• Home
  • Login
  • Welcome to the Staff Intranet

Visas & Immigration Guidance

 

Our Visas & Immigration Guidance provides information on how to comply with UKVI legislation, and the University's practices in relation to the recruitment and employment of employees with limited leave to remain and work in the UK. Links to the guidance can be found below, as well as key points for your reference.
 
 
......................................................................................................................................................................... 
 
Key points for reference:
 
A Right to Work Check must be completed before an individual starts work, and this applies to all workers - casuals, part-time demonstrators, zero hours lecturers, fixed term or permanent employees.
 
A Right to Work Check involves:
1. Obtaining the person's original documents
2. Checking the documents in the presence of the holder
3. Making and retaining a clear copy, and making a record date of the check
 
The following must be copied (from the original) for each passport check, and you must complete the check in the presence of the holder:
Any page with the document expiry date;
•Any page containing the holder's nationality, date of birth, signature;
•Any page containing a leave expiry date;
•Any page containing biometric details;
•Any page containing the passport holder's photograph;
•Any page containing information on entitlement to enter or remain in the UK and undertake the work in question (including stamps in the passport);
•The front cover no longer has to be copied, however it is currently University practice to continue this process
 
Please also ensure that the documentation is:
·   Signed and dated on the photo pages of the visa/passport
·    Your name and job title are printed
·     A declaration is made that this is a true likeness of the individual
 
Checklists on how to complete a document check are attached to appointment forms and casual worker forms for guidance. The checklist is also available via the following link: Right to Work Checklist
 
Points to Note:
·       Original documents must be checked in the presence of the holder
·       Since May 2014, endorsements, including those for indefinite leave to remain (ILR) must be in documents
     which have not expired.
·    Any work restrictions/conditions will be detailed in the right to work document.
·       The documents must be kept securely for the duration of the person’s employment and for a further two years
     after they leave – please ensure they are sent to HR, and we will ensure they are kept safely.
·       If accepting a combination of documents, ensure that the information is consistent across all documents. If the
     documents provide different names, supporting information is required, e.g. a marriage certificate – the original
     documents should be checked, signed and dated.
 
·       Checks on documents other than passports: The original document must be copied in full (including both sides 
     of a Biometric Residence Permit, both sides of a National Identity card, full birth certificate)
·       Some of the combination documentations do not ask for a photograph, however it is the University policy to
     always obtain additional photographic ID.
 
·      For Tier 4 visa holders studying at a UK Higher Education institution at degree level or above:
-   allowed to work part-time during term-time (up to a maximum of 20 hours a week), full-time during vacation 
    periods, they can complete a work placement as part of the course of study.
-   A 'week' means any 7 day rolling period, according to UKVI guidelines.
-   Please ensure that you obtain evidence of the student’s course of study and institution, academic term and
    vacation periods, to show when they can work part or full-time. 
-   Tier 4 visa holders cannot be employed on permanent contracts.
-   Human Resources also meet with each Tier 4 worker to discuss their responsibilities while working on this type of
    visa.
-   Please also note that we need a full record of working hours for Tier 4 workers; therefore if they are a  
    casual you must only use a casual hour claim form which shows a breakdown of the hours worked.
 
 
·       Tier 2 visas are linked to an organisation, and must be sponsored by their employer. A Tier 2 worker sponsored 
     by one organisation cannot be employed in a full-time position at another organisation on this visa. They may be
     permitted to complete a small amount of supplementary work (no more than 20 hours per week), if:
-        this is either on the Shortage Occupation List or in the same profession and at the same level as the role for   
     which they hold their current Tier 2 visa;
-        they complete this work outside the normal working hours of their sponsored position, and;
-        they continue to work in the job for which they were sponsored.
-        Please contact Human Resources in this situation, before the person is appointed and starts work
 
........................................................................................................................................................................
 
Training Available: 
 
We run regular training and refresher sessions on document checking at each campus. The sessions will include information on how to complete a right to work check, who to complete checks on, and when to complete them, and is aimed at anyone at the University who completes right to work document checks, and requires a refresher or guidance on the process.
 
We have trained named contacts at each campus. If you have not already attended a training session and will be required to complete right to work checks, please contact the HR Services team on ext 3344 or humanresources@napier.ac.uk to request a training session.
 
........................................................................................................................................................................ 
 

Useful Links

 
The HR Services team is available on humanresources@napier.ac.uk or extension 3344 should you have any questions. There is also helpful information available from UKVI and other sources:
 
The Points Based Calculator can no longer be used to support immigration applications, with effect from 6 April 2016. The calculator will no longer be available from 10 April 2016. Please see the UKVI FAQs for further information:
 
•UKVI Employer's Right to Work Checklist (List A and B of documents which can be accepted as proof of right to work):
 
•UKVI Guide to right to work checking:
 
•UKVI Guidance on avoiding unlawful discrimination with respect to the prevention of illegal working:
 
•UKVI Guidance on acceptable Right to Work Documents (includes specimen documents):
 
•Basic British Passport Checking Guidance:
https://www.gov.uk/government/publications/basic-passport-checks
 
•UKVI Online right to work checking tool:
https://www.gov.uk/legal-right-work-uk
 
 
•UKVI Overview of right to work for Croatian Nationals:
https://www.gov.uk/croatian-national/overview
 
•List of countries in the EU and EEA:
https://www.gov.uk/eu-eea
 
•PRADO (right to work document database):
http://prado.consilium.europa.eu/EN/homeIndex.html
 
•Guidance on Checking Birth Certificates: