If an employee's right to live and work in the UK has a time limit, a follow-up check is required when their permission expires. Note that this follow-up check is not necessary for current employees with EU 'pre-settled status'.
UK Visas and Immigration (UKVI) can often take several months to process visa renewal applications. If the employee has submitted their application before the expiration of their current visa (an 'in-time application'), they are allowed to remain in the UK under their previous permission until UKVI decides, in accordance with Section 3C of the Immigration Act 1971.
The HR Staff Immigration Team receives regular reports alerting them to employees whose right to work in the UK will expire within the next three months. They will notify the affected staff members individually. It is important that the individual's line manager meets with the individual promptly to discuss their plans, whether they intend to extend their visa, apply for a different type of visa, or leave the University.
University procedure
If an individual plans to extend their visa or switch their visa category, the HR Staff Immigration Team follows a three-step process. This process is designed to ensure full compliance with legislative requirements while providing a seamless transition, allowing the employee to continue working at the University without any interruptions or delays. The process is summarised as follows:
Step 1 - evidence of visa renewal
In the first stage, the employee must provide evidence of having submitted a new visa application. There are different methods for making a visa or immigration application, as outlined below. Regardless of the method, the HR Staff Immigration Team requires the same evidence.
Standard online applications:
- The HR Staff Immigration Team requires a copy of the online application form and the payment receipt/confirmation in all cases
- UKVI visa acknowledgment letters can also be accepted on a case-by-case basis
Value added services (eg 'Super Priority Service'):
- Applicants can choose 'value added services' to expedite the decision-making process for their visa or immigration application
- For full details of the available services, please refer to the UKVI guidance
- The HR Staff Immigration Team requires a copy of the online application form and the payment receipt/confirmation in all cases
Step 2 - ‘ECS’ Check
Upon receiving the appropriate evidence from the employee, the HR Staff Immigration Team will conduct a check with the Home Office Employer Checking Service (ECS). This check provides the University with a limited 'statutory excuse' to employ the individual while their visa application is pending. The ECS check is managed exclusively by the HR Staff Immigration Team and should not be undertaken by faculties/schools/departments.
Once both the authorisation letter and the visa application evidence are received, the ECS check will be conducted.
- Positive ECS check: if the ECS check is positive, the statutory excuse to employ the individual will extend for an additional six months.
- Negative ECS check: if the ECS check is negative, which may indicate that the individual's visa application has been refused, the statutory excuse to employ the individual will end. In such cases, the HR Staff Immigration Team will contact the school/department and the relevant HR Business Partner to discuss the necessary actions.
Step 3 - receiving the decision
Once the visa application has been approved by UKVI, the faculty/school/department must conduct an additional right to work check. Please follow the guidance covering how to carry out a right to work check.
After completing the online status check, confirmation must be sent to the HR Staff Immigration Team.
Managing invalid visa applications
The HR Staff Immigration Team must be informed of any invalid visa applications to ensure that right to work can be monitored appropriately.
Occasionally, staff members may submit a visa application on time, only to have it returned due to issues beyond their control, such as incorrect payment processing. Under rules introduced in November 2014, applicants who receive a notice of invalidity may be given the opportunity to correct the error or omission in their application. In such cases, the Home Office will write to the individual, allowing 10 working days to rectify the application. If the amended application or any requested information is submitted within this timeframe, it will be treated as a valid 'in-time' application. Consequently, the individual will be allowed to continue working while the application is being processed.
Managing visa refusals and appeals
If a current staff member has their visa refused, you must inform the HR Staff Immigration Team immediately.
The individual's ability to continue working for the University after their visa expires will depend on whether their current right to work is still valid, has expired, or if they have the right to appeal the refusal.
Last edited Sep 18, 2024