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Legal Responsibilities

To hold a sponsor licence, the University must adhere to the required record keeping duties for individuals sponsored under Tier 2 (General) 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.

Contact details for all sponsored individuals

Personal contact details

UK Visas and Immigration (UKVI) imposes a duty on us to maintain a history of the personal contact details of sponsored individuals. This includes Tier 5 visitors as well as Tier 2 and Tier 5 employees. All sponsored individuals should be asked to provide the University with up-to-date UK contact details on arrival (even if it includes a temporary address), and be reminded of the requirement to keep these up to date whenever they change. They can provide these details through Employee Self-Service or to the HR Amendments Team via their local administrator.

The HR process for chasing the contact details of sponsored individuals can be found here.

Work contact details

HR keeps a record of individual's work addresses. These must be kept up to date for all employees, but this is especially important for sponsored individuals as we have to report changes to UKVI within ten working days of the change. You should inform the HR Amendment Team of UMS address changes before they take place.

Absence from the workplace

UKVI imposes a duty on sponsors to:

  • Keep a record of the absences of sponsored individuals (including sickness absence, holiday, maternity leave)
  • Report unauthorised absences of more than ten working days to UKVI

During audits, UKVI compliance officers often ask to meet with named sponsored individuals. They need not give prior notice of such requests. It is therefore important that the University is in a position to locate sponsored individuals quickly.

Procedure

For all sponsored individuals, normal University procedures should be followed for absences such as sickness absence, maternity leave and annual leave. In addition, institutions must Immediately tell the HR Compliance Team about any unauthorised absence of a sponsored individual of 10 working days or more.

For PhD-level staff and visitors – i.e. all sponsored individuals who fall within the following SOC codes: 2111, 2112, 2113, 2114, 2119, 2150, 2311 – this is all that needs to be done.

For other staff, institutions must maintain a record of where individuals sponsored on Tier 2 or Tier 5 visas in non PhD-level SOC codes are when they are working away from Cambridge for a day or more.

One way of keeping a record of absences is to complete the sponsored staff absence template. Institutions should complete the template throughout each term and the ensuing vacation and submit it to the Compliance Team at the start of the following term.

Please note, however, that institutions can adopt alternative means to monitoring staff location. For example, if an individual has an electronic calendar then they could share it with another, named, member of staff. Please tell Compliance about any alternative methods you use.

The HR process for chasing absence reports for sponsored individuals can be found here.