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UK Immigration Points Based System

Guidance for Heads of School/Unit

At the end of 2008, the Home Office implemented the Points Based System for employing non-EEA nationals who need permission to work in the UK.  The Work Permit Scheme is now obsolete, however these visas remain valid until their expiry date. Any migrant curently employed on a Work Permit will move into the Points Based System once their current visa expires. As part of the immigration system, the University of St Andrews holds an A-rated sponsorship licence for Tier 2 of the PBS which covers skilled workers with a job offer, and Tier 5 which covers temporary workers.

The features of the Points Based System include:

• Any non-EEA national will have to pass a points-based assessment before the Home Office will grant permission to enter, or remain, in the UK.
• All vacancies have to be advertised on Job Centre Plus for a minimum of 28 days in addition to one other method of advertising (e.g. Jobs.ac.uk) before a non-EEA skilled migrant can be brought to the UK.
• Non-EEA nationals must show that they have had at least £800 in their bank account at all times in the preceding three months prior to their visa application. In the event that dependants accompany them, they must also show that they have enough funds to support them.
• An English Language Test to assess migrants' ability to speak English to a competent level (unless the migrant is from an English speaking country or holds a degree taught in English).

The new process, following advertisement and interview, will be:

1. Human Resources will obtain a Certificate of Sponsorship for the appointee (migrant).  In order to do this we will need to demonstrate that:
   
   1. The resident market labour test has been complied with (through advertising as detailed above), ensuring that the advert closing date is not more than 6 months prior to our request for the Certificate of Sponsorship; or
   2. The migrant must be named on a grant.
2. The job that the migrant will be filling is at or above graduate level.
3. The migrant must provide personal information (eg full name, date of birth, passport details) to HR.
4. Human Resources may request information from the PI/Manager relating to the work the migrant will undertake.

For migrants coming to the UK from overseas, the University has to ssubmit a formal application to the UK Border Agency for a Restricted Certificate of Sponsorhip for that migrant on a case-by-case basis. The application is considered on a monthly basis where there is a quota of 1500 certficates helpd by the UK Border Agency.

Once the Certificate of Sponsorship is awarded the migrant will be:

1. Advised of the specific reference number by Human Resources via email.
2. Advised by Human Resources to apply for their entry clearance/permission to work in the UK under Tier 2 (General) of the PBS either through the Home Office or their nearest Visa Application Centre.
3. Required to undertake and pass a points-based assessment which includes checking competence in English Language and maintenance funds.

The timescales for processing applications for Leave to Remain/Entry Clearance are updated regularly and can be viewed from the UK Border Agency website at: Tier 2 General timescales (Home Office)

As part of our sponsorship licence, the University now has certain reporting and recording duties we must comply with.  They include:

1. Keeping full records relating to the migrant eg copies of passport, ID card, UK Immigration documents and contact details (address and telephone number).
2. We must report to the Home Office within 10 working days if:
• the migrant does not turn up on their first day of work, giving the reason why.
• the migrant is absent for more than 10 working days.
• the migrant's contract of employment ends (either through resignation, redundancy or dismissal) with details of any new employer if known.
• the University stops sponsoring the migrant for any other reason (e.g. if they move to a different tier of the PBS that does not need a sponsor).
• there are any significant changes to the migrant's circumstances (e.g. change of job, salary, location of work).
• the University has information which suggests the migrant is breaching the conditions of their leave, such as involvement in terrorism or crimial activities.

If you have any questions, or require further information, please contact either Cameron Little on ext 2497 (cl81@st-andrews.ac.uk) or Kathryn Tait ext 2565 (Kathryn.Tait@st-andrews.ac.uk)

Human Resources
Updated August 2011