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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), 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 Tier 5 GAE CoS was assigned. If not, the individual must apply for a new Skilled Worker visa or Tier 5 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 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 salary requirements for their role (as defined by their SOC Code), we can no longer continue to sponsor the individual.
  • Any grant of unpaid leave (other than maternity leave, paternity leave, adoption leave or long term sick). Note: if the individual has more than 4 weeks unpaid leave in a calendar year, we can no longer continue to sponsor the individual, unless where the Tier 2/Skilled Worker Visa/Tier 5 visa holder is taking part in strike action as part of legally organised industrial action.
  • 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, unless where the Tier 2/Skilled Worker visa/Tier 5 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 Tier 5 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 Tier 5 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.