Staff Immigration Team

Tier 1 Exceptional TalentA comprehensive guide for departments and colleges

May 2017

Staff

Immigration

Team

Staff Immigration Team

Staff Immigration Team James Baker – Staff Immigration Team LeaderTel: (2)89908 / email james.baker@admin.ox.ac.uk

Tim Currie – Staff Immigration OfficerTel: (2)89903 / email tim.currie@admin.ox.ac.uk

Lisa Crook – Staff Immigration OfficerTel: (2)89919 / email lisa.crook@admin.ox.ac.uk

Angelina Kehayova – Staff Immigration AssistantTel: (2)89904 / email angelina.kehayova@admin.ox.ac.ukHumanities / MPLS / Colleges A – P

Solveig Alsaker – Staff Immigration AssistantTel: (2) 89912 /email solveig.alsaker@admin.ox.ac.ukMedical Sciences / Social Sciences / Colleges Q – W

Amira Harb – Immigration Compliance Assistant Tel: (2)89926 / email amira.harb@admin.ox.ac.uk

Website: http://www.admin.ox.ac.uk/personnel/recruit/preempcheck/compulsorychecks/righttowork/

Staff Immigration Team

What we do• Advise departments, colleges and visa holders on:

• Tier 2 and Tier 5 process and requirements• Right to Work checks• Visitor immigration requirements

• Process Tier 2 and Tier 5 Certificate of Sponsorship applications and hold all data for Tier 2 and Tier 5 visa holders centrally.

• Manage complex cases and matters of non-compliance with external legal input where necessary.

• Support EU/EEA staff with concerns over Brexit.

• Provide regular training on Tier 2, Tier 5, right to work and visitors.

• Provide assurance 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

Contents of today’s session• The Points-Based System and Tier 1 overview

• Benefits of Tier 1

• Criteria and examples

• Stage 1 - Endorsement application

• Stage 2 - Visa application

• Visa holders arrival in the UK

• Visa restrictions and conditions

• Visa extensions & ILR

• Application fees

Staff Immigration Team

Points-Based System

Tier 1

• Exceptional Talent (people with exceptional talent/emerging exceptional talent)

• Graduate Entrepreneur (graduate with credible business idea)

• Entrepreneur (those who wish to set up business in the UK)

Tier 2• General (sponsored skilled workers with a job offer)

Tier 3• Route closed

Tier 4• Students (managed by Student Information and Advisory Service)

Tier 5• Government Authorised Exchange (supernumerary researchers, lecturers, external examiners)

• Youth Mobility Scheme (for people under 31 from qualifying countries)

Staff Immigration Team

Tier 1 Exceptional Talent

Visa route for non EEA nationals in the fields of science, humanities, engineering, medicine, digital technology and the arts who are either:

• Exceptional Talent - Proven leaders in their field of expertise

• Exceptional Promise - Early career individuals who have shown the potential to become a leader in their field

500 places released twice a year; 6 April and 1 October.

Exceptional Promise

Exceptional Talent

Staff Immigration Team

History of Tier 1• Tier 1 (General) closed to new applicants in 2010

• Tier 1 (ET) introduced in August 2011 to address concerns from the

academic & scientific sector

• Route has been underutilised, and is cautiously used by HEI’s

• During 2016, SIT piloted providing more assistance under this

route;

- Built relationships with two of the Designated Competent Bodies

- Submitted 7 applications for endorsement

- Assisted a further 17 individuals

Staff Immigration Team

History of Tier 1To encourage usage the Home Office has;

• Reduced visa fees

• Extended the initial visa length to 5 years

• In person appointments within the UK & some priority

services overseas (country specific)

• Flexibility as to where you can apply

• Online applications

• Accelerated route for certain fellowships

Staff Immigration Team

Benefits compared to Tier 2Greater flexibility, no restrictions on hours of work, salary, place of work, leave and engagement with other organisations. For example no concerns with unpaid leave, sabbatical, changes in role.

More scope for visa extensions there are currently no restrictions on extending a Tier 1 Exceptional Talent visa; Tier 2 visa has a maximum six years.

More cost effective applicants can make a significant cost savings on visa fees, especially if they have dependants.

No reporting and record-keeping requirements as compared to Tier 2 visa holders who must report changes in circumstances to their sponsor (who in turn must report to the Home Office).

Further pressures on limiting Tier 2 migration the Tier 2 visa route see regular policy changes, in comparison, Tier 1 remains relatively unchanged since its original introduction.

Staff Immigration Team

Exceptional Talent Criteria

Individuals who are already proven leaders in their field

• Active researcher in a relevant field within a University, research institute or industry

• Hold a PhD or equivalent experience and have significant postdoctoral research

• Provide a letter of personal recommendation from an eminent person resident in the UK

• Meet one or more of the following qualifying criteria;

• Be a member of a national academy

• Been awarded a prestigious internationally recognised prize

• Provide a written recommendation from a reputable UK organisation

• Hold an international standing in their specialism

• Be able to demonstrate there is a considerable ongoing benefit for their presence in the UK, to research excellence, and the wider society

Staff Immigration Team

Exceptional Talent Criteria cont.You should consider:

• The significance of their published work

• Significant funding secured

• Invited talks, conferences internationally

• Leadership roles held or previously undertaken

• Teaching, supervision of students, postdocs

• Recognised through any internationally recognised prizes or awards

• Membership of a national academy

• Are they regarded as a leader in their field & recognised internationally

Criteria can be difficult to meet if:

• Individual between Exceptional Promise and Talent

• Significant period out of PhD but impact not seen as international

• Someone that has more practitioner experience opposed to academic impact

Staff Immigration Team

ExamplesExceptional Talent: Professor A, teaching on an MSc

module

Leader in field of Epidemiology (Public Health – HIV/AIDS) Career history spanning over 25 yearsSubstantial publication history throughout careerFormer member of a number of health protection committees Distinguished Service Medal, and Lifetime Scientific Achievement award from the USCurrent position in the US: Associate Director for sciencePrevious positions include Professor, and Head of Department in the US and UKMember of the National Academy of Medicine in the US

Exceptional Talent: Professor B, Joint Appointment, as Centre Director

Leader in molecular biology and cryo-electron microscopyPhD completed in 1998Journal publications across Nature, Cell Biology and othersAward from the US Dept of Health and Human SciencesPosition is US: Associate Professor with tenureKeynote speaker at international conferencesSignificant funding - $8 million Mentoring of postdocs and graduate studentsServed on numerous scientific advisory boards

Exceptional Talent: Professor D, Senior Research Fellow

Leader in neuroethics, having undertake research positions for over 10 years. Most recent position as a Professor in Australia3 monographs, the first significantly shaping the fieldEditorship for the journal of NeuroethicsSignificant publication history in leading journalsKeynote speaker across Italy, Finland, UK, US Korea & JapanReceived the Australian Museum Eureka PrizeGrants amounting to approx $2.7 million

Exceptional Talent: Professor C, Visiting Scholar

Leader in South Caucasus Studies main focus on Azerbaijan and a unique interdisciplinary research agendaDirected a research institute in Azerbaijan, receiving fellowship from a number of organisations based in the US and NATOAttends regular advisory boards, national coordinator for the UN, EUConsistent publication history since 1990s

Staff Immigration Team

Exceptional Promise Criteria

Individuals who have shown the potential to become a world leader

• Active researcher in a relevant field within a University, research institute or industry

• Hold a PhD or equivalent experience and be at an early stage in their career

• Have been awarded, hold or have held in the past a fellowship or advanced research post

• Be able to demonstrate there is a considerable ongoing benefit for their presence in the UK, to research excellence, and the wider society

Staff Immigration Team

Exceptional Promise Criteria cont.

You should consider;

• The significance of their published work history given their early career stage

• Funding they have secured

• Invited talks, conferences internationally

• Teaching, supervision of students, postdocs

• Postdoctoral research positions they have held

Criteria can be difficult to meet if:

• Individual straight out of a PhD/couple of years post doc experience

• Individual that has more practitioner experience opposed to academic impact

• Has significant amount of work pending publication (unless there is an indication that this will have a significant impact and be well received)

Staff Immigration Team

ExamplesExceptional Promise: Dr B, Associate Professor

PhD in 2014, and postdoctoral position held at YaleStrong publication history relative to their career stage due to outstanding MScA growing international reputation and experience of conference presentationsGood collaborations with successful research outputsReceived a series of nominations for awards

Exceptional Promise: Dr A, Postdoctoral Researcher

PhD in 2013, during their studies they developed an experimental technique which has been seen as ground breaking and had international impact in his fieldPostdoctoral Fellow at Uni of RennesHolds a Swiss National Science Foundation FellowshipPublications starting to appear in prestigious journalsCollaborations with other institutes in the UKReceived the inaugural early career prize from the Swiss Society for CrystallographyServed as a expert consultant to the US Spallation Neutron SourceInvited internationally to present work

Exceptional Promise: Dr C, Associate Professor

Doctoral thesis at Yale in 2014 was seen as one of the best in econometrics and received distinction award.Postdoctoral position held at Yale4 publications which given their research topic in Economics is very rare, and seen as ground breakingStrong teaching experienceMember of editorial board for a journal

Staff Immigration Team

Individuals awarded specific fellowships from

May be eligible for an accelerated process;

• Still have to apply through the standard process

• Quicker processing times

• Assurance their endorsement will be granted

Accelerated Route

Staff Immigration Team

Tier 1 process

Assessment of criteria

Initial Application

to SIT

Endorsement application

to HO

Decision from Designated Competent

Body

Visa application

Arrival into the UK

During visa and

extension/ILR

Stage 1: Endorsement*

*Not a visa application, a refusal would have not impact on future visa application

Stage 2: Visa application*

*Must be made within 3 months of receiving endorsement

Staff Immigration Team

STAGE 1: ENDORSEMENT APPLICATION

Staff Immigration Team

Internal application form• Apply approx. 5 months before start date / visa expiry date (if switching from

Tier 2, Tier 5 Sponsored Researcher or Tier 1)

• Late submission/ issues = possible delay in start date

• Send supporting documents in one folder – password protect the folder using 7Zip

• Email application form and supporting documents to Staff Immigration Officer– mark as confidential

• SIT cannot guarantee the outcome of an endorsement application, as this is assessed by a panel of experts at the Designated Competent Body, however if the team feels that based on past experience an application may not be successful we will indicate this.

Staff Immigration Team

Internal application form• Personal details • Contact details – country in which the individual will apply for their visa• Employment details – job title, start date & end date• Evidence of level of expertise to ensure the Tier 1 criteria has been

considered –• PhD completion date• Fellowships awarded• Research impact• Funding• Prizes• Recognised internationally

• Confirmation application falls under the Promise or Talent criteria• Payment – cost code to cross charge application fee to or Colleges to pay by

cheque• List of supporting documents – note naming conventions• Declaration – to be completed by key contact/ responsible person delegated

by key contact

Staff Immigration Team

Stage 1 Endorsement application

• Online application, which includes a 7,000 word personal statement as to how they meet the Tier 1 criteria

• Short CV – 3 pagesIndividual

• Letter of personal recommendation from an eminent person resident in the UK. Should be familiar with the individuals work.

Letter of support

• Organisational letter of support, normally signed by the Head of Division/College, detailing the individuals standing, reference to the recruitment process undertaken and the impact the individual will have at Oxford and to the wider UK society.

Department

SIT will provide guidance on the documentation to be completed, collate and submit the full stage 1 endorsement application

Staff Immigration Team

Submission of Stage 1 Endorsement

• Once all documents are finalised, SIT will submit the application to the Home Office

• Home Office receive this application and transfer to the Designated Competent Body;• British Academy• Royal Academy of Engineering• Royal Society• Arts Council England• Tech City UK

• Designated Competent Body will assign two Fellows aligned to the individuals specialism to consider the application

• Decision is made, and the Home Office inform SIT/Individual by email.

• Individual has 3 months to submit the Stage 2 visa application.

Staff Immigration Team

STAGE 2: Visa Application

Staff Immigration Team

Visa/leave to remain application • SIT provide letter of endorsement outcome by email with visa application guidance. Email

copied to department/college HR contact• Advise applicant to apply as soon as possible – to avoid delay in start date• Must apply no later than three months after endorsement is received, but no more than three

months prior to start/arrival date.• Can apply for 1 to 5 year visa duration

Overseas applicants (visa):• Application process varies slightly from country to country

• Online applications in most countries – supporting documents sent to follow

• Supporting documents – passport, photographs. Unlike Tier 2, no maintenance or English language requirements

• Tuberculosis testing for nationals of some countries https://www.gov.uk/tb-test-visa

• Applicant must pay NHS Surcharge and application fee

• Must give biometric details (fingerprints and photographs) at Biometric Enrolment Centre as part of the application process

• Priority service available in some countries – premium fee

• Will be issued with a one month entry visa in passport and be required to collect Biometric Residence Permit upon arrival at the local Post Office.

Staff Immigration Team

Visa/leave to remain application

Applicants within the UK who hold a valid Tier 2, Tier 1 or Tier 5 (sponsored researcher) visa are permitted to switch into Tier 1.

In-country applicants (leave to remain):

• Applications made online

• Application can be checked by SIT before submission

• Applicant to pay NHS Surcharge and application fee

• Applicant required to send supporting documents to Home Office– evidence of endorsement outcome, passport, photographs etc.

• Required to give biometric details at Post Office/ Biometric Enrolment Centre before HO will make a decision on the application

• HO in person appointment services available for urgent applications – contact SIT

Staff Immigration Team

NHS surcharge

• Charged to all non EEA individuals coming to work, study or join family for more than 6 months OR extend their stay;

• Charged at £200 per year for main applicant and each dependant, based on visa period requested

• Applicants will be required to pay for the full fee up front. For example a visa application for 4 years will incur a NHS Surcharge of £800.

Staff Immigration Team

STAGE 2: ARRIVAL

Staff Immigration Team

Biometric Residence Permits

• All applicants applying inside the UK are issued a Biometric Residence Permit card (BRP).

• Overseas applicants applying for a visa for more than 6 months

• Issued with a 30 day vignette to allow them to travel to the UK

• Upon entry will need to collect their BRP from a designated Post Office

Staff Immigration Team

Impact of BRPs on RTW

If new starter is unable to collect their BRP before commencing employment/engagement;

• Department can rely on the 30 day vignette as proof of right to work

• Advise new starter to collect BRP within 10 days of arrival into the UK and BEFORE vignette expires

• Repeat right to work check must be completed on the BRP before the vignette expires

• If any error on BRP contact the SIT Team.

Staff Immigration Team

Arrival

1. Conduct RTW check before new starter commences work – remember if you are relying on a temporary one month visa, you must complete a new right to work check when the visa holder has collected their BRP

2. Departments fill out Right to Work screen in CORE

3. Add to your list of List B document holders (include expiry date and type of visa)

4. Provide copy of RTW documents to SIT

5. SIT will provide guidance to individual on conditions on their visa.

Staff Immigration Team

STAGE 3: DURING VISA PERIOD & EXTENSIONS

Staff Immigration Team

Visa Conditions

• No recourse to public funds

• Registration with the police for certain nationalities

• No employment as a doctor or dentist in training

• No employment as a professional sportsperson

No restrictions on: hours of work, self employment, consultancy, voluntary work or study.

Staff Immigration Team

Tier 1 visa extensions

• Organise approx. 2 months prior to visa expiry date

• Requirement to evidence they have earned money in the UK from their specialism

• Designated Competent Body has not withdrawn their endorsement (unlikely to happen)

• Visa application can be checked by SIT prior to submission

• In person/priority postal appointments available for urgent applications

• Application can be made inside the UK or overseas

Staff Immigration Team

Indefinite Leave to RemainTier 1 can lead to settlement (ILR) on completion of 5 years in the UK.

Visa holders may qualify if they have less than 5 years under Tier 1, but have a continuous five years which includes leave previously held as a;

• Tier 1 visa holder (excluding as a Tier 1 (Graduate Entrepreneur) or Tier 1 (Post

Study Work) or

• Tier 2 visa holder (excluding as a Tier 2 (intra-Company Transfer)

Have to evidence;

• They have earned money in the UK in their specialist field.

• Demonstrate their knowledge of the English Language and pass a life in the UK test.

• Periods of absence can be no more than 180 whole day absences in each of the

consecutive 12 month periods preceding the date of the application for ILR.

Staff Immigration Team

Croatian nationals

• Apply for a Blue Registration Certificate instead of a visa

• Same rules apply

• No NHS payment

Staff Immigration Team

Application fees

Stage 1 – Endorsement

• Paid for by SIT and cross-charged to department (colleges send cheque) - £292

Stage 2 – Visa Application

• Visa/leave to remain application fees -£293

• Each Dependant (partner/spouse, children under 18) -£585

• NHS Surcharge - £200 per year, per applicant

Staff Immigration Team

Summary

• Consider the benefits alongside Tier 2

• Timescales - allow 4-5 months for both Stage 1 and 2

• Engagement from Heads of Department/Colleagues to review individuals standing against criteria

• Complete internal application, and submit using 7Zip

• Be prepared to assist in drafting letter of support for the Stage 1 application

• Complete RTW check prior to the individual commencing employment

Staff Immigration Team

Questions