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Legal Responsibilities

To hold a sponsor licence, the University must adhere to the required reporting 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.

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 2/5 CoS was assigned. If not, the individual must apply for a new Tier 2/5 visa to undertake the new employment.

Therefore, if you are contemplating any of the following changes, or you are aware these have ahppened, please consult the 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 change to salary or allowances (other than increments and cost of living increases). Note: if the salary paid to the individual falls below the minimum rate for the SOC Code, we can no longer continue to sponsor the individual.
  • Any grant of unpaid leave (other than statutory leave such as maternity leave). Note: if the individual has more than 4 weeks unpaid leave in any 12 month period, we can no longer continue to sponsor the individual.
  • Substantial changes to duties. If you are unclear about whether changes are substantial, please contact the Compliance Team.
  • TUPE transfers into or out of the University.
  • Unathorised absences of 10 working days or more

Switching Immigration Category

If the individual moves to another immigration category which means they would no longer be sponsored by the University, the Compliance Team must report this to UKVI within ten working days of the new visa/BRP being issued.

Most commonly, individuals holding a Tier 2 (General) visa will apply for Indefinite Leave to Remain (ILR) after five years working in the UK. Note: Current UKVI service standards indicate that ILR can take up to 6 months to be granted.

Leavers

If an individual sponsored under Tier 2 or Tier 5 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 and 5 employees and 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.

Where an individual is leaving before the end date on their CoS, UKVI will curtail their leave to remain in the UK.