Individuals who do not have the indefinite/automatic right to work in the UK are subject to immigration control and must obtain an appropriate visa before they are permitted to take up employment. Obtaining an appropriate visa will provide the individual with the time-limited right to work in the UK.
If a non-EEA national is made a job offer from the University, the points-based immigration system is the most common route through which that individual can obtain the right to work in the UK. This section provides guidance for departments/institutions on which visas provide an individual with the right to work in the UK, and the procedures for obtaining them.
For visas under the Points-Based Immigration System, the most commonly seen by the University are:
- Tier 1 (Exceptional Talent)
- Tier 2 (General) (see also the section on supplementary employment)
- Tier 4 (General) (non-EEA students, who have restrictions on employment)
- Tier 4 Doctorate Extension Scheme (re-directs to International Student Team webpages)
- Tier 5 (GAE) (see also the section on supplementary employment)
For other types of visa which provide right to work in the UK, the most commonly seen by the University are:
- Points-based system dependant visas
- EEA Family Permits/Residence Cards
- Family of Settled Person visa
- UK Ancestry visa
Right to work checks
Once your new member of staff has obtained the right to work in the UK, you must take copies of the documents which prove this right before they start work. The procedure for undertaking right to work checks correctly is set out in the Right to Work checks section of our webpages.
The documents which confirm an individual has a time-limited right to work in the UK are detailed in List B of the Home Office 'Employer's guide to right to work checks'. For ease of reference, you can find full details of the types of documents we can accept on the University's Job Opportunities webpages:
For departments/institutions paying an individual under the University Payment System (UPS), please see the UPS guidance on right to work checks.
If an individual's application for entry clearance or leave to remain is refused then they may have the right to appeal:
- Applicants from outside the UK can request administrative review no more than 28 calendar days after the date when the refusal notice was issued.
- Applicants from inside the UK can request administrative review no more than 14 days after the date when the refusal notice was issued. For further guidance and to apply for an administrative review, please see the UKVI webpages.
If a visa application for an employee or potential employee is refused, then the department/institution should contact the Compliance Team as soon as possible