Employing non-EEA nationals

All non-EEA nationals require permission to work in the UK issued by the UK Border Agency.

Employing non-EEA nationals with indefinite right to work in the UK

Some prospective employees who are non-EEA nationals may already hold permission to work in the UK for an indefinite period. For example, this may be in the form of an Indefinite Leave to Remain visa.

Departments must retain a copy of the passport endorsed with the visa showing that the holder is exempt from immigration control and allowed to stay and work in the UK indefinitely by following steps 1-3 of the right to work check guidance.

Departments will not need to carry out repeat right to work checks for those prospective/existing employees who hold indefinite permission to work in the UK.

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Employing non-EEA nationals with limited right to work in the UK

Some prospective employees who are non-EEA nationals may already hold permission to work in the UK for a limited period of time. For example, this may be in the form of a Tier 1 visa, UK Ancestry visa or as the dependant of a work visa holder. Such individuals will be permitted to take up employment straight away as long as the visa is valid. Departments must retain a copy of the passport endorsed with the visa showing that the holder is permitted to work in the UK by following steps 1-3 of the right to work check guidance.

Where an employee holds limited permission to work in the UK, departments must complete repeat right to work checks at least every 12 months by following steps 1-3 of the right to work guidance. Where an employee's visa is due to expire within 12 months, departments must ensure that they seek proof that an employee has made an application to extend their permission to work (visa) before their existing visa expires.

Some prospective employees who are non-EEA nationals may hold a Tier 2 work visa. Tier 2 visas only permit an individual to work for the sponsor who issued the Tier 2 Certificate of Sponsorship and only allow them to work in the specific post that was detailed when the Certificate of Sponsorship was issued. Therefore, when conducting right to work checks on prospective employees, departments should be aware that current Tier 2 visa holders will not be permitted to take up new employment without either obtaining a new Tier 2 visa for the post in question or switching into an employment visa route that does not restrict an individual to working in a specific post for a specific employer such as Tier 1. Departments should note that in such cases, the prospective employee will not be permitted to take up the new post until a new visa is granted that allows them to do so. In some cases, this can take up to 12 weeks.

Departments must retain a copy of both the email containing the Tier 2 CoS number issued by the Work Permits Desk and the passport endorsed with the Tier 2 visa or the Identity Card for Foreign Nationals (ICFN) showing that the holder is permitted to work in the specific post by following steps 1-3 of the right to work check guidance.

Where an employee is granted a Tier 2 visa, departments must complete repeat right to work checks at least every 12 months by following steps 1-3 of the right to work guidance. Where an employee's visa is due to expire within 12 months, departments must ensure that they seek proof that an employee has made an application to extend their permission to work (visa) before their existing visa expires.

Further information on making a Tier 2 application can be found on the Work Permits Desk website.

Departments also have additional reporting and record-keeping responsibilities for those who hold Tier 2 work visas. Details of these responsibilities can be found on the Work Permits Desk website.

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Sponsored Researchers (Tier 5)

Sponsored researchers must enter the UK under Tier 5 (Government Authorised Exchange). Departments must complete an initial right to work check by following steps 1-3 of the right to work guidance before the sponsored researcher enters the department to conduct research.

The department must then repeat the right to work checks at least every 12 months by following steps 1-3 of the right to work guidance. Where a sponsored researcher's Tier 5 visa is due to expire within 12 months, departments must ensure that they seek proof that the researcher has made an application to extend their visa before their existing visa expires.

Tier 5 visas only permit an individual to conduct research for the sponsor who issued the Tier 5 Certificate of Sponsorship and only allow them to work on the specific research project that was detailed when the Certificate of Sponsorship was issued. Therefore, when conducting right to work checks on sponsored researchers, departments should be aware that current Tier 5 visa holders will not be permitted to take up the research opportunity without obtaining a new Tier 5 visa for the research in question or switching into a visa route that does not restrict an individual to being based with a specific organisation, such as Tier 1. Departments should note that in such cases, the researcher will not be permitted to take up the research opportunity until a new visa is granted that allows them to do so. The migrant would be required to return to their home country to obtain a new Tier 5 (Government Authorised Exchange) visa.

Departments must retain a copy of both the email containing the Tier 5 CoS number issued by the Work Permits Desk and the passport endorsed with the Tier 5 visa showing that the holder is permitted to conduct research by following steps 1-3 of the right to work check guidance.

Where a department is hosting a sponsored researcher for more than 12 months, they must complete repeat right to work checks at least every 12 months by following steps 1-3 of the right to work guidance. Where a sponsored researcher's visa is due to expire within 12 months, departments must ensure that they seek proof that an employee has made an application to extend their permission to conduct research (visa) before their existing visa expires.

Further information on making a Tier 5 application can be found on the Work Permits Desk website.

Departments also have additional reporting and record-keeping responsibilities for those who hold Tier 5 (Government Authorised Exchange) visas. Details of these responsibilities can be found on the Work Permits Desk website.

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Registering with the police

Nationals of some countries are required to hold a Certificate of Registration (sometimes known as a Police Registration Certificate) and must report to their local police station within 7 days of the following events taking place:

  • entry into the UK
  • change of address
  • change of employment, profession or occupation
  • absences of two months or more from the current registered address
  • change of name
  • change of marital status
  • change of nationality
  • change in passport details

Nationals of the following countries must register with the police:

Afghanistan Algeria Argentina Armenia
Azerbaijan Bahrain Belarus Bolivia
Brazil China Colombia Cuba
Egypt Georgia Iran Iraq
Israel Jordan Kazakhstan Kuwait
Kyrgyzstan Lebanon Libya Moldova
Morocco North Korea Oman Palestine
Peru Qatar Russia Saudi Arabia
Sudan Syria Tajikistan Tunisia
Turkey Turkmenistan United Arab Emirates Ukraine
Uzbekistan Yemen Stateless Migrants  

It will be clear on the migrant's visa that they are required to register with the police.

In order to apply for a Certificate of Registration, the migrant will need to visit their local police station with their passport, current visa, two photographs and payment for the fee of £38 (payment is currently only taken in cash).

The University's local police station is located at St Aldate's, Oxford, OX1 1SZ and can be contacted on 08458 505 505.

Whilst it is not a legal requirement for employers to check that a migrant from one of the above countries has registered with the police, it is strongly recommended that departments advise such migrants of their responsibility to register. Otherwise, it may not be possible to extend a migrant's work visa, should it be required to do so, if they have failed to register with the police or report any of the circumstances outlined above. Failure to comply with this requirement carries a fine of up to £5,000 or up to six months imprisonment for the migrant.

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