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GUIDANCE - IMMIGRATION AND ELIGIBILITY TO WORK IN THE UK

IMMIGRATION AND ELIGIBILITY TO WORK IN THE UK

ContentsIMMIGRATION AND ELIGIBILITY TO WORK IN THE UK.....................................................................1

INTRODUCTION.................................................................................................................................5

INFORMATION FOR EEA NATIONALS IN LIGHT OF REFERENDUM OUTCOME OF 24TH JUNE 2016. .5

HOW TO USE THIS GUIDANCE...........................................................................................................5

KEY PRINCIPLES.................................................................................................................................6

WHO HAS THE RIGHT TO ENTER AND WORK IN THE UK?................................................................6

SUMMARY OF RESPONSIBILITIES.....................................................................................................6

Applicants, Casual Workers and External Examiners...................................................................7

Hiring/Line Managers and Casual Administrators........................................................................7

Human Resources.........................................................................................................................8

RISKS IF THE PROCESSES ARE NOT CARRIED OUT............................................................................8

WHERE TO GET ADVICE AND SUPPORT............................................................................................8

For HR/Immigration queries.........................................................................................................8

For Student Visa Queries..............................................................................................................8

For Payroll Queries........................................................................................................................8

OVERVIEW OF THE POINTS BASED SYSTEM; CERTIFICATES OF SPONSORSHIP AND VISAS..............10

SUMMARY OF THE TIERS................................................................................................................10

EXPLAINING SPONSORSHIP CATEGORIES.......................................................................................11

Tier 1 (Exceptional Talent)..........................................................................................................11

Tier 1 (Graduate Entrepreneur)..................................................................................................12

Tier 1 (General)...........................................................................................................................12

Other Tier 1 Categories...............................................................................................................12

Tier 2 General..............................................................................................................................12

CERTIFICATES OF SPONSORSHIP (COS)...........................................................................................13

Tier 4 – Summary........................................................................................................................15

Tier 5 – Government Authorised Exchange (GAE)......................................................................16

VISAS...............................................................................................................................................16

General........................................................................................................................................16

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Dependant Visas.........................................................................................................................16

Standard Visitor Visa...................................................................................................................17

Permitted Paid Engagement (PPE) Visa......................................................................................17

The Biometric Residence Permit (BRP).......................................................................................17

Certificate of Sponsorship and Visa Costs and International Health Surcharge (IHS)...............18

GUIDANCE FOR APPLICANTS.........................................................................................................19

SPONSORSHIP AND RESTRICTIONS.................................................................................................19

Heriot-Watt Academic and Research Vacancies.........................................................................20

Heriot-Watt Professional and Technical Vacancies at NVQ Level 6 or above............................20

All other Heriot-Watt vacancies..................................................................................................20

CHECKING ELIGIBILITY TO WORK IN THE UK..................................................................................20

Interviews at Heriot-Watt University UK Campus......................................................................20

Interviews where you do not attend in person..........................................................................20

CONDITIONAL OFFER OF EMPLOYMENT........................................................................................21

FUTURE APPLICATIONS...................................................................................................................21

GUIDANCE FOR SPONSORED EMPLOYEES.....................................................................................22

ELIGIBILITY CHECKS.........................................................................................................................22

Repeating checks........................................................................................................................22

VISAS AND BIOMETRIC RESIDENCE PERMIT (BRP).........................................................................23

REPORTING REQUIREMENTS..........................................................................................................23

Travelling abroad for work purposes..........................................................................................23

PAID AND UNPAID ABSENCE..........................................................................................................24

EXTENSIONS AND CHANGES TO CONTRACTS.................................................................................24

Tier 2 (General)...........................................................................................................................24

SOC Codes...................................................................................................................................25

Tier 5 (GAE).................................................................................................................................25

SECONDARY/SUPPLEMENTARY EMPLOYMENT.............................................................................26

Supplementary Employment......................................................................................................26

Secondary Employment (Tier 2 only)...........................................................................................26

STUDYING WHILST SPONSORED UNDER TIER 2 OR 5.....................................................................26

TIER 4 STUDENTS WITH AN EMPLOYMENT CONTRACT.................................................................27

APPLYING FOR INDEFINITE LEAVE TO REMAIN (SETTLEMENT)......................................................27

LEAVING HERIOT-WATT..................................................................................................................27

GUIDANCE FOR CASUAL WORKERS & EXTERNAL EXAMINERS.......................................................28

POTENTIAL RESTRICTIONS ON CASUAL WORKERS’ RIGHT TO WORK............................................28

PROCESS FOR UNDERTAKING CASUAL WORK– FIRST TIME APPOINTMENT.................................29

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CASUAL WORKERS WHO HAVE PREVIOUSLY CARRIED OUT CASUAL OR OTHER WORK AT HERIOT-WATT...............................................................................................................................................29

GUIDANCE FOR TIER 4 STUDENTS UNDERTAKING WORK..............................................................30

RESTRICTIONS ON TIER 4 STUDENTS’ RIGHT TO WORK.................................................................30

PROCESS FOR UNDERTAKING CASUAL WORK– FIRST TIME APPOINTMENT.................................30

IF YOU HAVE PREVIOUSLY CARRIED OUT CASUAL OR OTHER WORK AT HERIOT-WATT...............31

TIER 4 STUDENTS WITH AN EMPLOYMENT CONTRACT.................................................................31

DEFINITION OF TERM-TIME AND HOLIDAYS FOR PHD STUDENTS.................................................32

Students studying for a PhD.......................................................................................................32

PhD Students and holiday entitlement......................................................................................32

RISKS IF THE PROCESSES ARE NOT CARRIED OUT..........................................................................32

GUIDANCE FOR HIRING AND LINE MANAGERS..............................................................................34

INTRODUCTION...............................................................................................................................34

ADVERTISING THE POST: SPONSORSHIP AND RESTRICTIONS........................................................34

Heriot-Watt Academic and Research Vacancies.........................................................................34

“Named” Researchers.................................................................................................................34

Professional and Technical Vacancies at NVQ Level 6 or above and at least Grade 6 salary....34

All other vacancies......................................................................................................................35

DOCUMENT CHECKING...................................................................................................................35

Interviews at Heriot-Watt University UK Campus......................................................................35

Interviews where candidate does not attend in person............................................................35

If the candidate is already a Tier 4 student working at Heriot-Watt University........................36

SHORTLISTING AND MAKING CONDITIONAL OFFERS OF EMPLOYMENT......................................36

Eligibility Restrictions..................................................................................................................36

Shortlisting..................................................................................................................................36

Interviewing and making conditional offers...............................................................................37

Timings and start dates...............................................................................................................37

RETAINING/DESTROYING PAPERWORK.........................................................................................38

MANAGEMENT RESPONSIBILITIES ONCE EMPLOYEE HAS STARTED..............................................38

Reporting Requirements.............................................................................................................38

Paid and Unpaid Absence...........................................................................................................39

Extensions and changes to contracts..........................................................................................39

Repeating checks........................................................................................................................40

GUIDANCE FOR CASUAL ADMINISTRATORS AND LINE MANAGERS ENGAGING AND CHECKING RIGHT TO WORK OF CASUAL WORKERS INCLUDING TIER 4 STUDENTS AND EXTERNAL EXAMINERS.....................................................................................................................................................41

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INTRODUCTION...............................................................................................................................41

POTENTIAL RESTRICTIONS ON CASUAL WORKERS’ RIGHT TO WORK............................................41

PROCESS FOR APPOINTING CASUAL WORKERS– FIRST TIME APPOINTMENT...............................42

NB: Additional Process for a Tier 4 Student carrying out casual or unpaid work......................43

PROCESS FOR CASUAL WORKERS WHO HAVE PREVIOUSLY CARRIED OUT CASUAL OR OTHER WORK AT HERIOT-WATT.................................................................................................................43

See the flowchart below to identify what checks you need to carry out and when.................44

RISKS IF THE PROCESSES ARE NOT CARRIED OUT..........................................................................45

GUIDANCE FOR OVERSEAS VISITORS TO UK CAMPUSES................................................................47

INTRODUCTION...............................................................................................................................47

VISAS FOR VISITORS........................................................................................................................47

DO I NEED A VISA?..........................................................................................................................47

WHAT TYPE OF VISA SHOULD I APPLY FOR?..................................................................................47

Standard Visitor Visa...................................................................................................................47

Permitted Paid Engagement Visa (PPE)......................................................................................48

APPLYING FOR A VISA.....................................................................................................................48

Registered Traveller Service.......................................................................................................49

Supporting Paperwork................................................................................................................49

EXTERNAL EXAMINERS – additional information...........................................................................49

Appendix 1: LISTS OF ACCEPTABLE DOCUMENTS FOR RIGHT TO WORK CHECKS............................51

Appendix 2: TEMPLATE LETTER FOR ALL SPONSORED (TIER 2 OR 5) EMPLOYEES...........................53

Appendix 3 - TIER 4 STUDENTS UNDERTAKING WORK OR VOLUNTARY WORK AT HERIOT-WATT UNIVERSITY..................................................................................................................................55

Appendix 4: WHAT TO LOOK FOR WHEN CHECKING DOCUMENTS................................................57

Appendix 5 – PASSPORT SAMPLES................................................................................................58

Appendix 6: SAMPLE OF INVITATION TO NEW EXTERNAL EXAMINER............................................62

Appendix 7: EXAMPLE OF A TEMPLATE INVITATION TO VISIT THE UK............................................63

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INTRODUCTIONThe University has a legal responsibility under the Immigration, Asylum and Nationality Act 2006, to ensure that all its employees, casual workers and visitors have the legal right to live and/or work in the UK.

We have developed guidance to help everyone understand their responsibilities in order to comply with Home Office

legislation ensure the University operates within its sponsorship duties ensure everyone we engage on a contract of employment, casual work or other paid and

unpaid work of any kind is eligible to work in the UK.

This guidance will be maintained by Human Resources; however Home Office legislation and guidance changes on a regular basis, often at short notice. The full range of Immigration legislation, rules and guidance may be found on the Home Office (UKVI) website:

https://www.gov.uk/government/organisations/uk-visas-and-immigration

It is impossible to cover the full range and impact of the legislation in our local guidance but these documents set out the processes we have adopted in order to treat all candidates and staff fairly and equally where permissible; and in line with our stated Strategy and Values.

INFORMATION FOR EEA NATIONALS IN LIGHT OF REFERENDUM OUTCOME OF 24TH JUNE 2016There is no change to the existing rights of EEA nationals as set out in this Guidance. We will continue to work in accordance with legislation and will communicate directly with colleagues who may be affected by any future change in legislation, regardless of nationality.

For further information about Brexit and its implications for EEA employees, please visit this SharePoint Site: EU Referendum - All Documents

HOW TO USE THIS GUIDANCEWithin this Guidance you will find information and advice about

our recruitment and retention practices the various routes by which non-EEA/UK Nationals may work at Heriot-Watt checks we must carry out

It is divided into subsections which you can reach by clicking on the appropriate link; or you can search the contents page to find the particular topic you are looking for. Some information is covered in more than one section.

The subsections are:1. Key Principles 2. Who has the right to enter and work in the UK? 3. Summary of Responsibilities 4. Where to get further advice and help 5. The Points Based System; Certificates of Sponsorship and Visas 6. Guidance for Applicants 7. Guidance for Sponsored Employees 8. Guidance for Casual Workers and External Examiners 9. Guidance for Tier 4 Students undertaking work

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https://intranet.hw.ac.uk/ps/mc/Document%20Library/Forms/AllItems.aspx?RootFolder=%2Fps%2Fmc%2FDocument%20Library%2FEU%20Referendum&FolderCTID=0x012000F237FC85808CBD41A12E4351660B815E&View=%7B21655258-430E-42DD-B117-59CFD9D92C85%7D



10. Guidance for Hiring and Line Managers 11. Guidance for Casual Administrators and Line Managers engaging Casual workers 12. Guidance for Overseas Visitors to UK campuses

KEY PRINCIPLESAs one of the UK’s leading universities for business and industry, our ambition is to place Heriot-Watt at the forefront of research and research-led education in the UK and internationally, delivering world-class innovative research, relevant to economic growth and development. It is a key principle, therefore, that we will always seek to appoint, develop and retain the best staff. Underpinning the University Strategy are five Values1, which are an expression of the spirit of Heriot-Watt University. They set the standard for what we represent, how we conduct ourselves as an organisation and how we communicate with others. This Guidance is therefore drafted with close regard to our Values.

WHO HAS THE RIGHT TO ENTER AND WORK IN THE UK?There are a number of different routes by which it is possible to live and work in the UK. If you are a national from the following countries, you have a right of residency in the UK and no restrictions on the type of work you can carry out:

Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Republic of Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom.

Iceland, Liechtenstein Norway and Switzerland are not members of the European Union (EU) but citizens of these countries have the same rights to enter, live in and work in the United Kingdom as EU citizens.

Croatian nationals may need to apply for permission from the Home Office before they can work in the UK.

Some Commonwealth citizens may also be able to visit the UK without needing a visa, through the Right of Abode. Follow the link below for further details and how to apply:

https://www.gov.uk/right-of-abode

Non-EEA nationals may acquire the right to visit, live, work or study in the UK in a variety of ways. However, there are restrictions on the length of visit, the type of work and the hours that you may work, depending on the type of visa you obtain.

SUMMARY OF RESPONSIBILITIESThe Home Office carries out regular audits of all organisations that provide employment and/or learning and teaching to non- EEA Nationals. If we are unable to demonstrate that we have carried out the appropriate checks, or otherwise complied with the legislation, we will be fined and risk losing all our sponsorship licences. This would mean we are unable to recruit students or staff from overseas and would put the continued employment/study and right to remain in the UK of all our existing overseas students and staff at risk.

1 Valuing & Respecting Everyone: Pursuing Excellence; Pride and Belonging; Shaping the Future; Outward Looking

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https://www.gov.uk/right-of-abode


Set out below is a summary of who is responsible for what activity in ensuring we are compliant with legislation and retain our Sponsorship Status. Further details are set out in the appropriate section within this document.

Applicants, Casual Workers and External ExaminersAt interview or, in the case of casual workers or External Examiners, before carrying out work for the University, all candidates, regardless of nationality must present original documents to provide evidence of the right to work in the UK.

If you are not an EEA/UK national, you must additionally: Provide all necessary information to enable HR to apply for a Certificate of Sponsorship if

required Apply for your visa as required in order to work or continue working at Heriot-Watt Bring your original passport with visa stamp and Biometric card to HR before your first day

at work and any subsequent visa extensions as required Comply with all the conditions of your visa Keep your line manager and/or HR informed of any changes to your UK contact details or

immigration status Inform the University of any absences from work Register with the Police if this is stated as a requirement on your visa

Further information is set out in Guidance for Applicants Guidance for Casual Workers and External Examiners Guidance for Tier 4 Students undertaking work

Hiring/Line Managers and Casual AdministratorsAt interview or, in the case of casual workers or External Examiners, before carrying out work for the University, you must:

check the passport and (if appropriate), visa documents, scan, sign and save copies attach scanned copies of successful candidates, casual workers and External Examiners to

iHR after the interview (for candidates for employment), provide HR with the shortlist and

feedback notes of all candidates (via iRec wherever possible)

During employment or casual engagement, you must inform HR if: the sponsored employee does not turn up for their first day at work the sponsored employee is absent for more than 10 working days without permission the sponsored employee leaves employment (via iHR) and, if known, the new employer you suspect the sponsored employee is breaching the conditions of their visa you suspect the sponsored employee is engaged in terrorism or other criminal activity the casual worker is a Tier 4 student and you suspect s/he may be working in excess of their

limited weekly hours

Further information is set out in Guidance for Hiring and Line Managers Guidance for Casual Administrators and Line Managers engaging Casual Workers

Human ResourcesHR will:

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provide advice and guidance on the appropriate advertising of vacancies to meet the Resident Labour Market Test

ensure that vacancies are advertised in line with the Resident Labour Market Test provide advice and guidance about the most appropriate route to work in the UK manage the University’s allocation of Unrestricted Certificates of Sponsorship (CoS) apply to the UK Visa & Immigration department (UKVI) for Restricted CoS on behalf of the

non-EEA National. advise the sponsored employee of the CoS number once assigned and the responsibility of

the sponsored employee to obtain entry clearance and permission to work through iHR, retain full records relating to sponsored employees report any information about sponsored employees to UKVI in line with immigration

regulations

RISKS IF THE PROCESSES ARE NOT CARRIED OUTIf a Home Office audit finds that we have not carried out our processes and cannot show evidence of an individual’s right to work in the UK, we face a £20,000 fine per worker and also risk losing our ability to recruit overseas students and employees. It may also mean that the individual loses their visa and must leave the UK.

Therefore, if you are not clear whether you are able to offer the work or you are eligible to carry out the work offered, contact a member of the HR team straight away for advice: see below.

WHERE TO GET ADVICE AND SUPPORTThe HR Services Team is able to provide general advice and guidance on good recruitment and employment practice as well as guidance on immigration rules and the impact on the University and candidates/employees. However, we are not immigration specialists or legally qualified and are unable to provide expert or personal advice.

For HR/Immigration queries Helen Hymers ext. 8135 Patricia Waring ext. 3449; Patricia is able to provide guidance on Tier 2 and Tier 5

applications and is responsible for applying for Tier 2/5 CoS for new applications and extensions.

Contact Details for other members of the HR team are available by following this link:https://intranet.hw.ac.uk/ps/hrd/Pages/Who's-Who-in-HRD-.aspx

For guidance on iHR and iRecruit, please login here to reach the iHR SharePoint site (internal only)

For Student Visa Queries Tim Burns ext. 3823 or Peter Reinbold ext. 3709

For Payroll Queries Gerry Graham ext. 8006 Lynne Watson ext. 3016

If you are a Research Associate or engaged through a specific grant, the funder may also be able to provide information and advice, via your manager, Director of Research or Head of School.If you have a specific or personal query, you should seek advice from official Home Office immigration advisers or a lawyer specialising in immigration matters.

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https://intranet.hw.ac.uk/ps/hrd/i_HR/Pages/default.aspx

https://intranet.hw.ac.uk/ps/hrd/Pages/Who's-Who-in-HRD-.aspx


The UKVI website gives overviews of the current routes into the UK. It also provides updates on legislation and other policy advice: https://www.gov.uk/government/organisations/uk-visas-and-immigration

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OVERVIEW OF THE POINTS BASED SYSTEM; CERTIFICATES OF SPONSORSHIP AND VISASThis section provides some general information about the Points-Based System and appropriate routes by which non-EEA/UK nationals may obtain the right to work at Heriot-Watt University. It is not a definitive guide to the legislation, merely a helpful summary of key routes to working in the UK.

The HR Services Team are able to advise on the most appropriate route to advertise vacancies and appoint non-EEA Nationals, but cannot give legal advice to individuals.

For full details of the requirements to live and work in the UK, including assessing personal circumstances against the criteria required to be eligible to work in the UK under the Points Based System, please visit the Home Office Website:

www.gov.uk/browse/visas-immigration

SUMMARY OF THE TIERSThe Government introduced a five tier Points Based Immigration System in 2008:

Tier 1 – High Value non-EEA Nationals Tier 2 – Skilled Workers Tier 3 - Low Skilled Workers (suspended) Tier 4 – Students Tier 5 – Temporary Workers

In order to be eligible for a visa under an appropriate Tier, individuals must score a certain number of “points” above the minimum threshold for each Tier, which may be obtained from various categories:

Certificate of Sponsorship Appropriate Salary English Language Maintenance

Heriot-Watt University holds sponsor licences for Tier 2 (General); Tier 5 (Temporary Workers under the Government Authorised Exchange Scheme) and Tier 4 (students); we are also a participant in the Tier 1 (Graduate Entrepreneur) scheme.

There are other routes under which it may be possible to obtain the right to work in the UK. These are set out in detail on the Home Office Website, but the most common routes (outside the Points Based System) are:

Dependent visa Permitted Paid Engagement Visa (for short term visits only)

You can check if you need a visa here: https://www.gov.uk/check-uk-visa.

You may also find it helpful to check that your international qualification meets the academic and/or English Language requirements for working in the UK by going to this link: www.naric.org.uk/visasandnationality

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http://www.naric.org.uk/visasandnationality

https://www.gov.uk/check-uk-visa

http://www.gov.uk/browse/visas-immigration


EXPLAINING SPONSORSHIP CATEGORIES

Tier 1 (Exceptional Talent)This category is for “exceptionally talented individuals” who are internationally recognised as world leaders or potential world-leading talent in science and art, who wish to work in the UK.

Application for this visa is driven by the individual rather than the employer; i.e. you must apply for the certificate of sponsorship as well as your visa.

If you successfully apply for a visa under this category, you are free to work in the UK and to change employers without needing to be sponsored by a specific employer in a specific role. You are also able to “switch” into this route from any other Tier 1, Tier 2 or Tier 5 (Government Authorised Exchange) route if you are currently in the UK.

The definition of “world leader” is determined by a “competent body” as part of the 2-stage application process:

Royal Society British Academy Arts Council England Royal Academy of Engineering Tech City UK

Most of the above bodies allow you to apply for endorsement either as:

“Exceptional Talent”: applicants who have already demonstrated that they have made a significant contribution as a leader in their field

Or “Exceptional Promise”: applicants who may be at an early career stage but who have already

shown potential to make a significant contribution as a future leader in their chosen field.

The application process is in two stages:1. The competent body you apply to undertakes a peer-reviewed process to determine if you

meet the relevant criteria. (This is the Tier 1 Exceptional Talent Application for Endorsement).

2. If the Tier 1 Endorsement is issued, you must then apply for a visa (Stage 2 – Immigration Application) which, if granted, will give you an unlimited right to work and validity of up to five years.

You should note that having made a successful application for Stage 1 (the Endorsement) does not, in itself, give you the right to work in the UK. Therefore, you should ensure that if you are already in the UK and have the right to work through another route, your current visa does not expire before you have successfully completed the Stage 2 Immigration Application process.

There is a maximum limit of 1000 endorsements per annum, allocated across all the competent bodies.

For further details about this route and how to make an application, see the Home Office website:https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/517260/T1__ET__Guidance__04_2016.pdf

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https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/517260/T1__ET__Guidance__04_2016.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/517260/T1__ET__Guidance__04_2016.pdf


Tier 1 (Graduate Entrepreneur) The University is a participant in the Tier 1 (Graduate Entrepreneur) scheme. This allows the University to sponsor graduates who have an exceptional business idea to stay in the UK for a further year to develop this business idea. This scheme is monitored by the Head of Careers Service and Enterprise Creation Manager. The University has 10 places for MBA graduates and a further 10 available for all other graduates. For further information, contact Nick Thow, Head of Careers Service: [email protected] or ext. 3392

Tier 1 (General)This category is now closed and applications to extend leave under Tier 1 (General) will no longer be accepted.

Other Tier 1 CategoriesFor information about “Entrepreneur” and “Investor” categories of Tier 1 please refer to the Home Office website:

https://www.gov.uk/browse/visas-immigration/work-visas

Tier 2 General This category is open to “skilled” workers who are offered employment in a “graduate level” occupation by a “sponsoring” organisation. Heriot-Watt University is currently categorised as an A-rated sponsor, allowing us to employ skilled non-EEA workers in certain posts where it has not been possible to recruit an EEA national (“settled worker”) into the post. The University must comply with certain prescribed rules on advertising and appointing before an application for a Tier 2 Certificate of Sponsorship (CoS) can be made. Individuals wishing to obtain employment through this route must accumulate a minimum number of points which are awarded against various factors, including qualifications, prospective earnings and English Language competence. Once the University has successfully applied for a Tier 2 CoS, the individual must then also apply for a visa.

Tier 2 – Resident Labour Market Test (RLMT)The University must, through satisfying the Resident Labour Market Test (RLMT), demonstrate that it has not been possible to recruit a “settled worker” before making an offer to a non-EEA national. Broadly, this involves advertising the post in line with Home Office rules; for example, using certain media for a set period of time; within relevant and advertised salary levels and being able to establish through the selection process that there is not a “settled worker” who satisfies the minimum essential criteria for the role. If the University is able to satisfy the RLMT it must apply for a Certificate of Sponsorship for the individual under Tier 2 before being able to confirm an offer of employment to a non EEA national.

We advertise all our academic and research vacancies to meet the requirements of the RLMT.

Tier 2 – Appointment of successful candidateThe purpose of the RLMT is to ensure that vacancies, wherever possible, are filled by UK or EEA nationals, even if there are non-EEA nationals whom a hiring manager believes, following a fair selection process, would be a better performer in the role.

Therefore, for all Heriot-Watt vacancies that are either below graduate-level or that are graduate-level non-academic or research vacancies, if UK or EEA nationals apply for the role and meet the

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https://www.gov.uk/browse/visas-immigration/work-visas

mailto:[email protected]


minimum essential criteria then the University will not have satisfied the RLMT and it will not be possible to offer a non-EEA national a Certificate of Sponsorship (CoS) under Tier 2.

However, the most suitable candidate may be appointed, regardless of nationality if: The vacant role is for a lecturer or research role designated a PhD-level role (the majority of

our academic vacancies fall into this category) In certain restricted circumstances, the individual is already in the UK in another immigration

category and wishes to switch into Tier 2 (General) this may be allowable under the Immigration Rules; this includes some Tier 1 categories and graduates with a recognised degree, PGCE or PGDE switching from Tier 4 but no longer includes a dependent of a Tier 4 migrant. See “Switching into Tier 2” below

The total salary package is £155,300 p/a or more The vacant role is on a Shortage Occupation list maintained and updated by the

Government2

The post is deemed “supernumerary” (see below)

For further details about advertising posts, hiring non EEA nationals and managing sponsored employees to comply with Tier 2 rules, please see the section: Guidance for Hiring and Line Managers

Further details on the requirements for Applicants may be found here: Guidance for Applicants or at https://www.gov.uk/tier-2-general/overview

It is the University’s responsibility to apply for and issue a CoS but it remains the sponsored employee’s responsibility to obtain the necessary visa and Biometric Residence Permit (BRP); and pay the International Health Surcharge (IHS). This must be done within 3 months of the University issuing the CoS.

Supernumerary Research PositionsWe do not have to carry out a RLMT where the job is a supernumerary research position, over and above our normal staffing requirements, e.g.:

The individual has been issued with a scientific research award or Fellowship by an external organisation

That award is not transferable and the role would not be filled by anyone else if the individual withdrew from the project

The individual is named on the grant

However, we must keep evidence of the competitive process that took place to appoint the individual. It may also be possible to sponsor an individual under Tier 5 GAE; see below for further details.

CERTIFICATES OF SPONSORSHIP (COS)There are two types of Tier 2 CoS; “Restricted” and “Unrestricted”.

Tier 2 – Unrestricted CoSAn Unrestricted CoS means that it is not counted towards the national limit of certificates. However, the University receives an annual allocation of Unrestricted CoS and must follow a process to be able to allocate them to individuals; in many cases we will still have to demonstrate that we have carried out a Resident Labour Market Test.

2 At present there are no posts on the Shortage Occupation List eligible for Heriot-Watt to use

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https://www.gov.uk/tier-2-general/overview

https://intranet.hw.ac.uk/ps/hrd/Restricted%20Documents/Switching#_


If an application falls under one of the following categories an Unrestricted CoS may be issued: Extensions – if the individual is already in the UK working for Heriot-Watt University and has

an existing valid right to work in the UK under Tier 2 (General) Changes of Employment – If the individual is already in the UK with valid leave under Tier 2

(General) working elsewhere; or the individual has been offered a different job within the University

Switching Immigration Category – In certain circumstances, where an individual is already in the UK in another immigration category of stay and wishes to switch into Tier 2 (General) this may be allowable under the Immigration Rules; this includes graduates with a recognised degree, PGCE or PGDE switching from Tier 4 but no longer includes a dependent of a Tier 4 migrant. See “Switching into Tier 2” below

Tier 2 – Restricted CoS The Government has set an annual limit of Tier 2 CoS available at national level, divided into monthly allocations.

If an employee or applicant does not fall into one of the Unrestricted categories above then it is likely that the University will need to apply for a Tier 2 CoS from the restricted annual UK-wide allocation.

The vacancy must be one designated a “Graduate Level” vacancy (even if the employee or applicant is not a graduate) and we must have demonstrated that we cannot appoint a “settled worker”.

The University will apply to UKVI for permission to issue a “Restricted” CoS. UKVI meet each month to assess all applications lodged from across all employers. If there are too many applications in any one month, then applications will be ranked in order of priority by allocating scores against certain criteria. If we are refused a Restricted Tier 2 certificate in any one month then we must repeat the application again the following month; applications will not automatically be rolled forward for consideration.

Tier 2 Salary Levels The Home Office has set minimum salaries that must be paid to sponsored employees, in line with (for our advertised posts) UCEA salary levels. There are two minimum levels:

New Entrant Level – individuals whoo are 25 or under and have not previously been sponsored under Tier 2 either at

HWU or elsewhere, o who have switched from Tier 4 to Tier 2, regardless of age

Experienced Level – individuals o Who are aged 26 or overo Who were previously sponsored by HWU or another organisation under Tier 2o Whose initial sponsorship is for more than three years

HR Services will advise Hiring Managers of the appropriate salary to be advertised and offered. Currently, all vacancies at Grade 7 and above meet both the New Entrant and Experienced Level salaries.

“Switching” into Tier 2 categoryIf an individual is already studying or working in the UK with certain visa types, it may be possible for the University to apply for an Unrestricted CoS. This is known as “Switching” and applies to individuals with one of the following:

Any valid Tier 1 category

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https://intranet.hw.ac.uk/ps/hrd/Restricted%20Documents/Switching#_


Any valid Tier 2 category A Tier 4 category, where the individual has either:

o Completed their UK degree and received their final results oro If they are a PhD student, completed at least one year of a UK PhD

Tier 2 “Cooling Off” PeriodWhere an individual has previously been sponsored under Tier 2 (including at Heriot-Watt) and their leave has lapsed or expired, they must wait 12 months before they can apply again in any Tier 2 category. This applies to an individual who is

overseas when their Tier 2 leave ends in the UK and had an earlier period of Tier 2 leave; switched into a different immigration

category (e.g. Dependant or Tier 4) and now wishes to apply again under Tier 2.

It is therefore very important that any applications for an extension to a CoS or visa are made in good time, both by the line manager (to extend the term of the contract) and the individual (who is responsible for applying for an extension of the visa) so that the existing Tier 2 leave does not come to an end before the application to extend has been put in train.

The cooling off period usually starts from the day after the individual’s last leave under Tier 2 ended or expired.

Tier 4 – SummaryTier 4 of the Points Based System is the primary immigration route for non-EEA students who wish to study full-time in the UK. These students must be sponsored by an education provider who holds a Tier 4 licence. The University holds the Home Office's A-Rated Sponsor status which is the highest rating available to Higher Education Institutions. This licence places duties on us as a sponsor including record keeping and reporting duties, which are monitored by the Home Office.

A Student holding a Tier 4 Visa may be permitted to undertake some work (it will be stated on the visa whether or not this is permissible) but tight restrictions of a maximum 10 or 20 hours work per week apply during term-time depending on the type of study. This is not an average figure but an absolute maximum each week and includes paid employment, casual work, overtime, voluntary, unpaid work etc. The total hours worked in any one week when adding all types of work together must not exceed the permitted 10 or 20. It is therefore important that weekly records are kept for Tier 4 students engaged as casual workers or employees so that we can demonstrate our compliance with the legislation at any check or audit carried out by the Home Office (UK Visas & Immigration). Failure to do so puts our ability to recruit overseas students and staff at risk.

For further information about offering work to Tier 4 students, please refer to the sections on: Guidance for Hiring and Line Managers Guidance for Casual Administrators and Line Managers appointing Casual Workers including

Tier 4 Students and External Examiners

For further information about undertaking work as a Tier 4 student, please refer the section: Guidance for Tier 4 Students undertaking work Tier 5 – Government Authorised Exchange (GAE)Tier 5 is a category used for temporary workers or youth mobility schemes. Heriot-Watt is an Authorised Sponsor for the Government Authorised Exchange (GAE) category.

We are permitted to use this category for the following:

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Sponsored Researchers (also may be known as “Supernumerary”): These are broadly defined as “a person who wishes to come to the UK to lead or take part in any formal research project……The sponsored researcher fills a research post and works under the full or partial control of the institution, which will itself benefit from the research. Sponsored researchers can be funded from sources in the UK or overseas”.

Visiting academics: Only those who are giving lectures, acting as an examiner or working on a supernumerary research collaboration will qualify under this category. If a visiting academic is in the UK for less than one month, it may be more appropriate to use a Permitted Paid Engagement Visa (see below).

Tier 5 GAE – Conditions of employment There are restrictions and conditions on the sponsorship of an individual under Tier 5 GAE:

The individual must not fill a genuine vacancy in the UK workforce Funding can come from any legitimate source, including Heriot-Watt or a third party (e.g.

Marie Curie Fellowship) but the individual cannot fund him/herself and payments must meet National Minimum Wage requirements

The individual can be paid weekly, monthly, annually or in one lump sum The visa is valid for a maximum of 2 years and cannot be extended beyond this date for any

reason. An individual being sponsored under Tier 5 GAE cannot switch into Tier 2 General.

VISAS

GeneralIf you are a non-EEA national, a visa is usually required before you may enter the UK for any reason. Only certain visas will allow you to undertake paid work and usually there are restrictions on the type of work or the amount of work that may be carried out.

It is your individual responsibility to apply for the visa and also for any extensions of visas. Visas may be applied for up to 3 months before entering or working in the UK; and up to 3 months before the expiry of a current valid visa. For further details about specific visas and how to apply for them, please visit the Home Office Website:

https://www.gov.uk/browse/visas-immigration

Set out below is a summary of some of the visas which allow you to work whilst you are in the UK, if you are not already sponsored through any of the Tiers referred to above.

The Academic Visitor and Business Visitor Visas have been subsumed into the Standard Visitor and Permitted Paid Engagement Visas; see below for further information about these categories.

Dependant Visas If you are the spouse, civil partner or family member of someone who has the right to work in the UK through Tier 1,2, 4 or 5 (Temporary Worker only), you may apply for a dependant visa, which will allow you to work in the UK (but not to claim any public funds). The visa will usually be granted for the same period of time as your family member’s visa.

Any restrictions on the type of work or the amount of work you are allowed to undertake will be noted on the visa. You should not attempt to apply for work or hours that would breach the terms of your visa. To do so leaves you at risk of having your visa removed and having to leave the UK.

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https://www.gov.uk/browse/visas-immigration


It may be possible to “switch” from a dependant visa into Tier 2 General in the following circumstances:

If you are the dependent of someone with a valid Tier 2 CoS and visa and you have not previously been granted leave under Tier 2

If you are the dependant of someone with a valid Tier 4 visa If you are the dependant of someone with a valid Tier 2 visa but you have previously been

granted leave under another category, including Tier 2 before you obtained the dependant visa, you will be subject to the cooling off period and will not be able to apply for a Tier 2 visa for 12 months

In these circumstances, the University will need to apply for a Restricted Tier 2 CoS and comply with relevant Tier 2 rules.

Further details about applying for a dependant visa may be found on the Home Office Website:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/477216/PBS_dependant_guidance_11-15.pdf

Standard Visitor VisaA standard visitor visa does not allow you to undertake any paid or unpaid work. However, a visitor visa may be applicable in the following circumstances:

for a conference, meeting or training undertaking research or accompanying students on a study abroad programme study for up to 30 days, as long as it’s not the main reason for your visit

Further details about standard visitor visas may be found on the Home Office Website:

https://www.gov.uk/standard-visitor-visa/eligibility

Permitted Paid Engagement (PPE) VisaThis visa is granted for up to one month. It is most likely to be the appropriate route for, e.g. external examiners, academics on interview panels or visiting lecturers who will be paid for the work undertaken. It is the individual’s responsibility to apply for the visa but the University will provide a letter of invitation, outlining the reason for the visit.

Further details about Visitor and PPE visas may be found in the section Guidance for Overseas Visitors to UK Campuses.

The Biometric Residence Permit (BRP)The biometric residence permit is a residence permit which holds an individual’s biographic details (name, date and place of birth) and biometric information (facial image and fingerprints), and shows their immigration status and entitlements while they remain in the United Kingdom.

It is required if you: apply to come to the UK apply to extend your visa or settle in the UK transfer your visa to a new passport

You’ll get one automatically as part of your visa or immigration application. For further details, see the Home Office Website: https://www.gov.uk/biometric-residence-permits

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https://www.gov.uk/biometric-residence-permits

https://www.gov.uk/standard-visitor-visa/eligibility




Certificate of Sponsorship and Visa Costs and International Health Surcharge (IHS)The University will pay for the Certificate of Sponsorship when applying for the relevant CoS (including extensions). It is the individual’s responsibility to pay for the cost of the visa and the IHS for him/herself and other family members. This must be paid at the time of making the visa application.

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GUIDANCE FOR APPLICANTSThe University has a legal responsibility under the Immigration, Asylum and Nationality Act 2006, to ensure that all its employees and workers have the legal right to live and work in the UK. All employees are required to provide proof of their eligibility to work in the UK. If you are a UK, EEA or Swiss national, you have the right to live, work and study in the UK without any restriction. All other nationals require a visa to work in the UK. Therefore, if you are made an offer of employment, this will be subject to the University verifying that you are eligible to work in the UK before you start work.

You can check if you need a visa here: https://www.gov.uk/check-uk-visa

We also recommend that you refer to the Home Office website before applying for a post with us. You can assess your circumstances against the criteria outlined and see whether you may be eligible to work in the UK under the Points Based System.

www.gov.uk/browse/visas-immigration

You may also find it helpful to check that your international qualification meets the academic and/or English Language requirements by going to this link:

www.naric.org.uk/visasandnationality

If you don't already have the legal right to work in the UK, you are still welcome to apply for a job with the University. Any job application you submit to us will be assessed using criteria based on the knowledge, skills and experience required for the relevant post. You will not be treated less favourably than another applicant on the grounds of national origin.

SPONSORSHIP AND RESTRICTIONS In certain circumstances, the Home Office requires us to advertise and select candidates to protect the UK/EEA workforce (“settled workers”) by applying the Resident Labour Market Test (RLMT). This means the vacancy must be at a particular skill level and salary and we must advertise the vacancy for a minimum period of 28 calendar days and in certain media including Jobcentre Plus. If the vacancy is for an academic post at Heriot-Watt, we do not have to advertise through Jobcentre Plus but all other requirements of the RLMT still apply.

Some of our vacancies do not meet the minimum requirements of the Home Office to allow us to sponsor non EEA nationals.

If your eligibility to work in the UK is restricted to obtaining a Tier 2 Certificate of Sponsorship and visa, you should check the job posting details to see if you are eligible to apply.

If your eligibility to work in the UK is restricted by a Tier 4 visa, we cannot employ you on a full time contract; the hours we are able to offer you will depend on the terms of your visa and any other paid or unpaid work you carry out for any other organisation.

Further details about Sponsorship and Visas may be found in this section: Overview of the Points Based System.

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http://www.naric.org.uk/visasandnationality

http://www.gov.uk/browse/visas-immigration



Heriot-Watt Academic and Research VacanciesThese vacancies are also known as “PhD level posts” and may be filled by the best candidate, regardless of nationality, subject to the appropriate visa being obtained. They will always be advertised in line with the RLMT.

Heriot-Watt Professional and Technical Vacancies at NVQ Level 6 or aboveWe normally expect to be able to fill these vacancies by appointing a “settled worker”. If the closing date on an advert is less 28 calendar days from the date it was posted and it is not advertised in Jobcentre Plus, we will be unable to appoint a candidate who requires sponsorship and regretfully will not be able to consider your application for that specific vacancy.

If a vacancy in this category has a closing date of 28 calendar days or more from the posting date and is advertised in Jobcentre Plus, we have complied with the RLMT and therefore applications from candidates who require sponsorship to work in the UK will be considered alongside other applicants. However, candidates who require sponsorship cannot be appointed if a suitably qualified, experienced and skilled EEA applicant is available.

All other Heriot-Watt vacancies These vacancies do not meet the minimum requirements set by UKVI to enable sponsorship of non-EEA Nationals except in certain circumstances. Please refer to the UKVI Codes of Practice to help establish whether you meet those circumstances:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/423732/codes_of_practice_april_2015.pdf

Or you can contact a member of the HR team for advice. https://intranet.hw.ac.uk/ps/hrd/Pages/Who's-Who-in-HRD-.aspx

CHECKING ELIGIBILITY TO WORK IN THE UK Any offer of employment we make to you will be conditional upon you gaining permission to work in the UK. By law, you will not be able to start working for us until you are able to provide evidence that this permission has been granted.

Interviews at Heriot-Watt University UK CampusIf you are invited to interview and attend one of our UK campuses, you will be asked to bring original documents from List A or List B with you (See Appendix 1) and a scanned copy will be taken. If you cannot provide evidence of right to work in the UK at interview stage, this must be provided before you can take up employment with us.

Interviews where you do not attend in personIf you do not attend the interview in person and are interviewed via Skype or similar method, you should send a legible scan of your passport, including photo page and any visa to the Hiring Manager in advance of the interview. At the interview, you should have your original passport with you and will be asked to hold it up so that we can compare what you have sent, with your original document and you in person. If you are subsequently offered a job at Heriot-Watt we will need to see your original document with you in person prior to your first working day.

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If you are not subsequently offered the position following the selection process, your eligibility documents will be securely destroyed.

CONDITIONAL OFFER OF EMPLOYMENTIf you are offered a job with Heriot-Watt, the scanned and verified documents will be retained in the HR system and a hard copy held in the HR file.

If you are offered a job with Heriot-Watt, it will normally be the case that a conditional offer will be made, particularly if it is not immediately obvious whether you can demonstrate your eligibility to work in the UK. (For example, we may need to apply for a Certificate of Sponsorship for you, or you may not have presented all relevant documents at interview, or you may not have been interviewed in person in the UK).

If it subsequently proves to be the case that you are not able to demonstrate your eligibility to work at the University or you are unable to obtain the necessary permission to work, we may have to withdraw your offer of employment.

When the conditional offer of employment is made you will be advised whether or not we need to verify your eligibility documents. We may also need to check other documents, such as your qualifications.

In order to carry out these checks in good time to allow you to start work on the provisionally agreed date you must make an appointment to visit the HR Office with your documents in advance of that proposed start date.

You MUST contact HR for advice as soon as possible if it is impossible to visit the campus until the day your contract is due to start.

If we do not see the documents in advance of your first day of employment, even if you are able to demonstrate your eligibility to work in the UK, we cannot backdate either the contract or the salary; we must amend the contract to the date on which we verified the documents.

FUTURE APPLICATIONSIt is important to note that, if we are unable to shortlist or interview you, or make or confirm an offer of employment for a particular vacancy, this does not exclude you from applying for subsequent vacancies. The range and suitability of candidates applying for each post will be different according to the specific requirements of each vacancy. So it is certainly not true to assume that if we are unable to offer you a particular job at a particular time, you will not be eligible to work at Heriot-Watt University in the future.

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GUIDANCE FOR SPONSORED EMPLOYEESThis Section covers the roles and responsibilities of non-EEA nationals employed on formal contracts of employment which are issued and managed within HR and who are sponsored under Tier 2 (General) and Tier 5 (GAE) of the Home Office Points-Based Sponsor Scheme. Appendix 2 is a template letter that all sponsored employees will be sent prior to the start of their employment, outlining the specific reporting responsibilities applicable to both the University and the employee.

If you are engaged as a casual worker, including students and/or External Examiners, please visit the Section: Guidance for Casual Workers.

If you are employed by Heriot-Watt on a part-time basis but are sponsored as a Tier 4 student either by us or another education institute, please see the section below on Tier 4 Students with an Employment Contract. You can also find further guidance in the section: Guidance for Tier 4 Students undertaking work.

ELIGIBILITY CHECKSBy the time you start work with us, we will already have checked your eligibility to work. Full details of how we do this are set out in the Section: Guidance for Applicants. We must have seen your original documents in person, including the visa issued following our application for a Certificate of Sponsorship (CoS) before you start work. If we do not see the documents in advance of your first day of employment, even if you are able to demonstrate your eligibility to work in the UK, we cannot backdate either the contract or the salary; we must amend the contract to the date on which we verified the documents.

Repeating checks We are obliged to carry out repeat checks each time a visa is renewed. The HR team keep a reminder system and will contact you several weeks before your passport/visa/other documentation showing your ongoing right to work in the UK is due to expire. You must then bring your new documents to HR to be scanned and verified and attached to your personal record and file. If you have obtained a new, higher qualification since the last check, you should update iHR and ensure HR has a copy of the new qualification for your personal file.

If you do not present your new documentation, or are unable to provide a good reason why your visa has not been renewed, we may not be able to continue to employ you. We may need to suspend you without pay pending an investigation and a check with the Home Office about your status.

If your application for a visa extension is rejected by the Home Office, you should let HR know immediately. We will arrange to meet with you and your line manager and/or Head of School/Director to discuss the decision and any options that might be available to allow us to continue your employment. However, there may be rare occasions where we are unable to continue employment and will need to terminate your employment. In this rare event, we will follow a fair process as set out in the Disciplinary Policy and Procedure and HR will provide full support and advice to all parties.

For further help and advice in specific cases, please contact a member of the HR team. https://intranet.hw.ac.uk/ps/hrd/Pages/Who's-Who-in-HRD-.aspx

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VISAS AND BIOMETRIC RESIDENCE PERMIT (BRP)It will be our responsibility to apply for and issue you with a Certificate of Sponsorship but it remains your responsibility to obtain the necessary visa and BRP. This must be done within 3 months of us issuing you with the CoS. It is very important that you comply with the timescales otherwise you risk being denied a visa, and may not be able to enter or remain in the UK.

All payments we make to employees sponsored under Tier 2 or Tier 5 must be made into your own bank account. The Home Office allows a period of 3 months from the date you start work in the UK to open an account. However, you should note that our HR and Payroll systems require bank details to be logged on or before your first day of employment so that we can make your first salary payment in good time. You should therefore consider opening a UK bank account as early as possible on your arrival in the UK.

REPORTING REQUIREMENTSIf you are a sponsored employee, there are additional reporting requirements that the University is required to monitor and act on. Therefore, in the following circumstances, as well as logging absences on iHR, there is a requirement for your line manager to inform HR as soon as possible if:

You do not turn up for your first day at work when expected You are absent for more than 10 working days without permission or without notifying your

manager of the reason for the absence You leave employment

It is therefore very important that you maintain up to date records on iHR via Employee self-service. This includes:

Changes to personal details such as your contact phone number*, address*, bank account, next of kin and emergency contacts

Annual leave Sickness Absence Family Leave (e.g. maternity, paternity, adoption, shared parental, emergency dependant) Other leave (e.g. Compassionate leave)

* When you update your address and contact phone number in iHR self-service, please use UPDATE rather than CORRECT, so that we retain a history of these details as required by the Home Office. For further help on iHR self-service, please login here . Travelling abroad for work purposesIf you are travelling abroad as part of your work, for example presenting papers or delivering lectures at conferences etc., you should ensure that you have the relevant approval from your line manager. Following approval to travel you must complete the online travel risk assessment prior to making any travel arrangements. You will also have the opportunity to request a consulate letter that will provide details of the travel insurance for your proposed travel. Please follow the link to the online form http://www1.hw.ac.uk/insurance/risk-assessment-travel-multi.htm

If you are required to travel abroad for work purposes on a regular basis, you may benefit from the Registered Traveller service. You must be 18 or older and have a passport from:

Australia Canada Hong Kong (only if you have a Special Administrative Region passport) Japan New Zealand South Korea Singapore

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http://www1.hw.ac.uk/insurance/risk-assessment-travel-multi.htm

https://intranet.hw.ac.uk/ps/hrd/i_HR/Pages/default.aspx


Taiwan (only if your passport has your personal ID number on the photo page) USA

You must also have a visa or have visited the UK 4 times or more in the last 24 months. The website below gives you more details about this:

https://www.gov.uk/registered-traveller

PAID AND UNPAID ABSENCEThe Home Office will only allow sponsored employees to receive reduced pay in certain circumstances. A reduction in pay is acceptable if you are on:

Authorised sick leave in excess of one calendar month where sick pay is less than full pay3 (noted on iHR and supported with fit notes where required)

Maternity, Paternity, Adoption or Shared Parental Leave

In all other respects, if you are absent for more than four calendar weeks without pay, for example you ask for a period of unpaid leave or you are absent without authorisation or approval (see Reporting Requirements above), we must report this via the sponsorship system. This means we are unable to continue to employee you and will be in breach of our licence if we do so.

The four calendar weeks may be a single occurrence or cumulative across the year January-December.

It is therefore not possible to approve unpaid sabbatical leave (or any other unpaid leave not included above) for you. If you do wish to take long term unpaid leave (or leave that under our policies would normally be unpaid), please seek urgent advice from HR.

EXTENSIONS AND CHANGES TO CONTRACTS

Tier 2 (General)You can come to the UK with a Tier 2 (General) visa for a maximum of 5 years and 14 days, or the time given on your certificate of sponsorship plus 1 month, whichever is shorter.

Your stay must start no more than 14 days before the start date on your certificate of sponsorship. You can apply to extend this visa for up to another 5 years, as long as your total stay is not more than 6 years.

Applications for Tier 2 CoS must be made by the University so HR will contact you at the earliest date we can apply for an extension to ensure that we have all the up to date information we require.

Requests for extensions under Tier 2 for existing staff are classed as “Unrestricted” and therefore not subject to the annual limit. That being the case, it should be a straightforward process of HR completing the paperwork and submitting the application in time. We will need to demonstrate that we carried out the RLMT when we first appointed you.

We will keep you advised as best we can of the progress of your application and will confirm the outcome at the earliest opportunity. Once the certificate has been issued, you will have three months to apply for entry clearance or leave to remain. It is important to note that we are only able to employ someone on a Tier 2 visa for the duration of your visa, regardless of the status of the contract. So if you are employed on a fixed term which is 3 Sick pay for Grades 6 and above is up to 6 months full pay followed by up to 6 months at half pay in any rolling 12 month period

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subsequently extended or converted to open-ended; or you are employed on an open-ended contract from the start of your employment, we can only continue to employ you for the duration of your visa and any subsequent extensions.

It is therefore important that you apply for a visa extension in good time so that you retain the right to work in the UK and there is no break in your eligibility.

Remaining in the same jobIf you are:

on a fixed term contract which is extended with no change other than the end of the fixed term,

an academic or researcher and you apply for another role that is in the same occupation code (SOC) as your current CoS

HR will apply for a new CoS and you can apply for an extension to the visa.

Changing jobs within Heriot-Watt If you apply for or are offered a different job that is not the same occupation code (SOC) as the current CoS, even if this is a redeployment opportunity, the vacancy will need to be re-advertised and selection made in line with the RLMT and we may not be able to guarantee you the post.

SOC Codes If you are an academic or researcher your SOC will either be:

2119 – includes all research only posts4

2311 – includes all teaching/scholarship and teaching & research academics5

If you are employed in a Professional Services role, it is likely that if you change roles, the SOC Code will be different and we will need to re-advertise the post in line with the RLMT.

If for any reason the application for an extension or an application for a new CoS and/or visa is rejected by the UKVI, you will be invited to a meeting with your line manager and/or Head of School, together with a member of the HR Team, to discuss the decision and any options that might be available to you and to us in order to continue your employment.

Tier 5 (GAE)You can stay in the UK for up to 12 or 24 months (depending on the scheme you’re applying for) or the time given on your certificate of sponsorship plus 28 days, whichever is shorter.

You can enter the UK up to 14 days before the start date of your job.Applications for Tier 5 CoS must be made by the University so HR will contact you at the earliest date we can apply for an extension to ensure that we have all the up to date information we require.

The maximum stay allowed (including any extensions) under Tier 5 (GAE) is a maximum of 2 years and cannot be extended beyond this date for any reason.

Employees sponsored under Tier 5 must be working in a supernumerary role, i.e. over and above our normal staffing requirements. You are therefore not able to apply for a vacancy in the University

4 Research Assistant, Research Associate, Research Fellow, Snr/Professorial Fellow5 Teaching Assistant, Assistant Professor, Associate Professor, Professor

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whilst being sponsored under Tier 5. Additionally, an individual being sponsored under Tier 5 GAE cannot switch into Tier 2 General.

SECONDARY/SUPPLEMENTARY EMPLOYMENT Supplementary Employment In certain circumstances you may be allowed to undertake other (“supplementary”) work in addition to that for which your CoS was assigned. Such work must be:

In the same profession and at the same level as the work for which the CoS was assigned OR A job which is on the Shortage Occupation List6

AND For no more than 20 hours per week Outside the normal working hours for which your CoS was assigned.

External Examiner duties for another HEI may fall into this category. However, you must advise the employer or organisation paying you to undertake this supplementary work that you are being sponsored under Tier 2 or 5, so that they can make the necessary eligibility checks for themselves, in line with the Home Office requirements.

Secondary Employment (Tier 2 only)Once you have used your CoS to gain leave to enter or remain in the UK, and you have started work, you may take other employment that does not meet the Supplementary Employment criteria listed above.

Secondary employment must be with a licensed sponsor (like Heriot-Watt and most other Universities) and you must be able to meet the criteria relevant to the secondary employment; the employer must also have recruited you in line with any appropriate criteria such as the Resident Labour Market Test and will need to assign a new CoS so that you can apply to the Home Office to vary your existing visa conditions.

STUDYING WHILST SPONSORED UNDER TIER 2 OR 5If you are sponsored under Tier 2 and Tier 5 you may undertake courses of study. There is no limit on the number of hours you can study or the level of course you may undertake, however as the primary reason for sponsoring you is for you to carry out work, we expect that any study undertaken does not affect your ability to carry out the job you have been employed to do.

If you intend to study a discipline covered by Appendix 6 of the Immigration Rules (and you are 18 years of age or over), you must obtain an Academic Technology Approval Scheme (ATAS) clearance certificate from the Counter-Proliferation Department of the Foreign and Commonwealth Office prior to commencing the study: see the link below:

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-6-academic-subjects-that-need-a-certificate

The course you undertake does not have to be with a sponsor licensed under Tier 4.

TIER 4 STUDENTS WITH AN EMPLOYMENT CONTRACT If you are a Tier 4 student, it is more likely that any work you undertake for Heriot-Watt is on a casual basis.

6At present there are no posts on the Shortage Occupation List eligible for Heriot-Watt to use

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However, there may be situations where we make a formal offer of employment to an individual on a Tier 4 visa. Bearing in mind that the primary reason for the Tier 4 visa is to study, and the weekly limit on a Tier 4 student’s hours, we will only employ you if you are a Tier 4 student on a contract up to a maximum of 0.5 FTE, i.e. 17.5 hours per week7 (or your maximum permitted weekly limit if this is less than 20 hours).

If you are a Tier 4 student, either at Heriot-Watt or elsewhere, with a 20 hour per week work limit and your employment contract is for 0.5FTE, you can only undertake other work, including overtime and whether paid or unpaid, during your course of study term time dates for 2.5 hours per week.

This means, if you are employed up to and including Grade 5, you cannot undertake any overtime or any work elsewhere during term time if your contracted hours are 17.5 per week.

If you are in Grade 6-10, even though your contract is deemed “hours as necessary” you cannot work beyond the weekly limit of your Tier 4 visa and your manager cannot expect this of you.

If you are sponsored under Tier 4 and we employ you on a part-time contract, you and your line manager must, regardless of grade:

Keep a weekly log of the hours you are working so that we can demonstrate at an audit that you have not breached the terms of the visa

Let HR know immediately if you suspect you may have worked in excess of your limited weekly hours, regardless of whether you are a Heriot-Watt student.

Timesheets may be sent to HR to hold in the personal file.

Full details about your responsibilities as a Tier 4 student undertaking work may be found in this Section: Guidance for Tier 4 Students undertaking work.

APPLYING FOR INDEFINITE LEAVE TO REMAIN (SETTLEMENT)If you have lived and worked in the UK for five years, you may be eligible to apply for Indefinite Leave to Remain (Settlement). HR will provide you with a letter confirming:

You are still needed to carry out the same job and will be needed for the foreseeable future What your salary is and that this is your regular salary. All your absences from the UK, the periods and purposes of work related absences and

periods of annual leave

It is therefore very important to keep iHR up to date with your annual leave or other leave taken; and to be able to provide HR with a list of dates when you were out of the UK for work purposes. The link to the web-page below gives you some advice on how to go about making an application. http://www.ukba.homeoffice.gov.uk/settlement/

LEAVING HERIOT-WATT If you leave the University before your CoS expires, HR will advise the Home Office and cancel the Certificate.

7 Our standard full time working week is 35 hours

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http://www.ukba.homeoffice.gov.uk/settlement/


GUIDANCE FOR CASUAL WORKERS & EXTERNAL EXAMINERSThis Section covers the roles and responsibilities of casual workers, including demonstrators and external examiners; or any other offer of work that is not covered by a bona-fide contract of employment or via an agency.

It sets out the process which should be followed to ensure that we capture all relevant information demonstrate that we have carried out appropriate checks regularly monitor work carried out by casual workers

in line with statutory reporting requirements. Further detail and information about the requirement to carry out checks can be found in the Section: Summary of Responsibilities

If you are a Tier 4 student undertaking paid or unpaid work of any kind, see the Section: Guidance for Tier 4 Students Undertaking Work.

If you are a Hiring Manager looking for advice and guidance on employing staff on formal contracts of employment please go to the Section: Guidance for Hiring and Line Managers.

For further information and guidance about the terms & conditions and rights of casual workers, including grade, salary, leave entitlement, absence and other entitlements, please speak to a member of HR.

POTENTIAL RESTRICTIONS ON CASUAL WORKERS’ RIGHT TO WORKEuropean Economic Area (EEA) nationals (which include the UK) have a right of residency in the UK and no restrictions on the type of work you can carry out. See Section: Who has the right to enter and work in the UK?

Non EEA nationals may acquire the right to live, work or study in the UK in a variety of ways. However, there may be restrictions on the type of work and the hours that you may work, depending on the type of visa that you have; for example:

If you hold a Tier 2 Visa you can only be employed on specific types of skilled work. It is highly unlikely that you would be eligible to be appointed to casual work. In certain, restricted circumstances, external examiner duties may be carried out with a Tier 2 visa but please check with HR if you are unsure.

If you are a student holding a Tier 4 Visa, where right to work is permitted, tight restrictions of a maximum 10 or 20 hours work per week apply during term-time depending on the type of study. This is an absolute maximum each week and includes paid employment, casual work, overtime, voluntary, unpaid work etc. The total hours worked in any one week when adding all types of work together must not exceed the permitted 10 or 20. 8

If you are based abroad and visit one of our UK campuses for the purposes of examining students, you may be able to obtain the Permitted Paid Engagement Visa (PPE) which specifically allows visitors to be paid to engage in one-off lectures or examining students.

8 Student VISITORS are not permitted to undertake any work. Students studying for a qualification below degree level are restricted to 10 hours per week during term-time. Students and Managers should refer to the visa if unsure which restriction/s apply. Holiday dates for PhD students should be agreed with their Supervisor – see Appendix 3

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For further information go to the Section: Guidance on Overseas Visitors to UK Campuses

PROCESS FOR UNDERTAKING CASUAL WORK– FIRST TIME APPOINTMENTIf you are a casual worker, and/or have been engaged as an External ExaminerBefore starting work of ANY kind for the first time, you must:

1. Complete the New Start Form http://www.hw.ac.uk/services/docs/NewStaffDetailsForm.docx

This requires passport details to be provided and outlines what documents are required in order to carry out the eligibility check.

2. Complete the EITHER the Declaration of Eligibility form for Casual Workers OR for External Examiners, both of which ask for more detail about your eligibility.Declaration of Eligibility to work in the UK – Casual WorkersD eclaration of Eligibility to work in the UK - External Examiners

3. Hand both these completed forms either to your manager, the Casual Administrator or Academic Registry contact as appropriate together with appropriate ORIGINAL (not photocopies) identification; this should ideally include a passport (and visa document if appropriate).

For details about the type of documents you should present, see Appendix 1 List of Acceptable Documents

NB: Additional Process if you are a Tier 4 Student carrying out casual or unpaid workBecause of the restrictions on the hours that a Tier 4 student may work, there are additional processes we must follow, regardless of whether you are being paid or undertaking voluntary work. See Section: Guidance for Tier 4 Students Undertaking Work.

CASUAL WORKERS WHO HAVE PREVIOUSLY CARRIED OUT CASUAL OR OTHER WORK AT HERIOT-WATT If you have carried out casual work or work on an employment contract at Heriot-Watt in the past, or if you regularly or intermittently do a few weeks casual work every year, your manager or Casual Administrator should check with you, ideally on an annual basis if any of the details on your original New Start Form have changed.

If your manager or Casual Administrator forgets to ask for an update and you know something has changed since you last worked for us, e.g. you have moved house or have a new bank account or your passport/visa details have changed, you must give these new details to your manager or Casual Administrator so that they can update your iHR record.

If you have a limited right to work in the UK (i.e. you are a non EEA/UK National and you have any type of visa that permits some work), we will need to check that you are still eligible to carry out casual work each time your visa or passport is renewed. If your passport or visa details have changed, you should let your manager or Casual Administrator know what has changed and also complete a new Declaration of Eligibility Form. You must also provide the new (original) documents such as passport and/or visa. You will be able to use the same employee number as before but we must be sure we have up to date details for you.

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http://www.hw.ac.uk/services/docs/DeclarationofEligibilitytoworkintheUKExternalExaminers.pdf

http://www1.hw.ac.uk/hr/htm/policies/Declaration%20of%20Eligibility%20to%20work%20in%20the%20United%20Kingdom%20External%20Examiners.doc

http://www.hw.ac.uk/services/docs/DeclarationofEligibilitytoworkintheUnitedKingdomCasualStaff.pdf

http://www.hw.ac.uk/services/docs/NewStaffDetailsForm.docx


If it becomes apparent that any casual worker has breached the terms of their visa, including a student working in excess of 20 hours per week, they will not be offered any further work and may not be paid for any work carried out in breach of the visa regulations.

GUIDANCE FOR TIER 4 STUDENTS UNDERTAKING WORKThis Section covers the responsibilities of students with a Tier 4 visa who may wish to carry out paid or unpaid work of any kind.

It sets out the process which should be followed to ensure that we capture all relevant information demonstrate that we have carried out appropriate checks regularly monitor work carried out by Tier 4 students

in line with statutory reporting requirements. Further detail and information about the requirement to carry out checks can be found in the Section: Summary of Responsibilities .

RESTRICTIONS ON TIER 4 STUDENTS’ RIGHT TO WORKA Student holding a Tier 4 Visa has been granted permission to undertake study and therefore where right to work is permitted, tight restrictions apply during term-time depending on the type of study.

Students studying for a qualification at degree level or above are restricted to 20 hours per week during term time.

Holiday dates for PhD students should be agreed with your Supervisor – see the Section Definition of Term Time Holiday for PhD Students.

Students studying for a qualification below degree level are restricted to 10 hours per week during term-time

Student visitors are not permitted to undertake any work.

You should refer to your visa if you are unsure which restriction/s apply.

Where your visa permits you to work up to a maximum limit per week, this is not an average figure but an absolute maximum each week and includes paid employment, casual work, overtime, voluntary, unpaid work etc. The total hours worked in any one week when adding all types of work together must not exceed the permitted 10 or 20. It is therefore important that weekly records are kept for Tier 4 students who are carrying out work of any kind so that we can demonstrate our compliance with the legislation at any check or audit carried out by the Home Office (UK Visas & Immigration). Failure to do so puts our ability to recruit overseas students and staff at risk.

PROCESS FOR UNDERTAKING CASUAL WORK– FIRST TIME APPOINTMENTBefore starting work of ANY kind for the first time, you must:


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This requires passport details to be provided and outlines what documents are required in order to carry out the eligibility check

2. Complete the Declaration of Eligibility form for Casual Workers which ask for more detail about your eligibility.Declaration of Eligibility to work in the UK – Casual Workers

3. Hand both these completed forms either to your manager or the Casual Administrator as appropriate together with appropriate ORIGINAL (not photocopies) identification; this should ideally include a passport (and visa document if appropriate). For details about the type of documents you should present, see Appendix 1 List of Acceptable Documents

4. You must inform your manager or the Casual Administrator if you are undertaking any other paid or unpaid work either within the University or outside

5. You must inform your manager or Casual Administrator how many hours per week you are already working, by completing the form set out at Appendix 3 Tier 4 Students Undertaking Work which is also incorporated into the New Start Form.

If you are a PhD student, your holiday dates must be agreed with your Supervisor and attached to the timesheet (see Appendix 3 for more details). If you do not know your holiday dates, please provide this information as soon as possible. If we do not have an approved note confirming holiday dates, we can only offer you work to the term-time limit of 10 or 20 hours a week.

6. You must not accept work, paid or unpaid, which would bring your total hours to more than your permitted 10 or 20 per week across all the work being undertaken.

Please note that if forms and timesheets are not completed; or information is missing such as signed and dated copies of passports/visas and weekly summaries of hours, we regret that we will not be able to process payment.

IF YOU HAVE PREVIOUSLY CARRIED OUT CASUAL OR OTHER WORK AT HERIOT-WATT If you have carried out casual work or work on an employment contract at Heriot-Watt in the past, or if you regularly or intermittently do a few weeks casual work every year, your manager or Casual Administrator should check with you, ideally on an annual basis if any of the details on your original New Start Form have changed.

If your manager or Casual Administrator forgets to ask for an update and you know something has changed since you last worked for us, e.g. you have moved house or have a new bank account or your passport/visa details have changed, you must give these new details to your manager or Casual Administrator so that they can update your iHR record.

As you have a limited right to work in the UK we will need to check that you are still eligible to carry out casual work each time your visa or passport is renewed. If your passport or visa details have changed, you should let your manager or Casual Administrator know what has changed.

You must also provide the new (original) documents such as passport and/or visa. You will be able to use the same employee number as before but we must be sure we have up to date details for you.

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You will be asked to complete the form at Appendix 3 every new academic year. If you are not offered it, you should volunteer to complete it again.

TIER 4 STUDENTS WITH AN EMPLOYMENT CONTRACT If you are a Tier 4 student, it is more likely that any work you undertake for Heriot-Watt is on a casual basis and you should follow the guidance set out above.

However, there may be situations where we make a formal offer of employment to an individual on a Tier 4 visa. Bearing in mind that the primary reason for the Tier 4 visa is to study, and the weekly limit on a Tier 4 student’s hours, we will only employ you if you are a Tier 4 student on a contract up to a maximum of 0.5 FTE, i.e. 17.5 hours per week9 (or your maximum permitted weekly limit if this is less than 20 hours).

If you are a Tier 4 student, either at Heriot-Watt or elsewhere, with a 20 hour per week work limit and your employment contract is for 0.5FTE, you can only undertake other work, including overtime and casual work, whether paid or unpaid, during your course of study term time dates for 2.5 hours per week.

This means, if you are employed up to and including Grade 5, you cannot undertake any overtime or any work elsewhere during term time if your contracted hours are 17.5 per week.

If you are in Grade 6-10, even though your contract is deemed “hours as necessary” you cannot work beyond the weekly limit of your Tier 4 visa and your manager cannot expect this of you.

If you are sponsored under Tier 4 and we employ you on a part-time contract, you and your line manager must, regardless of grade:

Complete the form set out at Appendix 3 which is incorporated into the New Start Form and hand it to HR before you start work

Keep a weekly log of the hours you are working so that we can demonstrate at an audit that you have not breached the terms of the visa

If you are a PhD student, ensure your holiday dates are agreed with your Supervisor and attached to the timesheet in any agreed holiday week.

Let HR know immediately if you suspect you may have worked in excess of your limited weekly hours, regardless of whether you are a Heriot-Watt student.

Timesheets may be sent to HR to hold in your personal file.

DEFINITION OF TERM-TIME AND HOLIDAYS FOR PHD STUDENTSStudents studying for a PhDYou are eligible to work up to a maximum of 20 hours per week during term-time. The hours cannot be averaged out, and all hours worked, regardless of employer, type of contract or paid/unpaid are combined together for the weekly limit.

PhD Students and holiday entitlement PhD students are entitled to 6 weeks holiday per year, as agreed with your Supervisor. During these 6 weeks, you may undertake unlimited work but the holiday must be clearly noted on the timesheet, otherwise the 20-hour limit will be applied. The UKVI does not define “unlimited work” but as

9 Our standard full time working week is 35 hours

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holiday is specifically granted under the Working Time Directive to recover and rest, we recommend that sensible and reasonable hours are offered during these periods.

Term-time is defined by the University Calendar Dates: http://www.hw.ac.uk/student-life/how-to-apply/academic-calendar.htm

RISKS IF THE PROCESSES ARE NOT CARRIED OUTIf a Home Office audit finds that we have not carried out our processes and cannot show evidence of your right to work in the UK; or we cannot demonstrate that we have checked and limited your working hours in line with your Tier 4 visa, we face a £20,000 fine per worker and risk losing our ability to recruit overseas students and employees. If it becomes apparent that any casual worker has breached the terms of their visa, including a student working in excess of 20 hours per week, they will not be offered any further work and may not be paid for any work carried out in breach of the visa regulations. If you are a student, you may also lose your Tier 4 visa, be unable to continue or complete your studies and may have to leave the UK.

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http://www.hw.ac.uk/student-life/how-to-apply/academic-calendar.htm



GUIDANCE FOR HIRING AND LINE MANAGERS INTRODUCTIONThis Section covers the roles and responsibilities of Hiring Managers and Line Managers employing staff on formal contracts of employment which are issued and managed within HR. If you are looking for advice and guidance on engaging casual workers, including students and/or External Examiners, please go to the Section: Guidance for Casual Administrators and Line Managers engaging Casual workers.

ADVERTISING THE POST: SPONSORSHIP AND RESTRICTIONS All non-EEA/UK nationals require a visa to work in the UK. The most common route for “skilled workers” is through a Tier 2 Certificate of Sponsorship (CoS) assigned by the University (HR) which allows the individual to apply for a visa. There are, however, other visa routes through which an individual is eligible to work in the UK.

In certain circumstances, the Home Office requires us to advertise and select candidates to protect the EEA/UK workforce (“settled workers”) by applying the Resident Labour Market Test (RLMT) only if we believe there is an insufficiently skilled pool of candidates from within EEA/UK markets from which to appoint.

The RLMT requires us to advertise the vacancy for at least 28 calendar days and in certain media, including our own web-site, plus at least one other medium (usually jobs.ac.uk) and, for certain posts, Jobcentre Plus. The vacancy must be at a certain NVQ skill level and attract a minimum salary (as defined in Government Codes of Practice).

Heriot-Watt Academic and Research VacanciesThese vacancies are also known as “PhD level posts” and may be filled by the best candidate, regardless of nationality, subject to the appropriate visa being obtained. We will automatically advertise all Academic and Research vacancies to comply with the RLMT but we are not required to advertise these vacancies in Jobcentre Plus.

“Named” ResearchersIf a non EEA national is specifically named on the Research Grant Funding and the post is “supernumerary”, we do not need to advertise the post in line with RLMT requirements.

Professional and Technical Vacancies at NVQ Level 6 or above and at least Grade 6 salaryWe are usually able to fill these vacancies by appointing a “settled worker”. Before advertising these vacancies, we encourage Hiring Managers to discuss with a member of HR whether they think the vacancy is so specialised that the EEA/UK market will be too narrow to select from as we do not automatically advertise these vacancies in line with the RLMT.

If the closing date on an advert is less 28 calendar days from the date it was posted and it is not advertised in Jobcentre Plus, we will be unable to consider applications from candidates who require Tier 2 sponsorship.

If a vacancy in this category has a closing date of 28 calendar days or more from the posting date and is advertised in Jobcentre Plus, we have complied with the RLMT and therefore applications from candidates who require sponsorship to work in the UK will be considered alongside other

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applications. However, candidates who require sponsorship cannot be appointed if a suitably qualified, experienced and skilled EEA/UK applicant meets the minimum essential criteria and is appointable (even if the candidate requiring sponsorship demonstrated a higher standard at interview).

All other vacancies These vacancies do not meet the minimum qualification and salary requirements set byUKVI to enable sponsorship of non EEA nationals except in certain restricted personal circumstances.

Further details about Sponsorship and Visas may be found in the Section: The Points Based System; Certificates of Sponsorship and Visas

DOCUMENT CHECKING Any offer of employment we make is conditional upon the candidate having or gaining permission to work in the UK. By law, we are unable to start a contract and/or pay salary or wages until we have seen and verified evidence that this permission has been granted.

Checking eligibility documents at interview stage help avoid delays in starting employment, especially when candidates are relocating to one of our UK campuses. In most cases the check will be quite straightforward.

We are not expected to take the place of trained Border Control Officers, and the Home Office accepts that we have limited time and experience when carrying out checks. Employers are expected to demonstrate reasonable attempts to check that the candidate has provided the right (original) documents and that the candidate and the documentary evidence match each other. Forgeries may be extremely sophisticated but there are some easy hints and tips which, provided we can demonstrate we have carried out a check to the best of our ability, will help our defence should a false passport or document be discovered during an audit.

Appendix 1 sets out the type of documents that a candidate must present Appendix 4 sets out a brief summary of what to look for when checking the documentation Appendix 5 shows a couple of examples of (anonymised) scanned documents

The University will additionally run periodic training events to provide more detailed advice on document checking.

Interviews at Heriot-Watt University UK CampusIf invited to interview at one of our UK campuses, you must ask the candidate to bring certain original documents and a scanned verified copy must be taken by a University employee.

If the candidate cannot provide evidence of the right to work in the UK at interview stage, this must be provided before s/he can take up employment with us and the start date may therefore be delayed.

Interviews where candidate does not attend in personIf the candidate does not attend the interview in person and is interviewed via Skype or similar method, s/he should send a legible scan of his/her passport, including photo page and any visa to the Hiring Manager in advance of the interview. At the interview, s/he should have the original passport with them and you must ask him/her to hold it up so that you can compare what was sent, with the original document and the candidate in person. If s/he is subsequently offered a job at

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Heriot-Watt, HR will need to see the original document and the employee in person prior to the first working day. If the candidate is already a Tier 4 student working at Heriot-Watt UniversityIt is important to note that a Tier 4 visa is not a work visa and in itself is not an automatic entitlement to work; however students with a Tier 4 visa may carry out limited hours work if the visa specifically states it.

If you are interviewing a prospective employee who is a current HWU student, s/he will already have provided passport and valid visa information at enrolment, so checking this scan and Banner to check continuity of student status would save having to ask the student for the same thing twice; but you must check that the status on Banner is still valid (for example, the visa has not expired). If in any doubt, you must ask the student to present the information at interview. If s/he is unable to do so, it must be provided before s/he can take up employment with us and the start date may therefore be delayed.

Successful candidates who become employees will require a scan of the relevant documents to be held in iHR.

SHORTLISTING AND MAKING CONDITIONAL OFFERS OF EMPLOYMENTThe guidance in this section is in the context of the right to work in the UK. For more detailed advice on recruitment and selection in general, please visit the HR web-page/SharePoint site: https://intranet.hw.ac.uk/ps/hrd/recruitment/Pages/Creating-Your-Vacancy-Online.aspx

Eligibility RestrictionsIf eligibility to work in the UK is restricted to obtaining a Tier 2 Certificate of Sponsorship and visa and your vacancy does not meet the requirements that allow us to sponsor a non-EEA national, we may not be able to shortlist or interview the candidate. However, it may not be clear from the candidate’s application that this is his or her only route to eligibility to work in the UK. If it is not clear from the application whether the candidate will be able to obtain the necessary visa, you should always contact HR for advice before proceeding to the next stage of the recruitment process. It may be fairer and safer to shortlist and interview the candidate but HR will be able to advise the most appropriate course of action.

If eligibility to work in the UK is restricted by a Tier 4 visa, we cannot employ a successful candidate on a full time contract; the hours we are able to offer will depend on the terms of the visa (usually, but not always, 20 hours per week as an absolute, not averaged, limit) and any other paid or unpaid work carried out for any other organisation. When making an offer of employment, we will offer a maximum 0.5 FTE (17.5 hours per week).

This means that even “hours as necessary” employees cannot work more than 20 hours per week during term time and the line manager will need to keep a time-sheet for the employee indicating the hours worked each week. See “Management Responsibilities once Employee has Started” below

ShortlistingYou should always short-list without reference to any personal information such as nationality, ethnicity, disability, etc. and you should not make assumptions about someone’s status based on any of their personal information, including their name.

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https://intranet.hw.ac.uk/ps/hrd/recruitment/Pages/Creating-Your-Vacancy-Online.aspx


Once you have completed your shortlisting and prior to contacting candidates, you must consult a member of the HR Admin team for advice as to whether you can reject a candidate at this stage and, if so, the most appropriate wording to use when telling the candidate the outcome. This is to prevent discrimination claims being brought against the university. It is a delicate area in which immigration law and UK discrimination law overlap and contradict and each situation will depend on the vacancy and the individual’s personal circumstances. Pre-employment discrimination claims may be brought by candidates who are outside the UK as well as those already within the UK.

Interviewing and making conditional offersYou should take care, when interviewing, that you do not ask any questions about, e.g. nationality that may be interpreted as discriminatory.

Whilst it is acceptable to ask a candidate if they already have the right to work in the UK, or how they intend to obtain the right to work in the UK, you should ask this question of everyone to avoid any potential claim that you have made a judgement about someone based on their nationality or ethnicity.

You should not make a final decision about suitability to appoint a candidate based purely on their potential eligibility or visa status. Neither should you reach any conclusion about their eligibility based on the documents produced and checked at interview, as it may be possible to apply for a CoS or visa once an offer of employment has been made.

However, if you are concerned that a document may have been tampered with or does not belong to or match the candidate or his/her details, you should contact HR as soon as possible, even if you continue the interview process.

When you have completed the interviews and are ready to make an offer, you should first check with HR to ensure any concerns or issues are addressed, or specific conditions required are included in the offer letter.

Formal offers of employment are always made by HR via iRecruit and are conditional on providing evidence of relevant qualifications; obtaining satisfactory references and demonstrating evidence to work in the UK. For example, we may need to apply for a CoS, or the candidate may not have presented all relevant documents at interview, or may not have been interviewed in person in the UK.

When the conditional offer of employment is made HR will advise the candidate whether or not we need to apply for a CoS; how and when to apply for a visa (if this is required) and remind the candidate that we will need to verify their eligibility documents before the first day of employment.

If it subsequently proves to be the case that the candidate is not able to demonstrate his/her eligibility to work at the University or s/he is unable to obtain the necessary permission to work, we may have to withdraw the offer of employment. Should this occur, HR will contact the candidate and explain why.

Timings and start datesA CoS must be applied for within 6 months of the date when the post was first advertised on all media (not the date on which the advert closed); or, for “PhD level” posts, within 12 months of the date the post was first advertised. The sponsored employee must then apply for his/her visa within 3 months of the date the CoS is assigned (or before their current visa expires, if they are already within the UK).

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The processing times for applying for and being granted a CoS and visa are set by the UKVI. The average visa processing time from issuing a conditional offer of employment to receiving a Tier 2 CoS and visa is approximately 3-4 months but this cannot be guaranteed. You should therefore take into account the length of time from first advertising the post to the likely date that the CoS and visa will be issued, when agreeing a provisional start date. Where a candidate who has accepted a conditional offer of employment has not previously been able to present their eligibility documents in person, or where s/he has had to apply for a CoS and/or visa after the interview, HR will carry out the check.

In order to carry out these checks in good time to allow the candidate to start work on the provisionally agreed date, you must request him/her to make an appointment to come into the HR Office with relevant documents in advance of that proposed start date.

You MUST contact HR for advice as soon as possible if the employee advises it is impossible to visit the campus until the day the contract is due to start.

If we do not see the documents in advance of the first day of employment, even if s/he is able to demonstrate eligibility to work in the UK, we cannot backdate either the contract or the salary; we must amend the contract and start date to the date on which we verified the documents.

RETAINING/DESTROYING PAPERWORKFollowing the selection process, the eligibility documents of all unsuccessful candidates should be securely destroyed. If you have any “reserve” candidates or candidates who met the criteria but were not the first choice, we recommend you wait until your successful candidate has been appointed, has accepted and their appointment is confirmed, in case you need to go back and make an offer to another short-listed candidate.

The successful candidates’ scanned and verified documents should be uploaded into iRec. They will be “pulled through” into iHR and additionally, a hard copy will be held in the personal file in HR.

All other documentation relating to recruitment and selection for each vacancy must also be returned to HR. This includes the shortlisting criteria and the panels’ decision on who has been shortlisted and why; the interview panel and summary of interview notes and outcomes, including a clear rationale against each candidate to indicate why s/he was or was not appointable.

HR retains this paperwork for a minimum period of 6 months. If the successful candidate is a non- EEA national, we are required by law to retain this paperwork until audited by the Home Office, which is a minimum period of 4 years or until we are audited. 10

If we are unable to demonstrate that we carried out a fair selection process in line with the RLMT when appointing a non-EEA national, we are at risk of having our licence removed and a heavy fine imposed.

MANAGEMENT RESPONSIBILITIES ONCE EMPLOYEE HAS STARTED Reporting RequirementsIf the employee is a Tier 2 sponsored employee, there are additional reporting requirements that the University is required to monitor and act on.

10 As of June 2016, our last audit was 2008 and we must retain all relevant paperwork until audited again.

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Therefore, in the following circumstances, as well as logging absences on iHR, managers must inform HR as soon as possible if:

S/he does not turn up for their first day at work when expected S/he is absent for more than 10 working days without permission or without notifying you of

the reason for the absence S/he leaves employment (please also tell HR if you know their new employer) You suspect the sponsored employee is breaching the conditions of their visa You suspect the sponsored employee is engaged in terrorism or other criminal activity

If the employee is a Tier 4 student, either at Heriot-Watt or elsewhere, s/he cannot undertake any other work, paid or unpaid during term time beyond their weekly limit. If their employment contract is for 0.5FTE, this means no more than 2.5 hours additional work per week, even if they are employed on “hours as necessary” contracts. You must:

Keep a weekly log of the hours the student is working so that we can demonstrate at an audit that the student has not breached the terms of the visa

Let HR know immediately if you suspect s/he may be working in excess of their limited weekly hours, regardless of whether or not the student is a Heriot-Watt student.

If you prefer, you may send the timesheets to HR to hold in the personal file.

Sponsored employees will be asked to sign a letter confirming that they understand their own responsibilities in reporting changes to their visa status or personal details, including contact numbers. A copy of the letter will be sent to the line manager. An example may be found at Appendix 2.

Paid and Unpaid AbsenceThe Home Office will only allow sponsored employees to receive less than full pay in certain circumstances. A reduction in pay is acceptable when the sponsored employee is on:

Authorised sick leave in excess of one calendar month (noted on iHR and supported with fit notes where required)

Maternity, Paternity, Adoption or Shared Parental Leave

In all other respects, if a sponsored employee is absent for more than four calendar weeks without pay, we are unable to continue to sponsor him/her and must report this via the sponsorship system. This means we are unable to continue to employee him/her and will be in breach of our licence if we do so. The four calendar weeks may be a single occurrence or cumulative across the year January-December.

It is therefore not possible to grant unpaid sabbatical leave (or any other unpaid leave not included above) to a sponsored employee. If a sponsored employee wishes to take long term unpaid leave (or leave that under our policies would normally be unpaid), please seek urgent advice from HR.

Extensions and changes to contractsMany non EEA/UK employees will be employed on a fixed term contract. If you wish to extend the fixed term contract for any reason or for any length of time, you should follow the normal process under the Fixed Term Policy and Procedures and the Vacancy Management process:

https://www.hw.ac.uk/services/docs/FixedTermPolicy.pdfhttps://www.hw.ac.uk/services/docs/FixedTermProcedures.pdf

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https://www.hw.ac.uk/services/docs/FixedTermProcedures.pdf

https://www.hw.ac.uk/services/docs/FixedTermPolicy.pdf


When applying for an extension, you should take into account the length of time left on the employee’s visa so that there is time for him/her to apply for a visa extension once the extension has been approved and before the visa expires. It is important to note that we are only able to employ someone on a Tier 2 CoS for the duration of their visa, regardless of the status of the contract. So if a fixed term is extended or converted to open-ended, or the contract is open-ended from the start of employment, we can only continue to employ the sponsored employee for the duration of their visa and any subsequent extensions.

If the employee is a Tier 2 sponsored employee and the contract is extended with no change other than the end of the fixed term, HR will apply for a new CoS and the employee can apply for an extension to the visa without the University having to re-advertise the post under the RLMT.

If the Tier 2 sponsored employee is offered a different job that is not the same occupation code as the current CoS, even if this is a redeployment opportunity, the vacancy will need to be re-advertised and selection made in line with the RLMT and the Tier 2 sponsored employee cannot be guaranteed the post.

In either case, if the extension brings the sponsored employee into the “experienced” category according to Home Office rules, his/her salary must match at least the “experienced” rate set out in the Code of Practice, if it does not already do so. HR will be able to advise you in these cases. Repeating checks We are obliged to carry out repeat checks each time a visa is renewed. This is the responsibility of the HR team who keep a reminder system and will contact the employee several weeks before the passport/visa/other documentation is due to expire. The employee must then bring their new documents to HR to be scanned and verified and attached to their personal record and file.

If employees do not present their new documentation, or are unable to provide a good reason why their visa has not been renewed, we will not be able to continue to employ them and may need to suspend them without pay pending an investigation and check with the Home Office about their status.

If an employee advises you that his/her application for a visa extension has been rejected by the Home Office, you should let HR know immediately. We will arrange to meet with you and/or Head of School/Director and the employee, to discuss the decision and any options that might be available to continue employment. However, there may be rare occasions where we are unable to continue employment and will need to dismiss the employee. In this rare event, we will follow a fair process as set out in the Disciplinary Policy and Procedure and HR will provide full support and advice to all parties.

For further help and advice in specific cases, please contact a member of the HR team. https://intranet.hw.ac.uk/ps/hrd/Pages/Who's-Who-in-HRD-.aspx

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GUIDANCE FOR CASUAL ADMINISTRATORS AND LINE MANAGERS ENGAGING AND CHECKING RIGHT TO WORK OF CASUAL WORKERS INCLUDING TIER 4 STUDENTS AND EXTERNAL EXAMINERSINTRODUCTIONThis Section covers the roles and responsibilities of Managers and Casual Administrators who engage, or manage the administration for, casual workers, including demonstrators, students, external examiners; or any other offer of work that is not covered by a bona-fide contract of employment or via an agency.

It sets out the process which should be followed to ensure that we capture all relevant information demonstrate that we have carried out appropriate checks regularly monitor work carried out by casual workers

in line with statutory reporting requirements.

If you are a Hiring or Line Manager looking for advice and guidance on employing staff on formal contracts of employment please go to the Section: Guidance for Hiring and Line Managers.

For further information and guidance about the terms & conditions and rights of casual workers, including grade, salary, leave entitlement, absence and other entitlements, please speak to a member of HR.

POTENTIAL RESTRICTIONS ON CASUAL WORKERS’ RIGHT TO WORKEuropean Economic Area (EEA) nationals (which include the UK) and Swiss nationals have a right of residency in the UK and no restrictions on the type of work they can carry out. See Section: Who has the right to enter and work in the UK?

Non EEA nationals may acquire the right to live, work or study in the UK in a variety of ways. However, there are restrictions on the type of work and the hours that many non EEA nationals may work, depending on the type of visa that they have; for example:

Someone holding a Tier 2 Visa can be employed on specific types of skilled work only, following specific recruitment and advertising requirements. It is highly unlikely that an individual in possession of a Tier 2 Visa would be eligible to be appointed to casual work. In certain, restricted circumstances, external examiner duties may be carried out with a Tier 2 visa but please check with HR first

A Student holding a Tier 4 Visa has been granted permission to undertake study and therefore where right to work is permitted, tight restrictions of a maximum 10 or 20 hours work per week apply during term-time depending on the type of study. This is not an average figure but an absolute maximum each week and includes paid employment, casual work, overtime, voluntary, unpaid work etc. The total hours worked in any one week when adding all types of work together must not exceed the permitted 10 or 20. 11

11 Student VISITORS are not permitted to undertake any work. Students studying for a qualification below degree level are restricted to 10 hours per week during term-time. Students and Managers should refer to the visa if unsure which

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It is therefore important that weekly records are kept for Tier 4 students engaged as casual workers so that we can demonstrate our compliance with the legislation at any check or audit carried out by the Home Office (UK Visas & Immigration). Failure to do so puts our ability to recruit overseas students and staff at risk

Some External Examiners who are based abroad and who will visit one of our UK campuses for the purposes of examining students may be able to obtain the Permitted Paid Engagement Visa (PPE) which specifically allows visitors to be paid to engage in one-off lectures or examining students. For further information go to the Section: Guidance for Overseas Visitors to UK Campuses .

PROCESS FOR APPOINTING CASUAL WORKERS– FIRST TIME APPOINTMENTBefore offering casual work of ANY kind for the first time, you must ask the casual worker, external examiner or student to:


This requires passport details to be provided and outlines what documents are required in order to carry out the eligibility check. It also includes the form set out at Appendix 3 for Tier 4 students

2. Complete the EITHER the Declaration of Eligibility form for Casual Workers OR for External Examiners, both of which ask for more detail about your eligibility.

Declaration of Eligibility to work in the UK – Casual WorkersD eclaration of Eligibility to work in the UK - External Examiners

3. Provide appropriate ORIGINAL (not photocopies) identification; this should ideally include a passport (and visa document if appropriate).

You must then:

1. Ensure that the name of the individual and the School/Professional Service/Department is clearly written on both the New Start and Declaration of Eligibility Form;

2. Photocopy and then sign and date a copy of the documents as follows: Where a passport is provided, the front cover, the personal details/photo page and any

page containing a visa with restrictions on working in UK The original visa document where it is not included within a passport For other forms of ID, all pages, or front and back of cards

For further guidance on which documents are acceptable and what to look for when carrying out a check, see Appendix 4 and Appendix 5.

3. The Casual Administrator should enter the casual worker’s details on iHR and upload a scanned signed copy of the passport/ID documents referred to above. S/he will then forward timesheets to Payroll for processing.

restriction/s apply. Holiday dates for PhD students should be agreed with their Supervisor – see Appendix 3

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http://www.hw.ac.uk/services/docs/DeclarationofEligibilitytoworkintheUKExternalExaminers.pdf

http://www1.hw.ac.uk/hr/htm/policies/Declaration%20of%20Eligibility%20to%20work%20in%20the%20United%20Kingdom%20External%20Examiners.doc




4. In respect of external examiners of Post-graduate Research students, the Academic Registry Department will contact those individuals who have been approached informally by the relevant School and set out the terms of the engagement, together with details of payment and the a request to complete the New Start and Eligibility Forms set out above. A sample invitation letter is set out at Appendix 6

NB: Additional Process for a Tier 4 Student carrying out casual or unpaid workBecause of the restrictions on the hours that a Tier 4 student may work, there are additional processes we must follow, regardless of whether the work is paid or voluntary work:

If you are a Manager or Casual Administrator: you must not offer to or process hours for a Tier 4 student which would breach a total

balance of 10/20 hours per week You must check that Appendix 3 (incorporated into the New Start Form) has been completed You must keep a record of hours worked by a Tier 4 Student Casual Worker on a WEEKLY

basis. This is required by the UKVI as part of the conditions of the sponsorship licence You should complete the Monthly Time Sheet as required by Payroll but also retain copies of

the weekly records. If you need a copy of the Payroll Monthly Timesheet please contact the Payroll Team

If the Casual Worker is a PhD student, then the holiday dates agreed between the student and the Supervisor must be attached to the timesheet (see Appendix 3). If s/he does not know their holiday dates, please ask them to provide this information as soon as possible. If we do not have an approved note confirming holiday dates, you can only offer work to the term-time limit of 10 or 20 hours a week. For further information about holiday dates for PhD students go to the Section: Definition of Term-Time and Holidays for PhD Students.

Please note that if forms and timesheets are not completed; or information is missing such as signed and dated copies of passports/visas and weekly summaries of hours, we regret that we will not be able to process payment.

PROCESS FOR CASUAL WORKERS WHO HAVE PREVIOUSLY CARRIED OUT CASUAL OR OTHER WORK AT HERIOT-WATT If you regularly use the same people to undertake casual work, you should check with the Casual Worker ideally on an annual basis to let you know if any of their personal or right to work details have changed. This need only be an enquiry or quick email at the point of engagement to see if anything has changed since the last engagement

If the Casual Worker has an unlimited right to work (e.g. EEA or UK national), there is no need for any further action UNLESS other personal details have changed, e.g. moved house or new bank account details. If there have been any changes, you should update iHR with the changes. You do not need to see any further documents.

If the Casual Worker has a restricted right to work in the UK which is stated on the visa, and there has been a change to their contact details (e.g. address, phone number) you should update iHR with the changes (select “UPDATE” as we need to show the Home Office address/contact details history. Do not use “correction”).

If the visa or passport expiry date has passed or is close to expiry, you should ask to see the documents again. If there has been a change to the passport (for example s/he has a new passport) or visa (the visa has been renewed or is a different type of visa), s/he must provide the new original documents.

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If the casual worker has a right to work under a different route to that previously declared (e.g. s/he is a dependant where previously s/he was a Tier 4 student, s/he must also complete a new Declaration of Eligibility form.

You must photocopy the new originals, sign and date them and forward them to the Casual Administrator (if you are not the Casual Administrator) together with the Declaration of Eligibility if required.

This will enable the Casual Administrator to identify the casual worker in iHR and to update the file and records. The same employee number may be used.

If the casual is a Tier 4 student and it is a new academic year, you should ask him/her to complete the Tier 4 Appendix again, (Appendix 3 in this document). It reinforces the message about the restriction on hours and the need to have holiday dates agreed.

If you engage casual workers to carry out work on a regular and prolonged basis, or wish to engage them for 3 months or more, you should discuss with a member of the HR Team whether it is more appropriate to appoint him/her on a Fixed Term Contract instead.

See the flowchart below to identify what checks you need to carry out and when.

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RISKS IF THE PROCESSES ARE NOT CARRIED OUTIf a Home Office audit finds that we have not carried out our processes and cannot show evidence of the casual worker or external examiner’s right to work in the UK; or we cannot demonstrate that we have checked and limited the Tier 4 Student’s working hours in line with their visa, we face a £20,000 fine per worker and also risk losing our ability to recruit overseas students and employees.

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Therefore, if you are not clear whether the Casual Worker is eligible to carry out the work offered, contact a member of the HR team (or Tim Burns in respect of student visas) straight away for advice.If it becomes apparent that any casual worker has breached the terms of their visa, including a student working in excess of 20 hours per week, they will not be offered any further work and may not be paid for any work carried out in breach of the visa regulations.

Managers who knowingly offer work which would result in a casual worker being in breach of their visa restrictions will be subject to disciplinary investigation, one of the outcomes of which may be dismissal for Gross Misconduct.

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GUIDANCE FOR OVERSEAS VISITORS TO UK CAMPUSESINTRODUCTIONThis Section outlines visa requirements for the type of activity that may be carried out by short-term or occasional visitors to the UK, for example, for a meeting, training or to carry out lectures or exam duties. For information about working in the UK, either as an employee or as a casual worker, please see the Sections:

Guidance for Sponsored Employees Guidance for Casual Workers

VISAS FOR VISITORSMost non-EEA visitors to the UK are required to obtain a visa to enter the UK. The onus is on the individual to apply (usually on-line) in advance of their visit.

Under UK Immigration legislation, we must check that everyone who comes to work for us has the right to work in the UK, in line with statutory reporting requirements. This applies to anyone who is undertaking work, including occasional lecturers or external examiners; and whether or not you are visiting the UK from one of our overseas campuses, an External Partnership (e.g. an Academic Learning Partnership) or another external organisation.

DO I NEED A VISA?European Economic Area (EEA) nationals (which include the UK) do not need a visa to enter or work in the UK.

Some Commonwealth citizens may also be able to visit the UK without needing a visa, through the Right of Abode.

Non EEA nationals may acquire the right to visit, live, work or study in the UK in a variety of ways. However, there are restrictions on the length of visit, the type of work and the hours that you may work, depending on the type of visa you obtain.

You can check on the Home Office website to see if you need a visa and if so, what the most appropriate visa for your purpose is:


See also the Section: Who has the right to enter and work in the UK?

WHAT TYPE OF VISA SHOULD I APPLY FOR?Set out below are the most likely visas you will need to apply for, depending on the business reason for visiting the UK.

You should not apply for a Tourist Visa if you are visiting the UK on business for any purpose.

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Standard Visitor Visa You can apply for a Standard Visitor Visa if you want to visit the UK for business-related activities such as:

Visiting the UK for a conference, meeting or training As an academic, you are carrying out research or accompanying students on a study abroad

programme

The earliest you can apply is 3 months before you travel. You should get a decision on your visa application within 3 weeks.

You can usually stay in the UK for up to 6 months. If you can prove you need to visit the UK regularly over a longer period, you can apply for a visa that lasts 2, 5 or 10 years. You can stay for a maximum of 6 months on each visit.

If you’re applying as an academicYou can stay in the UK for up to 12 months if you’re applying as an academic. You must prove you are highly qualified within your field of expertise, on sabbatical leave from your home institution and visiting to either:

take part in a formal exchange with a UK counterpart carry out your own research take part in someone else’s research, teaching or clinical practice - as long as this doesn’t

involve filling a permanent teaching post

Check the Visitor Rules to find the full list of business-related activities you can do with a Standard Visitor visa:https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-v-visitor-rules

Permitted Paid Engagement Visa (PPE)The Permitted Paid Engagement Visa (PPE) specifically allows visitors to be paid by the host organisation (e.g. Heriot-Watt) to engage in one-off lectures or examining students and is particularly relevant for External Examiners who may not already have the right to work in the UK.

If you are visiting the UK to carry out external examiners duties, there is further information in the section below: External Examiners.

APPLYING FOR A VISAYou can apply online for UK visa or Certificate of Entitlement (for Right of Abode applications). It is your responsibility to pay for the cost of the visa and the International Health Surcharge (IHS) if applicable12 at the time of making the visa application.

You can apply here for most visas:https://www.visa4uk.fco.gov.uk/home/welcome

If you are applying for a Permitted Paid Engagement visa you may also be able to use a new service:13

12 If you are coming to the UK for 6 months or more.13 Currently this service is only available to people applying in: Anguilla, Antigua and Barbuda, Bahamas, Bahrain, Barbados, Belarus, Benin, Bermuda, British Virgin Islands, Canada, Cayman Islands, China, Dominican Republic, Dominica, Egypt, Grenada, Guyana, Haiti, India, Iran, Iraq, Israel, Jamaica, Jordan, Kuwait, Lebanon, Montserrat, Nigeria, Occupied Palestinian Territories, Oman, Pakistan, Qatar, Russia, Saudi Arabia, South Africa, St Kitts and Nevis, St Lucia, St Vincent, Thailand, Trinidad and Tobago, Turkey, United Arab Emirates and Yemen.

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https://www.visa4uk.fco.gov.uk/home/welcome

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-v-visitor-rules


https://visas-immigration.service.gov.uk/product/uk-visit-visa

Registered Traveller ServiceYou may be eligible to apply for the Registered Traveller service to get through UK border control faster and to avoid the need to fill in a landing card.

You must be 18 or older and have a passport from: Australia Canada Hong Kong (only if you have a Special Administrative Region passport) Japan New Zealand South Korea Singapore Taiwan (only if your passport has your personal ID number on the photo page) USA

You must also have a visa or have visited the UK 4 times or more in the last 24 months.


Supporting PaperworkIt can be helpful to have headed signed paper copies of the invite and outline of the work to be undertaken to present at Border Control as well as the visa. Even if you are visiting from a country that does not require a visa to enter the UK, it will help Border Control understand why you are visiting. See Appendix 7 for a template.

EXTERNAL EXAMINERS – additional informationSee the Section: Guidance for Casual Workers details about visiting to carry out external examiner duties, including the requirement to complete the Eligibility Check document.

The Eligibility Check document helps us to understand the most appropriate route into the UK to avoid either you being stopped at Border Control and refused entry to the UK; or Heriot-Watt being fined and losing its licence if we are found not to have carried out a check and to have employed someone who is not legally entitled to work here. If we offer you work as an external examiner and you are outside the UK, unless you already have the right to work in the UK (perhaps as a dependent/family member of someone who does have the right, or you are a UK/EEA national), the most appropriate route is likely to be via the Permitted Paid Engagement Visa; but the University will need to see the visa stamp in your passport to verify your eligibility and to ensure that we can demonstrate we have carried out all reasonable checks; this should be done before you attend the first meeting/viva.

If you are unable to obtain a visa to visit the UK, there is a possible alternative (but this will really depend on the circumstances of the viva or the duties you are carrying out as an external examiner).

If the work can be carried out or the viva can be held without you entering the UK (for example by Skype), then we do not need you to have the right to work in the UK because you are not actually physically present in the UK. But this would be a worst-case scenario as it may not be the best solution for the student.

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https://visas-immigration.service.gov.uk/product/uk-visit-visa


Whichever option is preferred, you would have to discuss this with Academic Registry and comply with their procedures and if coming into the UK, ensuring you present the passport with visa stamp in person at the earliest opportunity.

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Appendix 1: LISTS OF ACCEPTABLE DOCUMENTS FOR RIGHT TO WORK CHECKSThe documents that the Home Office consider acceptable for demonstrating right to work in the UK are set out in two lists; List A and List B.

List AThis list contains the range of documents that may be accepted for checking for someone who has a permanent right to work in the UK.

1. A passport showing the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK.

2. A passport or national identity card showing the holder, or a person named in the passport as the child of the holder, is a national of a European Economic Area country or Switzerland.

3. A Registration Certificate or Document Certifying Permanent Residence issued by the Home Office to a national of a European Economic Area country or Switzerland.

4. A Permanent Residence Card issued by the Home Office to the family member of a national of a European Economic Area country or Switzerland.

5. A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to the holder indicating that the person named is allowed to stay indefinitely in the UK, or has no time limit on their stay in the UK.

6. A current passport endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK.

7. A current Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the named person is allowed to stay indefinitely in the UK, or has no time limit on their stay in the UK, together with an official document giving the person's permanent National Insurance number and their name issued by a Government agency or a previous employer.

8. A full birth or adoption certificate issued in the UK which includes the name(s) of at least one of the holder's parents or adoptive parents, together with an official document giving the person's permanent National Insurance number and their name issued by a Government agency or a previous employer.

9. A birth or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, together with an official document giving the person's permanent National Insurance number and their name issued by a Government agency or a previous employer.

10. A certificate of registration or naturalisation as a British citizen, together with an official document giving the person's permanent National Insurance number and their name issued by a Government agency or a previous employer.

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List BThis list contains the range of documents that may be accepted for checking for someone who has a temporary right to work in the UK. It consists of two Groups, depending on the type of time-limited permission you hold.

If you are successful in your application and become an employee, we are required to carry out a follow-up check before your permission to work in the UK expires.

Group 1: Documents which provide an excuse until the expiry date of leave

1. A current passport endorsed to show that the holder is allowed to stay in the UK and is currently allowed to do the type of work in question.

2. A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to the holder which indicates that the named person can currently stay in the UK and is allowed to do the work in question.

3. A current Residence Card (including an Accession Residence Card or a Derivative Residence Card) issued by the Home Office to a non-European Economic Area national who is a family member of a national of a European Economic Area country or Switzerland or who has a derivative right of residence. (Please note: EEA Family Permits are not included in this list and the University is unable to accept these as proof of right to work.)

4. A current Immigration Status Document containing a photograph issued by the Home Office to the holder with a valid endorsement indicating that the named person may stay in the UK, and is allowed to do the type of work in question, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.

Group 2: Documents where a time-limited excuse lasts for 6 months

1. A Certificate of Application issued by the Home Office under regulation 17(3) or 18A (2) of the Immigration (European Economic Area) Regulations 2006 to a family member of a national of a European Economic Area country or Switzerland stating that the holder is permitted to take employment which is less than 6 months old together with a Positive Verification Notice from the Home Office Employer Checking Service.

2. An Application Registration Card (ARC) issued by the Home Office stating that the holder is permitted to take the employment in question, together with a Positive Verification Notice from the Home Office Employer Checking Service.

3. A Positive Verification Notice issued by the Home Office Employer Checking Service to the employer or prospective employer which indicates that the named person may stay in the UK and is permitted to do the work in question.

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Appendix 2: TEMPLATE LETTER FOR ALL SPONSORED (TIER 2 OR 5) EMPLOYEES

Instruction to HRThis letter should be sent to all employees who are sponsored by the University on a Tier 2 or Tier 5 visa to sign and return when they present their updated visa and other documents in HR. The signed copy should be kept on the employee’s personal file.

The signed letter should also be copied to the sponsored employee’s line manager to remind him/her of the responsibilities for managing sponsored employees as required by the Home Office.

Dear

The University is delighted to be able to sponsor your Tier 2 or Tier 5 visa. As an A-Rated Sponsor with the Home Office, the University must comply with extremely strict Home Office requirements in order to retain our license. We are grateful for your cooperation and understanding of the need to comply with Home Office requirements and the severe consequences which may be imposed on both Heriot-Watt and sponsored employees for failure to comply with these requirements.

Contact detailsYou must ensure that the University has up to-date contact details for you at all times, including your home address, home phone number and mobile phone number. You must update our HR system, iHR, using Employee Self Service, immediately if any of these details change. For details of how to do this, see https://intranet.hw.ac.uk/ps/hrd/i_HR/Pages/About-iHR.aspx

During a Home Office inspection, the University must show that it holds your most up to date contact information. Therefore,

If you are travelling abroad for work the online travel risk assessment you are required to complete should contain a contact number and an agreed “check-in” if you are travelling to a remote location.

Absence recording and reportingThe Home Office requires us to hold accurate records of your absences (e.g. sick absence, annual leave, family leave, special leave, etc.). We are required to report to the Home Office any periods of unauthorised leave in excess of ten consecutive working days.

In addition, sponsored employees are not permitted to take unpaid leave in excess of a total of one month in any twelve month period from January to December (except in the case of sick leave or family leave such as maternity, paternity, adoption or shared parental leave).

In the event of the University having to report unauthorised leave in excess of ten consecutive working days or unpaid leave in excess of one month to the Home Office, the Home Office are likely to cancel your visa.

It is therefore essential that you ensure that all leave is agreed with your line manager and recorded on iHR. If you are taking, or plan to take, any unpaid leave, other than sick leave or family leave

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https://intranet.hw.ac.uk/ps/hrd/i_HR/Pages/About-iHR.aspx


referred to above, you must seek advice from HR as soon as possible as it may not be possible to continue to sponsor you. This includes long-term compassionate leave and sabbaticals. Changes to job details as recorded on your certificate of sponsorshipThe University is required to report the following changes to the job details on yourCertificate of Sponsorship to the Home Office:

A change in job title, duties, hours or campus A change in salary (including salary changes due to maternity, paternity, adoption and sick

leave) but not salary changes due to University-wide pay increases or increments If you leave early (e.g. if you resign, have your funding withdrawn, your fixed term contract

is brought to an end early, or you are dismissed for any reason).

It is extremely important that you report any changes to the information recorded on yourCertificate of Sponsorship to HR Services immediately and before any changes are agreed or take effect.

Changes to your immigration statusThe University is required to report to the Home Office if you change your immigration status which means that the University is no longer your sponsor (e.g. if you obtain lndefinite Leave to Remain, an EEA family permit, a dependant visa, or any other form of visa which is not sponsored by the University).

Please ensure that you report any changes in your immigration status to HR Services immediately.

Acceptance

I accept the responsibilities set out above and undertake to update iHR and/or notify HR Services in writing immediately of any changes.

Signed…………………………………………………………………………………………………

Date……………………………………………………………………………………………………

cc: Line ManagerPersonal File

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Appendix 3 - TIER 4 STUDENTS UNDERTAKING WORK OR VOLUNTARY WORK AT HERIOT-WATT UNIVERSITY

Please complete the relevant parts of this form and sign and date overleaf EVERY TIME you accept work of any type from anywhere in Heriot-Watt University or EBS.

My Name………………………………………… My Student Number…………………………………..My Payroll Number (if previously engaged) ….....................................................................

I am a student with permission to work limited by the terms of my Tier 4 visa and I understand that any work, whether as a casual worker or contracted employee; paid or unpaid, counts towards my weekly limit of 10 or 20 hours per week during term-time including:

Paid casual work Volunteering Student ambassador Student Union Officer Any other type of paid or unpaid work

I understand that working hours are calculated on a weekly basis rather than a monthly average.

Please complete the statement/s which apply to you

1. I am studying for a PhD

a. Yes (Go to Q2)b. No (Go to Q3)

2. My term-time dates are…………………………………………….………………………………….

My holiday dates are14…………………………………………………………………………………..

My Supervisor is (Name, School)……………………………………………………………………

3. This is the first time I have accepted work from Heriot-Watt University or EBS and I have provided details of my eligibility to work in original (not photocopied) documents to you.

a. Yesb. No (Go to Q4)

4. I have worked for Heriot-Watt University or EBS previously on:

(date/s)……………………………………………………………………………………………………

14 If you are unable to provide this, we can only offer you restricted term-time hours

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PTO:I carried out the following work in (state which School, Directorate or EBS)

……………………………………………………………………………………………………………

I provided evidence of my eligibility to work to: (Name)…………………………………………………………………

I understand that I must not accept work, paid or unpaid, which would bring my total hours above the limit of 10 or 20 hours that is shown on my Tier 4 visa for each week including all the work being undertaken.

I declare that in accepting this offer of work, the total weekly hours including any other work I may carry out for Heriot-Watt, EBS and/or any other employer, will not result in a breach of the terms of my visa.

SIGNED……………………………… DATE………………

Please now hand this form to the person who has offered you the work or who has asked you to complete the form.15 If it becomes apparent that you have breached the terms of your visa by working in excess of 20 hours per week, you will not be offered any further work and may not be paid for any work carried out in breach of the visa regulations.

DEFINITION OF TERM-TIME AND HOLIDAY FOR TIER 4 STUDENTSStudents studying for a PhDYou are eligible to work up to a maximum of 20 hours per week during term-time. The hours cannot be averaged out, and all hours worked, regardless of employer, type of contract or paid/unpaid are combined together for the weekly limit.

PhD Students and holiday entitlement PhD students are entitled to 6 weeks holiday per year, as agreed with your Supervisor. During these 6 weeks, you may undertake unlimited work but the holiday must be clearly noted on the timesheet, otherwise the 20-hour limit will be applied. The UKVI does not define “unlimited work” but as holiday is specifically granted under the Working Time Directive to recover and rest, we recommend that sensible and reasonable hours are offered during these periods.

Students studying for a qualification AT LEAST at degree level but below PhDYou are eligible to work up to a maximum of 20 hours per week during term time. The hours cannot be averaged out, and all hours worked, regardless of employer, type of contract or paid/unpaid are combined together for the weekly total.

Students studying for a qualification BELOW degree level, e.g. foundation or pre-sessional English language programmes The maximum limit is 10 hours per week during term time. If you are a student attending, for example, a 2-semester English programme, you may undertake casual work up to this limit. The entitlement to work and the limits will be clearly stated in your passport and visa stamp.

15 NOTE TO MANAGER: Please pass this to the Casual Administrator with copies of any agreement of hours to be scanned and held in iHR. For HWUSU managers, please ensure this form is kept on file.

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Term-time is defined by the University Calendar Dates: http://www.hw.ac.uk/student-life/how-to-apply/academic-calendar.htm

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Appendix 4: WHAT TO LOOK FOR WHEN CHECKING DOCUMENTSChecking the DocumentsWhen looking at the documents presented (usually a passport), scan or copy:

The front cover Any page containing personal details, including nationality Any page containing the holders photo Any page with an expiry date Any page with visa information

The copy or scan should be legible and the same size as the document/s.

Verifying the information You are not expected to be an expert in verification but you are expected to carry out a reasonable check to see if there are any potential forgeries/changes.

Does the document belong to the person presenting it? Does the photo look like the person presenting it? Do the personal details (name, date of birth, nationality etc.) match the information on the

application form? Is the passport or other document current?16

Has the document been tampered with or altered in any way? Does the document “look and feel” right? (e.g. watermarks and embossing)

Expired passports may be accepted for EEA/UK nationals but you are still expected to check that the individual reasonably looks like their photo, so if you are presented with a passport that was issued as a child, or a long time in the past, you may need to ask for additional evidence from List A to verify.

Confirming the informationOnce you have seen the documents, checked, verified and scanned/copied them, you need to sign and date them.

On each page you copy, you should: Date stamp or write in date Stamp with a Heriot-Watt stamp Sign and write your name and job title Write “Original presented and verified” on each page Ensure the document and your verification are as legible as possible

Retain and/or destroy as set out in the main body of this Guidance.

If in doubt, contact a member of the HR Admin team.

Samples of (anonymised) verified documents are at Appendix 5

16 Non EEA/UK nationals must have a current passport with current visa/biometric in the same document. An expired passport with an unexpired biometric is not acceptable evidence and we would need the individual to apply for a new passport with biometric and bring additional current evidence to HR before confirming an offer of employment.

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Appendix 5 – PASSPORT SAMPLESBritish Passport Sample

Passport Cover

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British Photo Page

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Non-EEA/UK Sample

Passport Cover

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Non-EEA/UK Photo Page

July 2016


July 2016


Appendix 6: SAMPLE OF INVITATION TO NEW EXTERNAL EXAMINER

«NAME»«JOBTITLE»«DEPARTMENT»«INSTITUTION»«ADDRESS4»«ADDRESS5»«ADDRESS6»

6 May 2023

Dear «COURTESY»

Candidate: «STUDENT»Degree: «DEGREE»Thesis Title: «TITLE»

On behalf of the Senate of the University, I have pleasure in inviting you to act as External Examiner in the case of the above-named student who is a candidate in the «SCHOOLINSTITUTE» of «SCHOOLNAME»

I understand that the School/Institute has already contacted you informally on this matter; I shall send you a copy of the thesis when it is submitted. Should you not wish to act as an external examiner for the above candidate please contact me at the address below.

Please find enclosed a copy of the Handbook on Examining for Research Degrees. Additional information, detailing the External Examiner duties and responsibilities can be obtained from our website at: http://www.hw.ac.uk/registry/examinations/thesisexamination.htm

Payment of Fees and Expenses:Payments are made through the University’s Payroll Section directly into an Examiner’s designated bank account. To enable payments to be made please complete the New Staff Details form available at the website above.

Please ensure that you bring this completed form and the required identification documentation as specified in the New Staff Details Form (see Note B) with you to the viva. This is a statutory requirement of the UK Visa and Immigration Department with which the University must comply. If there is no viva and/or you are not required to attend a UK Heriot-Watt Campus to carry out the work, we are still obliged to undertake this eligibility check. Please therefore contact x to discuss how this requirement may be met prior to your carrying out the work. It should be noted that the University is unable to pay the fee or any expenses without this documentation.

The following fees are paid to External Examiners of postgraduate research students:

MSc and MPhil - £90.00 per thesis PhD (or equivalent degree) - £120.00 per thesis

In the case of a re-submitted thesis where the same External Examiner acts a second time, the fee will be one half of the fee given above.

If you require further information, please refer to our website: http://www.hw.ac.uk/registry/examinations/thesis.htm or contact me by email: [email protected].

Yours sincerely

Registry Officer (Studies Committees)Enc.

July 2016


cc. Internal Examiner: «INTERNAL» «INTDEPT»Supervisor(s): «SUPERVISOR», «DEPTSUP»

PGR Administration Office, «SCHOOLINSTITUTE» of «SCHOOLNAME»

Appendix 7: EXAMPLE OF A TEMPLATE INVITATION TO VISIT THE UK

Private & ConfidentialName Job TitleHeriot-Watt UniversityAddress

Dear Name

Visitor – Heriot-Watt University Edinburgh Campus

I am writing to confirm the arrangements for your visit to our Edinburgh Campus as a Standard/Permitted Paid Engagement Visitor from date until date.

During your visit you will meet with names and job titles to insert purpose of visit. You will also meet with various other colleagues. The University's Dubai/Malaysia Campus will pay expenses relating to accommodation and travel to Scotland and will continue to pay your salary during your stay in the UK.

This invite is subject to your obtaining the appropriate visa from UK Visas and Immigration (UKVI). You should bring this letter with you when you travel to the UK as well as any other documentation required; see the link below for details of how to apply for a visa and the documentation required.

https://www.gov.uk/standard-visitor-visa

If you have any questions please do not hesitate to contact me.

I hope you enjoy your visit.

Yours sincerely

Director of Human Resource Development

July 2016

https://www.gov.uk/standard-visitor-visa


July 2016