on this page 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 at hr-visas@bath.ac.uk.

Enquiries

If you have any questions, please contact us.


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