As an employer, the University has a responsibility to prevent illegal working in the UK. It is a criminal offence to knowingly employ a person who requires but lacks immigration permission. There is a maximum prison sentence of 2 years and an unlimited fine for employers caught in breach. Employers must carry out document checks to confirm if a person has right to work in the UK. Copies of original, acceptable documents are taken and retained, or an online right to work check is conducted. The government’s guidance for employers on preventing illegal working sets out what is required.
Overseas nationals can apply to come to the UK utilising the points-based immigration system. Most frequently they will fall into the Skilled Worker visa route. This involves the individual meeting specific criteria for the University to make an application for a Certificate of Sponsorship (CoS) which is issued to the individual, who then makes a subsequent visa application.
The Government list of eligible occupations is a useful reference tool. The Staff Immigration Team can provide guidance on eligible occupations and job descriptions at recruiting stage. As a recruiting manager it is advisable to also refer to this list at the start of any recruitment process and consult with the Staff Immigration Team.
In order to successfully obtain a visa, the individual will need to meet a set of non-tradeable and tradeable points. Guidance on the process can be found on the system can be found in the general guidance on sponsoring overseas nationals.
Where a job applicant has confirmed on their application that they would require permission to work in the UK, the recruiting manager should work closely with the Staff Immigration Team prior to a verbal offer being made to establish if visa sponsorship is required and co-ordinate the process of obtaining the required permission to work.
Further information on overseas nationals and obtaining permission to work in the UK can be found at http://www.bristol.ac.uk/hr/resourcing/additionalguidance/overseas/.
Last updated: 16th October 2024
