Legal Responsibilities
To hold a sponsor licence, the University must adhere to the required reporting duties for individuals sponsored under Tier 2 (General), Skilled Worker Visa and Tier 5 (GAE). Most of the required duties are completed by the Compliance Team. However, there are some duties which require the assistance of departments/institutions in order to fulfil these requirements.
Contractual and other employment changes
We need to report certain contractual and employment changes to UKVI within 10 working days of the change occurring. Only certain contractual changes are permitted and the job the individual is doing must stay within the same SOC Code for which their Tier 2/Skilled Worker Visa or GAE CoS was assigned. If not, the individual must apply for a new Skilled Worker visa or GAE visa (as appropriate) to undertake the new employment/engagement.
Therefore, if you are considering any of the following changes, or you are aware these have happened, please consult the HR Compliance Team:
- Any permanent change to the individual’s work location (as a general rule, if the overseas work will engage the overseas working policy, then we will need to report the change of work location to UKVI. Conferences/meetings/seminars/annual leave abroad do not need to be reported. If in doubt, please contact the Compliance Team).
- Any changes to contractual hours
- Any reduction in salary or allowances
- Any leave which is unpaid or on reduced pay, except if this is for:
- statutory maternity, paternity, parental, shared parental, adoption or neonatal care leave
- sick leave
- assisting with a national or international humanitarian or environmental crisis, with the Department's agreement
- taking part in legally organised industrial action
- jury service
- attending court as a witness
Note: if the individual has more than 4 weeks unpaid leave (which is not for any of the above) in a calendar year, we may no longer be able continue to sponsor the individual. Please contact the Compliance Team for further advice if more than 4 weeks unpaid leave will be taken.
- Substantial changes to core duties/responsibilities. If you are unclear about whether changes are substantial, please contact the Compliance Team.
- TUPE transfers into or out of the University.
- Unauthorised absences of 10 consecutive working days or more, except where the Tier 2/Skilled Worker visa/GAE visa holder is taking part in strike action as part of legally organised industrial action.
- If the individual moves to another visa or immigration category which means they would no longer be sponsored by the University.
- If the individual's visa application is refused.
Leavers
If an individual sponsored under Tier 2, Skilled Worker Visa or GAE visa leaves before the end date of their Certificate of Sponsorship then we must report this to UKVI within ten working days.
Accordingly, institutions are asked to make all Tier 2, Skilled Worker visa and GAE employees/visitors leavers on CHRIS as soon as it is known that they are leaving. Once institutions have done this, the Compliance Team will make any necessary report to UKVI.