Visa and Immigration

Guidance on Immigration for job applicants

Under UK legislation, all non-EEA migrants are required to hold a valid visa to lawfully reside in the UK; whether this is leave to enter, leave to remain or indefinite leave to remain.  This guide will provide all necessary information that is required in order to apply for visa to work for the University of Abertay and other necessary steps during the recruitment process.

General information for applicants

The UK Immigration Rules outline how an individual may enter, work in and remain in the UK.  The Points-based System is part of the Immigration rules which currently regulates a non-EEA migrant’s right to work within the UK and specifically, under the Tier 2 visa route.  There are other routes available which allow you to work but this guidance will focus on the Tier 2 visa route.

There are five tiers that are available under the Points-based Immigration system but only four are currently used by the UK Government.  This guide will cover in detail the requirements for Tier 2: Skilled Workers and switching from Tier 4 (student) visa to Tier 2 visa.

Recruitment through Tier 2

In order to recruit a foreign worker, the employer must hold a Sponsor Licence.  There are two types of sponsor licences available: Tier 2 - skilled workers with long-term job offers and/or Tier 5 - skilled temporary workers licence.  Employers are permitted to hold either tier or both licences.  University of Abertay currently holds both Tier 2 and 5 sponsor licences.

Once the employer is satisfied that the foreign worker is the best candidate and is eligible to apply, they will provide the foreign worker with a Certificate of Sponsorship (CoS).  The foreign worker requires a CoS to apply for Tier 2 visa.  There are four Tier 2 categories:

  • Tier 2 (General) visa;
  • Tier 2 (Intra-Company Transfer) visa;
  • Tier 2 (Minister of Religion) visa; and
  • Tier 2 (Sportsperson) visa

The University of Abertay holds a Tier 2 (General) Visa sponsor licence.

During the recruitment process there will be checks to prove that the foreign worker is permitted to work in the UK. The current Tier 2 (General) visa require the employer to meet the requirements of the resident labour market test (RLMT) before assigning a Certificate of Sponsorship, or confirm if an exemption from the RLMT applies.

The requirements that an individual needs to meet in order to successfully apply for Tier 2 can be found at UKVI (UK Visas and Immigration) website.  However, it is advised that each applicant seek legal advice before submitting an application under the Tier 2 (General) visa route.

 

Recruitment through Tier 4

Students who hold Tier 4 by the regulations are only entitled to legally work up to 20 hours per week, or 10 hours if below degree level, during term time.  The term ‘work’ in this context is used for paid and not paid activity.

Managers will be informed in writing if they have a member of staff who is on a Tier 4 visa to ensure that they do not work more than 20 hours per week.  In addition to this, the HR Advisor will write to the Tier 4 holder to ensure that they understand that they cannot work more than 20 hours per week (included in their contract of employment).

A Tier 4 report has been created and scheduled to run on a monthly basis detailing the number of hours claimed by the employees.  This will be monitored by the HR Advisor to ensure the Tier 4 employees are complying with the regulations.

Switching from Tier 4 to Tier 2

A Tier 4 (General) student visa issued for full-time degree level studies allows you to work for a maximum of 20 hours per week during term-time. This is a maximum of 20 hours in total in any one week, including paid or unpaid work and for one or more organisation.  The 20 hours cannot be averaged over a longer period.

Non-EEA nationals who are studying a full-time degree under the route Tier 4 (General) Student visa are entitled to legally work for a maximum of 20 hours per week, or 10 hours if studying below degree level at a "higher education institution".

When switching from leave to remain in the UK as a Tier 4 (General) student to leave as a Tier 2 (General) migrant, you can go through the process quicker as it is easier to apply due to Tier 4 concessions. During the switching period the applicant can also get ‘unrestricted sponsorship’ which makes it easier to issue the CoS and in certain circumstances, the employer may not be required to carry out the Resident Labour Marker Test (RLMT).

Moreover, you can start working for your employer once the Tier 2 application is submitted. When switching from Tier 4 (General) student to leave as a Tier 2 (General) migrant you must have a job offer before you apply for a Tier 2 (General) visa.

It is important to note that Tier 4 concessions do not apply for part-time students.

If you are applying for leave as a Tier 2 (General) migrant from outside the UK, you cannot rely on the Tier 4 concessions, and the standard Tier 2 application process applies.

Applying for a Visa

If you meet the requirements of the Tier 2 (General) category, you will be granted valid leave in the UK for up to 5 years and 14 days, or the time given on your certificate of sponsorship plus 1 month, whichever is shorter, with the possibility of extending this leave.  However, any extension and leave in this route is limited to a total stay of 6 years.

The CoS cannot be issued more than 3 months prior to the start date of any employment and it is valid for 3 months.  The employment start date cannot be moved forward more than 28 days otherwise the CoS will be cancelled.  The overall timescale to complete the process can vary, however the minimum time is 9 weeks.

Any Tier 2 (General) application must be made online: https://www.gov.uk/tier-2-general/apply.  The fees for this visa depend on the type of visa and where you are applying from.  If you are applying for a Shortage occupation role there will also be different fees applicable.  A shortage occupation is a skilled job which the UK government consider is on the shortage occupation list found on https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-k-shortage-occupation-list.  The current fees can be detailed as per below.

 

Up to 3 years

Apply from outside the UK

Extend or switch from inside the UK

Applying  from inside or outside the UK – shortage occupation role

Applicant

£610

£704

£464

Applicant is a citizen of Turkey or Macedonia

£555

£649

£409

All dependants

£610 per person

£704 per person

£464 each person

 

More than 3 years

Apply from outside the UK

Extend or switch from inside the UK

Applying  from inside or outside the UK – shortage occupation role

Applicant

£1,220

£1,408

£928

Applicant is a citizen of Turkey or Macedonia

£1,165

£1,353

£873

All dependants

£1,220 per person

£1,408 per person

£928 each person

 

Applicants will also be required to pay an Immigration Health Surcharge (pay the healthcare surcharge) as part of your application.  Check how much you’ll have to pay before you apply.

 

 

Visitor Visas

There are four types of visitor routes which depend on the purpose of the visit:

   

Standard Visitor visa

  • Genuine intention to visit:
    • Maximum length of stay is 6 months; up to 11 months for private medical treatment and potentially up to 12 months for academic visitor
    • No Frequent visits
    • Sufficient funds to cover reasonable cost of visit
  • Prohibited activities:
    • Cannot ‘work’ in the UK including: employment, contracting, self-employment, work experience, internships, selling to public, providing goods and services. Except for permitted activities.
    • Receive payment for UK source
    • Study (except for 1 month recreational study)
  • Permitted Activates – general

Marriage/civil partnership visit

 

  • Can come to the UK to:
    • Visit to marry or to form a civil partnership, or
    • To give notice of this in the UK and
    • Do permitted activities in
    • The maximum length of stay that can be granted: up to 6 months

Permitted Paid Engagements (PPE) visit

 

  • Certain visitors can come to the UK for up to one month and be paid by the university:
    • Give a lecture or series of lectures (but not undertake a formal teaching role), or
    • Examine students, or
    • To participate in or chair selection panels
  • No restriction on amount they can be paid
  • The maximum length of stay that can be granted: up to 1 month

Transit visit

  • Transit to the UK
    • Maximum length of stay that can be granted: up to 48 hours

 

 

eGates

Nationals coming from Australia, Canada, Iceland, Japan, Liechtenstein, New Zealand, Norway, Singapore, South Korea, Switzerland and the USA and potentially a national of an EU country – should the individual have a biometric symbol on the cover of their respective passport - will be able to use automated eGates on the arrival into UK, free of charge.  There will no longer be need to complete a landing card on arrival for those nationals. There are over 250 eGates in place at 15 air and rail ports in the UK to enable quicker travel into the UK.

International Students

International students arriving for short term period (up to 6 months) should not use the eGates as they will need to see an officer for a stamp in their passport, unless they have applied for entry clearance before travel. Without this passport stamp these individuals will be unable to do activities they are coming to the UK to do. Long term students who already have student visa or a student biometric residence permit can use the eGates.

Permitted Paid Engagements

Those coming to the UK to carry out Permitted Paid Engagements (including academic, professors, guest speakers or people coming for a PHD) from Australia, Canada, Iceland, Japan, Liechtenstein, New Zealand, Norway, Singapore, South Korea, Switzerland and the United States of America will need to see an officer and get a stamp in their passport.  These travellers will require a specific grant of leave, which has to be given by an officer (in the form of a stamp). Without this passport stamp these individuals will be unable to do the activities they are coming to the UK to do.

Absence from the UK

EEA citizen

Absence(s) of 6 months or less (in total) in any 12 month period or a single absence of up to 12 months for an important and strong reason, will not break continuity of residence for the purposes of acquiring a right of permanent residence.  However, any absence from the UK of 6 months or more in any 12 month period will require the EEA citizen requesting Home Office discretion which is not guaranteed.

EU Settlement Scheme

Holders of settled status under the EU Settlement Scheme can spend up to 5 years in a row outside the UK without losing their status.  However, if the holder of settled status under the EU Settlement Scheme is a Swiss citizen, the Swiss citizen and their family members can spend up to 4 years in a row outside the UK without losing your settled status. 

Holders of pre-settled status under the EU Settlement Scheme can spend up to 2 years in a row outside the UK without losing their status. It is noted that holders of pre-settled status should bear in mind the need to maintain their continuous residence to ensure they are eligible to qualify for settled status.

Non EU citizen

No more than 180 days’ absences are allowed in a consecutive 12-month period.  This is based on whole days in this calculation. Part day absences, for example, less than 24 hours, will not be counted.  However, employers must record and authorise any and all absences for sponsored Tier 2 and Tier 4 visa holder.

Language Test

If the visa you are applying for, asks you to prove your English language ability, you need to demonstrate your language ability by passing a test with a Home Office approved Secure English Language Testing (SELT) Provider in an approved by Home Office centre, which can be found in UK and Overseas.

Accredited SELT tests:

  • IELTS SELT Consortium (UK and Overseas)

  • Pearson Education Ltd (UK and Overseas)

  • PeopleCert International Limited Consortium (UK and Overseas)
  • 
Trinity College London (UK only)

  • PSI Services (UK) Ltd (Overseas only)

The level of English language you are required to prove can change according to the visa you’re applying for. Check the guidance for your visa to find out the level required.

Moreover, there are some exemption that apply, for full details please go to gov website.