Employers' responsibilities

All divisions, departments, faculties and colleges have a responsibility to ensure that every employee, and every migrant visitor, however brief the visit, is properly entitled to work in, and/or participate in the activities of, the University.

It is essential that the University complies with the legislation of the Immigration, Asylum and Nationality Act 2006, and with the policies and regulations of the Home Office's UK Border Agency.

The University's compliance with the law will be checked, probably in unannounced visits direct to the employing institutions, by the UKBA. The consequences of non-compliance are very serious and the penalties that can be imposed are potentially severe.

There are several ways in which university and college employees (i.e. staff on the payroll) may be entitled to work in the UK. These include, amongst others, EEA or Swiss nationals, holders of a Tier 1 (highly skilled worker, exceptional talent, or post-study worker) visa, a dependant visa, a student visa (with certain restrictions), or a UK Ancestry visa. In these cases there are no formal record-keeping or reporting requirements. However, it is essential that departments/colleges are able to satisfy themselves, and the UKBA if required (e.g. by keeping a copy of the passport/visa stamp and biometric ID card where the migrant holds one), of such individuals’ right to work in the University. 

See the Personnel Services website for information on how to conduct right to work checks.

For un-sponsored migrant visitors (e.g. academic visitors), while there are no formal record-keeping or reporting requirements, it is essential that departments/colleges check to ensure that all individuals in these categories have the necessary entitlement to participate in the activities of the University and hold sufficient information (e.g. copy of passport/visa stamp) to be able to demonstrate this to the UKBA if required.

The University’s sponsor licences for Tier 2 (skilled workers with a job offer) and Tier 5 (temporary workers) impose specific record-keeping and reporting responsibilities. These are described below.

Record-keeping responsibilities for sponsors of Tier 2 and Tier 5 migrants

All sponsors must keep the following records or documents for Tier 2 and Tier 5 visa holders, and make them available to officials of the UKBA on request. The University, as sponsor, in turn expects employing divisions, departments, faculties and colleges to ensure its compliance with these requirements.

The following documents and records must be kept for one year or until a UKBA compliance officer has examined and approved them, whichever is the longer period.

Documents confirming personal information and employment details:

  • copy of passport or UK immigration status document 
  • copy of Biometric Residence Permit or visa showing the migrants entitlement to work
  • copy of the migrants National Insurance Number
  • history of contact details (UK address, telephone number, mobile telephone number). Note that the UKBA expects a history of contact information to be kept, not just the latest contact information. This information must always be kept up to date
  • absence record
  • copy of contract of employment/services between the department/college and the migrant which clearly shows:
    • the names and signatures of all parties
    • the start and end dates of the contract
    • details of the job or piece of work the migrant has been contracted to do
    • the salary to be paid
  • detailed job description outlining the duties and responsibilities of the post which must include the skills, qualifications and experience required for the post. 

Documents confirming that the UKBA's resident labour market test (advertising requirements) have been met:

  • Where the vacancy was advertised on the web (including on the University of Oxford’s vacancies website), a printout from the website(s) hosting the advert, on the date the vacancy is first advertised, which clearly shows:
    • the name of the website
    • the content of the advert
    • the date of printing
    • the url
    • the closing date for applications.

Please note that if the website clearly shows the date that the vacancy was first advertised, the printout can be taken at any time during the period the vacancy is advertised. Also note that where the printed advert does not quote the University of Oxford as the employer, a copy of a letter from the provider of the host website confirming that the advert was placed on behalf of the University of Oxford will be required.

  • Where the advert was placed on the JobCentre Plus (or DirectGov) website, a printout from the website, on the date the vacancy is first advertised which clearly shows:
    • the JobCentre Plus logo
    • the content of the advert
    • the vacancy reference number
    • the date of printing
    • the url
    • the closing date for applications.

Please note that if the website clearly shows the date that the vacancy was first advertised, the printout can be taken at any time during the period the vacancy is advertised. Also note that where the printed advert does not quote the University of Oxford as the employer, a copy of a letter from the provider of the host website confirming that the advert was placed on behalf of the University of Oxford will be required.

  • Where the advert was placed in a national newspaper or professional journal, a copy of the job advert as it appeared in the publication which clearly shows:
    • the title of the publication
    • the content of the advert
    • the closing date for applications.

Please note that where the advert does not quote the University of Oxford as the employer, a copy of a letter from the host publication confirming that the advert was placed on behalf of the University of Oxford will be required.

  • Where the recruitment was conducted via a recruitment agency:
    • a copy of the contract between the department/college and the recruitment agency
    • a copy of the invoice
    • copies of any adverts placed - these must clearly show all of the information above (i.e. content of the advert, date of printing, url, closing date).
  • Where the migrant is a Tier 2 visa holder and is a named researcher on a grant, a copy of the grant application and award naming the migrant, their start date and starting salary.

  • Where the migrant is a Tier 5 visa holder, a copy of the funding agreement showing the duration of the visit and funding to be paid.
  • If no resident labour market test was conducted because the migrant was switching from a Tier 1 Post-Study Worker visa, evidence that they had been working for the University department or college for longer than six months before the date of the visa application and that they were working in the same job on the date they applied for their visa. Evidence may include a contract of employment showing the job title and date employment commenced and payslips. Payslips must be formal payslips or on headed paper. If the payslips are not on headed paper, or they are online payslips, the department/college must provide a signature and stamp on a printout to authenticate the evidence.
  • All applications shortlisted for final interview in the medium in which they were received (e.g. emails, application form, cv).

  • The names and total number of applicants short-listed for final interview.
  • Notes from the final interviews conducted.

  • Documented reasons why each rejected EEA national who attended a final interview was not employed. Reasons must directly relate to the essential selection criteria for the post.

Documents confirming that the migrant is being paid at the appropriate rate:

  • Copies of the migrant’s payslips, clearly showing the name, NI number, tax code, and any allowances paid and deductions made. Payslips must be formal payslips or on headed paper. If the payslips are not on headed paper, or they are online payslips, the department/college must provide a signature and stamp on a printout to authenticate the evidence. 

  • Evidence of the amount and frequency of all salary payments made to each migrant, showing the transfer of each payment into the named migrant's bank account. Account records must clearly identify the specific migrant’s wage in order for the UKBA to assess whether the migrant is being paid in line with what was originally stated on the Certificate of Sponsorship and within the UKBA's rules.
  • Where the migrant receives allowances as part of their salary package (e.g. where accommodation is provided), evidence of the value of those allowances is required to be kept unless the contract of employment/payslips clearly shows the value of the allowance.

  •  A copy of the Standard Occupational Classification (SOC) code for the post in question which clearly confirms the UKBA’s minimum salary for the type of post in question. A list of SOC codes can be found in the UKBA's Codes of Practice.

Documents confirming that the migrant holds the appropriate skill level for the post advertised:

  • Copies of any qualifications the migrant holds to confirm that they meet the skill level specified in the advert (e.g. Masters, PhD).

  • Copies of any registration and/or professional accreditation documents the migrant is required to hold in order to do the job (e.g. where the migrant is a doctor, proof of registration with the GMC).

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Reporting responsibilities for sponsors of Tier 2 and Tier 5 migrants

The following information or events must be notified within five working days by departments/colleges to the Work Permits Desk by email for reporting to the UK Border Agency. This requirement applies to both Tier 2 and Tier 5 migrants.

  • If a sponsored migrant does not turn up for their first day of work (the start date given on the Certificate of Sponsorship) for any reason.
    Please notify the Work Permits Desk within five working days of the start date given on the Certificate of Sponsorship and include the reason for non-attendance (e.g. missed flight, visa application still pending). Reasons may include:
    • where the migrant has not submitted their visa/leave to remain application by the start date given on the Certificate of Sponsorship 
    • where the migrant has submitted their visa/leave to remain application but they are still awaiting a decision on the application. 
  • If a migrant sponsored under Tier 2 or Tier 5 is absent from work for more than 10 consecutive working days without your permission.
    Please notify the Work Permits Desk within five working days of the tenth day of unauthorised absence.
  • If a sponsored migrant’s contract of employment/services or visit is terminated earlier than was indicated on the CoS, for example where the migrant resigns or is dismissed. Please notify the Work Permits Desk within five working days of the final date of the migrant's employment/time on the project.
  • If the University stops sponsoring the migrant for any other reason.
    Please notify the Work Permits Desk within five working days of the date that the migrant's new work visa was issued, or within five working days of the first day of unpaid leave. Reasons may include:
    • the migrant has moved into an immigration route that does not require a sponsor (e.g. Tier 1 or settlement)
    • the migrant has taken a period of unpaid leave in excess of one month (except a period of maternity, paternity, adoption or sick leave). A period of unpaid leave in any other circumstances will result in the University having to stop sponsoring the migrant. In such circumstances, the migrant will require a new visa before being able to return to work. 
  • If there are any significant changes in the sponsored migrant’s circumstances.
    Please notify the Work Permits Desk within five working days of the date that the change becomes effective. Such changes may include:
    • a promotion or change in job title/core duties, other than those which require a new visa (check with the Work Permits Desk if you are unsure if changes will result in a new visa being required)
    • a change of salary from the level stated on the migrant’s CoS, other than changes due to annual increments or bonuses
    • a change to the hours of work from that stated on the CoS
    • a change of salary from the level stated on the migrant’s CoS due to a period of maternity, paternity or adoption leave, or a period long-term sick leave that lasted for one month or longer
    • the location the migrant is employed at changes
    • if the duration of their contract of employment/services, or their visit is shortened.
  • Any information which suggests that a sponsored migrant is breaching the conditions of his or her leave.
    Please notify the Work Permits Desk within five working days of the date that the department becomes aware of such activity.

  • If there are any suspicions that a migrant is engaging in terrorism or any other criminal activity.
    Please notify the Work Permits Desk immediately in such circumstances.

The Work Permits Desk has created a Letter for migrants (reporting duties) (35kb) to issue to migrants once they commence their work/research with the University that outlines their responsibility to inform departments of any change in personal details and immigration status.

There is also a Letter for colleagues who manage migrants (reporting duties) (38kb) outlining departmental reporting duties.

Note re. academic staff: The above record-keeping and reporting responsibilities apply to all staff, including academic staff. It is recognised that academic staff are normally appointed by divisions. It might therefore be considered more appropriate for divisions, rather than the departments in which the academic staff work, to maintain the records for academic staff. However, this is a matter for consideration by the divisions and their respective departments. Either option would be acceptable, but it is essential that the necessary records are kept in at least one location.

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Documents