Staff Immigration Team

Report
Staff Immigration Team
Visitors
A guide to the immigration rules for visitors
November 2014
Staff
Immigration
Team
Staff Immigration Team
Staff Immigration Team
James Baker – Staff Immigration Team Leader
Tel: (2)89908 / email [email protected]
Natalie Goldsmith – Staff Immigration Officer
Tel: (2)89912 / email [email protected]
Tim Currie – Staff Immigration Officer
Tel: (2)89903 / email [email protected]
Staff Immigration Assistant
Tel: (2)89904
Humanities / MPLS / Colleges A – P
Lisa Crook – Staff Immigration Assistant
Tel: (2)89919 / email [email protected]
Medical Sciences / Social Sciences / Colleges Q – W
Website: http://www.admin.ox.ac.uk/personnel/permits/
Staff Immigration Team
What we do
• Advise departments, colleges and migrants on Tier 2 and Tier 5 process
and requirements.
• Process Tier 2 and Tier 5 Certificate of Sponsorship applications.
• Process Tier 2 and Tier 5 leave to remain applications on behalf of
migrants.
• Hold data for Tier 2 and Tier 5 migrants centrally.
• Advise departments, colleges and migrants on visitor visa requirements
• Advise departments and colleges on right to work in the UK.
• Manage complex cases and matters of non-compliance with external
legal input where necessary.
• Provide a legal referral service for non-Tier 2 and Tier 5 matters.
• Provide regular training on Tier 2, Tier 5, right to work and visitors.
• Report to the Audit and Scrutiny Committee on immigration and right to
work compliance.
• Represent the collegiate University’s comments and concerns with
immigration policy to the Home Office.
Staff Immigration Team
Content
• What is a visitor?
• Who does/ does not require a ‘visitor’ visa?
• Types of visitor visa
• Business visitors
• Academic visitors
• Permitted Paid Engagement visitors
• Visitor restrictions
• Application process
Staff Immigration Team
What is a visitor?
A person who is a national of a country from outside the EEA
who wishes to come to the University to take part in an
academic/ business activity which requires the visitor to obtain a
visa or immigration stamp.
Not general tourists or visitors from within the UK/EEA
Staff Immigration Team
Who does not require a visitor
visa/stamp?
• UK nationals
• Nationals of the following EEA countries:
•
Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia,
Finland, France, Germany, Greece, Hungary, Iceland, the Republic of Ireland, Italy,
Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway,
Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland.
• Those from a country not on the list above but are already in the UK
on a visa which permits work (Tier 1, spouse, EEA family permit,
indefinite leave to remain etc.)
• Not sure? Check with SIT
Staff Immigration Team
Who requires a visitor visa?
• Anybody who does not fall in to any category on previous slide
• All non-EEA nationals need to enter the UK under an immigration
category appropriate for the visitor activity in which they intend to take
part
• NB. Tourists from outside the EEA may not take part in any activity
within the University other than typical tourist activity (e.g. visiting the
museums and public libraries)
Staff Immigration Team
Types of visitor visa
•
General visitor (known as tourist visa)
•
Business visitor
•
Academic visitor
•
Permitted Paid Engagement visitor
•
Academic, Business and PPE require formal letter of invitation from
department/college
•
Templates available at
http://www.admin.ox.ac.uk/personnel/permits/forms/#d.en.50548
Staff Immigration Team
General visitor (tourist)
Issued to those who are visiting the UK to take part in general tourist
activities (vacation, visiting friends and family etc.)
Permitted activity within the University:
• Visiting colleges, museums, libraries etc. which are open to the public
• Departments and colleges do not need to be concerned/perform any
checks on general visitors
Staff Immigration Team
Business visitor
Someone employed overseas but who wishes to come to the UK to do business
on their own/their employer’s behalf.
Permitted activity within the University:
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Attending meetings, interviews or conferences
Arranging deals or negotiate trade agreements or contracts and carrying out
fact finding exercises;
Conducting site visits;
Speaking at a one-off conference;
Interpreting or translating for visiting business persons, provided the
interpreter/translator is employed by the overseas company and is coming
solely to provide this service for the visiting company member;
Board-level Directors attending board meetings in the UK provided they are not
employed by a UK company (may receive fee)
Sharing knowledge or experience relevant to an international project that is
being led from the UK as an overseas scientist or researcher (but not carrying
out research).
Staff Immigration Team
Business visitor
Restrictions and requirements specific to Business visitors:
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•
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Cannot be paid (although payment of reasonable expenses and subsistence is
permitted) – except directors attending board meeting
Can only visit UK for up to six months
Employment (paid or unpaid) is prohibited
Typical uses within the University:
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Attending a job interview;
Attending a conference;
A researcher attending a meeting to discuss future research collaborations
A presenter speaking at a conference;
An expert in a particular field coming to share knowledge/advise on a particular
area of expertise in relation to an international project led in the UK.
Staff Immigration Team
Academic visitor
A person on leave from an overseas academic institution who wishes to make use
of their leave to conduct research, exchange information on research techniques,
take part in a formal exchange or act as a senior medical doctor or dentist.
Permitted activity:
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Academics on sabbatical leave from an overseas academic institution to carry
out research (e.g. to carry out research for a book);
Academics (including doctors) taking part in arranged exchanges. Salary
should continue to be paid by overseas institution;
Academics coming to share knowledge or experience or to hold informal
discussions with academics at Oxford (but not conducting research on
University hosted projects);
Academics taking part in a single conference or seminar
Experienced senior doctors and dentists, (i.e. those considered to be top of
their field of expertise) coming to take part in research, teaching or clinical
practice.
Staff Immigration Team
Academic visitor
Restrictions and requirements specific to Academic Visitors:
• Must have been working at an overseas HEI/ in the field of their expertise
immediately prior to applying as an Academic visitor;
• Should not conduct collaborative research (Tier 5 is required);
• Cannot be paid (payment of reasonable expenses permitted);
• Can only visit UK for up to twelve months.
Typical uses within the University:
• A researcher visiting the University’s libraries or museums to do research for a
book they are writing;
• A researcher visiting the University to share information about a particular
research technique they have been using overseas/ to receive information
about a technique used at Oxford (but not conducting research on University
projects);
• A researcher taking part in a formal exchange where an Oxford colleague goes
overseas and a member of the overseas research team comes to Oxford;
• An eminent senior doctor coming to Oxford to teach and collaborate on
research.
Staff Immigration Team
Permitted Paid Engagement visitor
A route which enables certain groups of individuals to come to the UK to
take part in specified paid activity.
Permitted activity:
• Visiting lecturers invited to give one or a short series of paid lectures
in their field of expertise;
• Visiting examiners or assessors who are highly qualified academics in
their field of expertise to examine students or participate in or chair a
selection panel as part of the institution’s quality assurance processes.
NB: Any activity under the PPE route must be paid
Staff Immigration Team
Permitted Paid Engagement visitor
Restrictions and requirements specific to PPE Visitors:
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Must be coming to work in their area of expertise and/or qualifications
Must relate to their main occupation overseas
Research prohibited
Must be paid (no minimum payment specified by the Home Office)
Can only visit UK for up to one month
Typical uses within the University:
•
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Lecturers coming to teach in their field of expertise where they are not replacing
the role of a member of staff;
External examiners where they are paid a fee.
Staff Immigration Team
Visitor restrictions
Business, Academic and PPE visitors must:
• Intend to leave the UK at the end of the visit
• Be able to maintain and accommodate themselves (and any dependants)
without using public funds
• Be able to meet the cost of an onward or return journey
• Not intend to live in the UK for extended periods through frequent or
successive visits
• Not intend to take paid or unpaid employment
• Not intend to produce goods or provide services within the UK
• Not intend to undertake a course of study as the main purpose of the visit (any
incidental study must not exceed 30 days in total)
• Not be a child under the age of 18
• Not intend to marry or form a civil partnership
• Not intend to give notice of a marriage or civil partnership
• Not intend to receive private medical treatment
• Not be in transit to a country outside the common travel area.
Staff Immigration Team
Application process
1
3
2
4
Visa nationals and Academic Visitor coming for 6+ months
Agree visit
Letter of
invitation
Visa application
(made overseas)
Arrival in the UK
Non-visa nationals (except Academic Visitors coming for 6+ months)
Agree visit
Letter of
invitation
Leave to enter
(made at airport
in the UK)
Arrival in the UK
Staff Immigration Team
Visa nationals/non-visa nationals
Visa nationals:
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Apply in advance for a visa to enter the UK for any activity (tourist, Business
visitor, Academic visitor, PPE visitor, work etc.)
•
List at https://www.gov.uk/government/publications/immigration-rules-appendix1
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List includes China, India, Pakistan, Turkey and Ukraine.
Non visa nationals:
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Do not require a visa in advance for a visa of less than six months
•
Apply for entry under appropriate immigration category at the UK port of entry
by presenting documentation confirming the purpose of the visit
•
Applies to any nationals not on above Home Office list
•
E.g. USA, Canada, Australia, New Zealand, Japan
Staff Immigration Team
Step 1: Agree visit
• Usually informal arrangement between academics
• Ensure that PI’s and academics keep HR informed of any visitors and
with the progress of arrangements
• Agree purpose of visit and establish whether a visitor route is
appropriate , and if so which route – not sure, contact James/Natalie
• Agree dates of visit
• Agree payment of expenses or fee (if PPE), if applicable
Staff Immigration Team
Step 2: Letter of invitation
• Once visit agreed, provide letter of invitation to visitor
• Templates available on website
http://www.admin.ox.ac.uk/personnel/permits/forms/#d.en.50548
• Avoid too much detail
• Print on department/college headed paper
• Signature required
• Alert visitor to conditions of their visa (on second page of letter)
Staff Immigration Team
Step 3: Visa application
• Visitors who fall into the following categories will need to make a visa
application in advance of travel:
• Visa nationals
• Academic visitors visiting for more than six months
• Visitors from non-visa national countries do not apply for a visa in
advance (unless they are an Academic Visitor coming for more than
six months)
• Non-visa nationals announce purpose of visit at UK airport, present
necessary supporting documents and are ‘stamped’ into the country
under the appropriate visitor route
Staff Immigration Team
Visa application
Visa nationals and Academic visitors over six months:
• Make visa application in advance. Cannot travel until visa granted.
• Online applications in most countries
• Need to enrol biometrics (fingerprints and photographs) at Visa Application
Centre
• Apply around three months before arrival date
• Academic and Business visitor applications - https://www.gov.uk/businessvisitor-visa/apply
• PPE visitor applications - https://www.gov.uk/permitted-paid-engagementvisa/apply
Staff Immigration Team
Entry application
Non-visa nationals (except academic visitors over six months):
• Arrive at immigration control at the airport
• Announce purpose of visit as Business, Academic, PPE visitor – not tourist
• Present necessary evidence – may face questions
• Receive ink stamp in passport
Staff Immigration Team
Required documents
When applying for a visa in advance of travel/ applying for entry on arrival in UK,
migrants may be asked to provide:
• Passport (current and potentially previous)
• Current photograph (applications in advance only)
• Evidence of marital status (if bringing spouse)
• Evidence of current employment
• Bank statements, payslips, other evidence of overseas income
• Details of accommodation in UK and return travel bookings
• Letter of invitation from Oxford
• Any information about activity to be undertaken
• Evidence of working at HEI/in field of expertise prior to application
(academic visitors) i.e. letter from overseas employer
• Evidence that a paid engagement relates to expertise, qualification,
occupation (PPE visitors) – qualification, letter from overseas employer,
publication record etc.
Staff Immigration Team
Step 4: Arrival in UK
• Visitor to report to appropriate departmental/college HR/ admin person
on first day before visit commences
• Copy, sign and date the passport details and visa/immigration stamp
• Retain for duration of visit along with a copy of the letter of invitation
and any information confirming intended activity
• Applies to all Business, Academic and PPE visitors except Business
visitors coming for one day or less
Staff Immigration Team
Summary
• Visitors from outside of the EEA must enter UK under appropriate
visitor immigration category
• All will require a letter of invitation from host college/ department
• Keep in touch with PI’s/ academics to ensure that they keep HR
informed of any overseas visitors
• General/ tourist visa holders may only take part in typical tourist
activities
• Visa nationals and Academic visitors over six months require a visa in
advance of travel
• Non-visa nationals apply for entry when they arrive at immigration
control at UK airport
• Must check passport and visa before visit commences and copy and
retain
Staff Immigration Team
Questions
Staff
Immigration
Team

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