Employing Non-EEA Nationals

In order to recruit a non EEA national under the Home Office’s points based system, the University must satisfy certain criteria when advertising and appointing to the post. This can range from specifying the length of time and in which media you need to advertise, through to the salary level you need to be offering and demonstrating that there are no settled workers who could carry out the role. This is known as the Resident Labour Market Test (RLMT).

The majority of posts relevant to the University which meet the criteria for a certificate of sponsorship under Tier 2 and for which a RLMT is likely to be required are Academic and Research posts, although some other posts may qualify.

It is recommended that recruiting managers discuss advertising campaigns with their Human Resources team well in advance of advertising a post as the RLMT may well impact on the way we run the campaign and the timeframes involved.

You may also find the Home Office website useful.

Prevention of Illegal Working

The University must by law obtain documentary evidence of a prospective employee’s eligibility to work in the UK to avoid a civil or (in severe cases) a criminal penalty for unlawful employment of migrants.

Prospective employees will need to present a document or documents from one of two lists provided by the Home Office in order to satisfy the University that they are eligible to work in the UK before commencing employment. Human Resources are no longer able to issue appointment letters ‘subject to’ the production of documentary evidence.

The following document contains the Home Office’s lists of acceptable documentation and explains what the recruiting School/Unit must do in terms of checking, copying and verifying the documents provided by the employee.

Prevention of Illegal Working (PDF, 1KB)

The Health Surcharge

The Government has taken steps in the Immigration Act 2014, as part of a wider reform programme led by the Department of Health, to ensure that temporary migrants coming to live in the UK make a proportionate financial contribution to the cost of their healthcare and that their access to public services reflects their immigration status. As part of this reform programme, temporary migrants will have to pay a health surcharge. The surcharge will:

  • be introduced on 6 April 2015 and provide access to the NHS in the same way as for permanent residents.
  • be paid by non-EEA nationals who apply to work, study or join family members in the UK for a period of more than 6 months.
  • cost the individual £200 year for visa applicants and each dependant (£150 per student).
  • be paid for the duration of the individual (and their dependants) stay in the UK at the point of submitting their visa application. If the surcharge is not paid, the visa will be refused.
  • be paid when applying for an individual’s first visa (new entrant to the UK) and also for in-country visa extensions, therefore, this will affect new hires to the University and current employees having their contracts (and visas) extended.

Payment of visa and related expenses (PDF, 67KB)

Sponsorship

Responsibilities of Tier 2 and Tier 5 visa holders (PDF, 76KB)

Checklist for Sponsorship (PDF, 88KB)