Where an individual is subject to UK immigration control, they will be required to obtain a visa to work in the UK.  Colleagues who fall under one of the below categories will not be required to obtain a visa to work in the UK, but will still be required to complete a right to work check before commencing employment:

• British Citizens
• EEA citizens resident in the UK by of before 31 December 2020
• Non-EEA citizens who hold Indefinite Leave to Remain/Settlement in the UK

Find out more with full guidance on right to work checks.

Advice & Guidance by Nationality

Non-EEA nationals seeking to enter the UK

For employment purposes you will require an appropriate work visa. This could include:

• Global Talent Visa
• Skilled Worker Visa
• Student visa
• DES visa
• Tier 5 (GAE)
• T2 (Sportsperson)

Other visa categories which provide the right to work in the UK, include:

• PBS Dependant visa
• Family Member of Settled Person visa
• UK Ancestry visa

EEA nationals resident in the UK before or by 31 December 2020

Must apply for pre-settled or settled status by 30 ​June 2021 and will not be required to apply for a UK work visa.  Here you can find more information on the EU Settlement Scheme. 

EEA nationals arriving in the UK for the very first time on or after 01 January 2021

Individuals arriving in the UK for the first time on or after 01 January 2021 will not be eligible to apply via the settled status scheme and will therefore be required to gain an appropriate work visa, in advance of relocation to the UK.

Information on the support we offer colleagues looking to complete settled status applications and financial support available for colleagues looking to secure their right to permanently live in the UK can be found under the Support for Colleagues section.

From 01 January 2021 free movement for EEA nationals will end and the new Points Based Immigration system will be launched.  This route will apply equally to EEA nationals arriving into the UK for the first time from 01 January 2021 and to non-EEA nationals who require a visa to work in the UK.

As part of this change, the current Tier 2 (General) route will be re-named the 'Skilled Worker Visa' with effect from 01 December 2020.  From 01 December 2020, no further applications can be made under the Tier 2 route; however, existing Tier 2 visa holders will retain their current visa status with no change to their conditions.  At the point of extension, they will then switch onto the Skilled Worker route, if applicable.

The Skilled Worker route requires you to demonstrate the following:

• you have a job offer from a Home Office licensed sponsor (Newcastle University)
• you speak English at the required level (B1 or above)
• your job offer is at the required skill level of RQF Level 3 (A Level equivalent) or above
• you will be paid at least £25,600 or the ‘going rate’ for the job offer, whichever is the higher. Salaries below £25,600 but no less than £20,480 can still be considered if other eligibility criteria are met - For example, if you have a job offer in a shortage occupation or have a PhD relevant to the job

There are different salary rules for workers in some health or education jobs, and for “new entrants” at the start of their careers.  Further information on which occupations are at the required skill level and the salaries for these occupations can be found in Annex E of the UK points-based immigration system: further details statement.

Points Based System

In order to qualify for a Skilled Worker visa, potential applicants must accumulate a minimum of 70 points.  If the applicant meets the mandatory requirements listed in the first three bullet points on the previous page, this will earn them an initial 50 Points.

In order to obtain a further 20 ‘tradeable’ points, these can be awarded from the following:

• minimum salary requirements met or exceeded – 20 points
• PhD held in a subject relevant to the job and the salary meets or exceeds both £23,040 per year; and 90% of the ‘going rate’ for the occupational code (in this option 10 points are awarded for the educational qualifications and 10 for the salary) - 20 points
• PhD held in a STEM subject relevant to the job and the salary meets or exceeds both; £20,480 per year; and 80% of the ‘going rate’ for the occupational code – 20 points
• job is in a Shortage Occupation and the salary meets or exceeds both; £20,480 per year; and 80% of the ‘going rate’ for the occupational code – 20 points
• you are classified as a new entrant and the salary meets or exceeds both; £20,480 per year; and 70% of the ‘going rate’ for the occupational code – 20 points
• the job is in the listed health or education occupation (see table 28 in this document for a full list of eligible roles) and the salary meets or exceeds; - £20,480 per year; and the ‘going rate’ for the occupation cost.  Applicants with jobs listed in the health or education occupation codes can only be awarded tradeable points via this option.

Here you can review the tradeable points' system.  You can also review the guidance on the English Language requirement for Skilled Worker visa applications.

Global Talent Visa 

The Global Talent visa route replaced the Tier 1 (Exceptional Talent) visa route in February 2020. This route is available for leaders, or potential leaders, in the following fields:

• academia or research
• arts & culture
• digital technology

The visa carries many benefits for colleagues, including:

• Greater flexibility in employment (the Global Talent visa does not require sponsorship from the University (unlike Tier 2 /Skilled Worker visa routes) it allows the freedom of movement between different roles and employers)
• Greater flexibility to undertake collaborations within the UK
• Your visa length will not be capped by the length of your employment contract
• The Global Talent route allows for visa applications for up to 5 years
• An application for Indefinite Leave to Remain (ILR)/ settlement can be made after 3 years on this visa route

Further information and guidance on making an application under the Global Talent visa route can be found in this Global Talent Visa Guidance document.

Genuine Intention to Visit

• maximum six month stay; no frequent visits; sufficient funds to cover reasonable costs of visit

Prohibited Activities

• work in the UK including: employment, contracting, self-employment, work experience, internships, selling to public, providing goods and services
• receive payment
• receive medical treatment
• marry or form a civil partnership 

Permitted Activities

• study
• work-related training
• tourism & leisure
• science and academia
• creative
• volunteering
• general business activities
• intra-corporate activities
• overseas roles requiring specific activities in the UK

Link for further information on Standard Visitor Visa is https://www.gov.uk/standard-visitor-visa

From 21 May 2021, the Academic Technology Approval Scheme (ATAS) now applies to all international students and Researchers who are subject to UK immigration control and are intending to study or research at ‘postgraduate level’ in certain sensitive subjects.  The subjects and research areas are those where knowledge could be used in programmes to develop Advanced Conventional Military Technology (ACMT), weapons of mass destruction (WMDs) or their means of delivery.

How do I find out if I require an ATAS certificate?

Researchers who are conducting research at PhD level and above (apart from exempt nationalities) will require an ATAS certificate.  This will affect colleagues sponsored (Skilled Worker and Tier 5) under one of the below SOC codes, who are undertaking research in one of the identified research areas:

• 2111 Chemical scientists
• 2112 Biological scientists and biochemists
• 2113 Physical scientists
• 2114 Social and humanities scientists
• 2119 Natural and social science professionals not elsewhere classified
• 2150 Research and development managers
• 2122 Mechanical engineers
• 2123 Electrical engineers
• 2124 Electronics engineers
• 2127 Production and process engineers
• 2129 Engineering professionals not elsewhere classified
• 2311 Higher education teaching professionals;
• 3111 Laboratory technicians
• 3112 Electrical and electronics technicians
• 3113 Engineering technicians
• 3114 Building and civil engineering technicians
• 5235 Aircraft maintenance

Information on research areas which carry ATAS requirements can be found here.

Academic Researchers making an application on the Skilled Worker and Tier 5 (Government Authorised Exchange) routes will be required to obtain an ATAS certification before submitting their visa or permission to stay application.

Researchers who are nationals of EU countries, the European Economic Area (EEA), Australia, Canada, Japan, New Zealand, Singapore, South Korea, Switzerland or the United States of America do not need an ATAS certificate.  The requirement for an ATAS certificate applies to all other researchers and students irrespective of the country of residence when they apply.

Researchers, where required, must apply for an Academic Technology Approval Scheme (ATAS) certificate before they can study or start research in the UK.  Researchers applying for ATAS can begin their employment/research two weeks before, or after the start date stated on their certificate.

Applying Overseas (Entry Clearance applications)

The Entry Clearance Officer (ECO) will ask to see the ATAS certificate as part of the application for permission to enter the UK.  UK immigration law does not allow Universities to permit international Researchers to undertake research in an ATAS applicable area until the Researcher has supplied the University with the appropriate ATAS certificate.

Applying from the UK (Limited Leave applications)

If you commenced in a Researcher role, where an ATAS certificate is applicable, before the ATAS requirement was introduced on 21 May 2021, you will not need to apply for an ATAS certificate to continue this employment. You will, however, need to obtain an ATAS certificate when applying for a visa extension.  Employment contracts do not have to be finalised before an ATAS application is made.  Please contact Samantha Bosher (Samantha.bosher@ncl.ac.uk) who can advise whether your extension will fall under a SOC code which requires an ATAS certificate.

It is important that you know the expiry date of your current period of permission to stay in the UK and have a clear understanding of what documentation you need to support a new application for extending that permission.  You must ensure that you have submitted an ATAS application to support your visa application under the relevant route in plenty of time: it would be advised to allow at least 3 calendar months before you need to apply for permission to stay.

NOTE: If you change your field of research or change where you conduct your research, you will need to apply for a new ATAS certificate.

If you hold an ATAS certificate for a course of study you have undertaken in the UK and are now making a new application for a Skilled Worker or Tier 5 (GAE) visa you will need to obtain a new ATAS certificate before submitting the visa application.

Sponsored visa holders may also undertake a course of study. In this situation only one ATAS certificate needs to be obtained but should detail both the research project and study activities.

Visiting Researcher Applications

Researchers on a Standard Visitor visa who are attending meetings, conferences, seminars or interviews, or giving speeches and will not be undertaking research during their time in the UK do not require ATAS clearance. 

Researchers on a standard visitor visa who are undertaking science and academic activities, such as (non-exhaustive list):

• gathering information and facts for a specific project which directly relates to their employment overseas, or to support independent research
• taking part in formal exchange arrangements with UK counterparts
• carrying out research for their own purposes or as a group

Will, if engaged in an ATAS categorised sensitive subject, require an ATAS certificate, regardless of the length of the visit.

Those who require an ATAS certificate as a visitor do not have to obtain this before making a visa application, but it is strongly recommended obtaining it before travelling to the UK. The hosting unit is required to check the ATAS certificate before allowing the research to commence, if the visitor is unable to present this, they should not be permitted on campus.

How long does an application take?

It will take a minimum of 10 working days for a Researcher ATAS application to be processed. Processing times will increase between the months of April and September and can take 15 or more working days to complete.

What do I need to apply?

• confirmation of your area of research including the relevant CAH3 code – you're hiring unit will provide you with your research statement 
• evidence of sponsorship for employment in the UK
• information on previous and current employment
• copy of all published papers

Application process

Applications can be made online here.  

Here you can find Guidance on how to apply for an ATAS Certificate

If your ATAS application is successful, you will receive a certificate by email to the address that you used to register.

Once you receive your certificate, you should:

• check the details on it are correct and match your offer and research statement provided by  Newcastle University
• if there are any mistakes contact ATAS@fcdo.gov.uk
• print out the certificate if everything is correct and include it your visa application documentation

The following pages contain useful information for colleagues whose status in the UK may be affected by the impact of Brexit, including:

Interest-Free Loan Scheme

An interest-free loan scheme is available to help all colleagues and their dependants to secure the right to permanently live and work in the UK.  The scheme can assist with costs associated with applying for Permanent Residence Status, British Citizenship or Indefinite Leave to Remain.

All employees with a regular contract of employment with the University are eligible to make an application for a loan.  Eligibility will be irrespective of the length of the employment contract, however it will normally be a requirement that the applicant has successfully passed any probationary period.

The maximum loan amount will be the cost of the applications you wish to make or £10,000 per employee (whichever is the lower) and will not be subject to an interest payment or arrangement fee on the terms outlined.

The loan period may be up to a maximum of 36 months.  The agreed loan period may be extended during periods of leave where pay is reduced Eg maternity, adoption, unpaid sabbatical leave or long term sickness absence.

The loan period will not exceed the duration of the employment contract and approval of any loan application will be entirely at the University’s discretion.

EU Setttlement Scheme

The EU Settlement Scheme allows you and your family members to get the Immigration status you need to continue to live, work and study in the UK.  To be eligible to apply to the scheme, you must have started living in the UK before 31st December 2020.  More information about the EU Settlement Scheme can be found at GOV.UK​.

People Services can offer the support of an Android device for the application of EU Settlement Status.  If you require this facility, please book an appointment by contacting Samantha Bosher at S​amantha.Bosher@ncl.ac.uk.

Application Process

To apply for status under the EU Settlement Scheme you will need to complete a simple online application:

• verify your identity - You will need to have a valid biometric passport or biometric residence card (issued by the Home Office) and use the EU Exit: ID Document Check app to verify your identity.  The app is currently available to download on Android devices and has just been released for IPhone 8 and above
• criminality check - You will need to complete the criminality check by declaring any criminal convictions.  Only serious or persistent criminality will affect your application.  This should not affect the vast majority of EU citizens or their family members
• verify your residence in the UK - You will need to provide evidence of your residence in the UK.  There are a number of ways you can do this and the easiest is to provide your National Insurance number.  The Home Office will then check UK tax and certain benefits data and use those records to help work out how long you have been resident in the UK.  You'll get a result of this check straightaway.  If you agree with the result, you can accept it and complete your application.  If you disagree, this is not a problem, as you will be able to upload additional evidence of your residence.  Information on the other types of evidence you can upload can be found on GOV.UK.  Alternatively, if you have a valid permanent residence document or valid indefinite leave to enter or remain, you will just need to provide proof of that status