Imperial College London has a Sponsor licence which recognises us as a 'A' rated - Highly Trusted Sponsor, which allows us to sponsor eligible non EEA nationals nationals to work for us under Tiers 2 and 5 of the Points Based System.

UK Visa and Immigration (UKVI) imposes strict conditions on the employment of non EEA nationals under Tiers 2 and 5.  In order that we can Immigration stamp continue to employ non EEA nationals, we must ensure that we are requesting and assigning Certificates of Sponsorship appropriately and keeping the required records. 

As sponsor licence holders we can expect to have our files audited by a UKVI compliance officer at any time, to ensure that we are fully compliant with our responsibilities.

Failure to comply with the UKVI's conditions may result in the College’s sponsorship rating being downgraded or licences withdrawn, fines and, potentially, criminal prosecution.  If our licence were to be withdrawn or temporarily suspended then we would not then be able to employ workers from outside the EEA under Tiers 2 or 5.  If our licence was revoked or temporarily suspended all existing Certificates of Sponsorship would also be revoked and the relevant employees would have to leave our employment with immediate effect. 

Personal responsibility

As an employer, the College has a responsibility to comply with immigration rules but it is also the responsibility of managers of Tier 2 and 5 workers and those workers themselves to ensure their compliance.  Any queries in relation to compliance should be referred to your local HR representative for advice.

An unlimited fine and/or maximum of a two year prison sentence may be applicable for anyone knowingly employing an illegal migrant worker.

Your responsibilities

Manager

WHAT you need to know

As the manager of a Tier 2 or 5 visa holder both you, your sponsored worker and the College have to meet a number of ongoing legal requirements. These include:

 Right to work checks

Confirming the individual’s right to work in the UK as part of any initial verification checks.

Please note, follow up checks are required within a specified time period, normally when the individual’s existing permission expires. Where these time periods are not met or specific documents received then the individual will not be able to continue working.

Absence/attendance

Maintaining an up-to-date record of:

  • Any absences that are part of the College’s normal processes:
      • Planned absences such as Annual Leave; Family Leave (i.e. Maternity Leave, Paternity /Maternity Support Leave, Adoption/Surrogacy Leave & Parental Leave); and Special Leave such as Jury Service/Witness Duty, Sabbatical Leave/Leave of Absence, Secondments, Study Leave,  leave for Public Duties & Volunteer Reserve Forces, etc 
      • Unplanned absences such as Sickness Absence; and Special Leave such as Compassionate Leave and Domestic/Family Emergency Leave, etc. N.B. unplanned absence should be notified as soon as possible, ideally on the day the absence occurs.
      • Any other occasions where the individual is working away from the College and/or is not contactable e.g. attending Conferences outside the UK, etc. N.B. Absences that are part of the normal work related comings and goings such as working from home, travel to conferences within the UK, etc. do not need to be recorded providing the individual has provided you with their up-to-date contact details and is contactable within a reasonable period of time.

 Contact details

Keeping their contact details (home address, home telephone number (if they have one) and mobile telephone number) up-to-date.

 Biometric Residence Permit (BRP)

Reporting if their BRP is lost, stolen or damaged or changes to address, personal details or circumstances.

Travel outside the UK

Please be aware that:

  • If the individual is outside of the UK and their leave to remain expires, they will not be able to re- enter the UK unless they make a further successful application for leave, which would require a new Certificate of Sponsorship.
  • If they are a Tier 2 worker earning less than £153,500 per annum, they would also be subject to a ‘cooling off’ period of 12 months from the date their leave expired before they could apply again under Tier 2.
  • Their leave to remain will automatically lapse if they leave the UK, Republic of Ireland, Isle of Man or the Channel Islands, and they do not have entry clearance or have been granted leave to remain in the UK for 6 months or less.

WHAT you need to do

    • Obtain, check and copy the individual’s original documents to confirm their right to work in the UK. For individuals coming to the UK from overseas, where the document provided is the short validity (travel) vignette in the individual’s passport which they used to travel to the UK, you must ensure that you check and copy their Biometric Residence Permit (BRP) before the vignette expires.
    • Complete an ICAMS request via ASK HR Policy, Systems and Information (selecting the ICAMS option) so that the individual is set up on the Imperial College Absence Management System (ICAMS).
    • Approve any absence requests the individual raises using  ICAMS. Guidance is available.
    • Use the first day induction meeting to ensure that your member of staff understands all the above responsibilities, including the requirement to raise absence requests using ICAMS and how to do this.
    • Report any of the following circumstances to your local HR representative immediately:
      • The individual does not turn up for their first day at work (new appointments/associations only)
      • The individual’s contract/work/research project ends - this should be confirmed via a completed Leaver's form as soon as possible prior to the individual’s end date.
      • The individual takes  a period of unpaid leave in excess of one month
      • Any significant changes  in circumstances e.g. promotion, salary, maternity, paternity , adoption or long term sick leave in excess of one month, location, duration of contract or TUPE transfer
      • The individual is absent from work for more than 10 consecutive working days without permission
      • You suspect that the individual is in breach of their leave conditions

Please note that if the individual’s immigration status changes and they cease to be a Tier 2 or 5 worker, the above requirements will also cease.

Print a copy - Responsibilities for managers of Tier 2/5 workers

Individual

WHAT you need to know

As a Tier 2 or 5 visa holder both you and the College as your sponsor have to meet a number of ongoing legal requirements. These include:

Right to work checks

Demonstrating your right to work in the UK as part of any initial and follow up verification checks.  

 Absence/attendance

Maintaining an up-to-date record of:

  • Any absences that are part of the College’s normal processes:
    • Planned absences such as Annual Leave; Family Leave (i.e. Maternity Leave, Paternity /Maternity Support Leave, Adoption/Surrogacy Leave & Parental Leave); and Special Leave such as Jury Service/Witness Duty, Sabbatical Leave/Leave of Absence, Secondments, Study Leave,  leave for Public Duties & Volunteer Reserve Forces, etc 
    • Unplanned absences such as Sickness Absence; and Special Leave such as Compassionate Leave and Domestic/Family Emergency Leave, etc. N.B. unplanned absence should be notified as soon as possible, ideally on the day the absence occurs.
  • ·        Any other occasions where you are working away from the College and/or are not contactable e.g. attending Conferences outside the UK, etc. N.B. Absences that are part of the normal work related comings and goings such as working from home, travel to conferences within the UK, etc. do not need to be recorded providing you have provided your manager with up-to-date contact details and you are contactable within a reasonable period of time.

 Contact details

Keeping your contact details (home address, home telephone number (if you have one) and mobile telephone number) up-to-date.

 Biometric Residence Permit (BRP)

Reporting if your BRP is lost, stolen or damaged or changes to address, personal details or circumstances.

 Travel outside the UK

Please be aware that:

  • If you are outside of the UK and your leave to remain expires, you will not be able to re- enter the UK unless you make a further successful application for leave, which would require a new Certificate of Sponsorship.
  • If you are a Tier 2 worker earning less than £153,500 per annum, you would also be subject to a ‘cooling off’ period of 12 months from the date your leave expired before you could apply again under Tier 2.
  • Your leave to remain will automatically lapse if you leave the UK, Republic of Ireland, Isle of Man or the Channel Islands, and you do not have entry clearance or you have been granted leave to remain in the UK for 6 months or less.

WHAT you need to do

  • Provide original documents that confirm your right to work in the UK as part of any initial and follow up verification checks. At the point you need to apply for an extension to your right to work, this must be done before your current permission expires.  Please note that follow up checks must take place within a specified time period, normally when your existing permission expires. Where these time periods are not met or specific documents received then you will not be able to continue working.
  • If you have been issued with a short validity (travel) vignette in your passport, which you used to travel to the UK, you must collect your Biometric Residence Permit (BRP) from a designated Post Office within 10 days of your first arrival into the UK and provide this as a part of your right to work in the UK check.
  • Notify your line manager of your absences as soon as possible. You can do this by raising a request using the ASK HR Policy, Systems and Information (selecting the ICAMS option).  Guidance is available.
  • Advise us of any changes to your contact details. You can do this via the ICIS self-service system (Personal Details).
  • Report a lost, stolen or damaged BRP or changes to address, personal details or circumstances to UK Visas & Immigration (UKVI) immediately.

 What else you need to know

 The College is obliged to inform the UKVI if:

  • You do not turn up for your first day at work (new appointments/associations only)
  • Your contract/work/ research project ends
  • You take  a period of unpaid leave in excess of one month
  • Any significant changes  in circumstances e.g. promotion, salary, maternity, paternity , adoption or long term sick leave in excess of one month, location, duration of contract or TUPE transfer
  • You are absent from work for more than 10 consecutive working days without permission
  • We suspect that you are in breach of your leave conditions

If your immigration status changes and you cease to be a Tier 2 or 5 worker, the above requirements will also cease.

Print a copy - Responsibilities for individuals sponsored under Tier 2/5