Employing a member of staff who requires sponsorship for visa purposes (advice for managers)

If your prospective employee is: 

• a UK national
• an Irish national
• from the Crown Dependencies (Isle of Man, Guernsey and Jersey)
• has EU settled or pre-settled status
• a holder of Settlement / Indefinite Leave to Remain

they do not need a visa to work in the UK

In all other cases it is likely your prospective employee will need a visa to take up a job opportunity at the University.

Employing someone from outside the UK

Following normal recruitment procedures, a member of the People Support team will establish if a candidate is a non-UK/Irish national and if they require sponsorship for a visa.

If this is the case, the University will arrange to provide a Certificate of Sponsorship which will allow them to apply for a Skilled Worker or other appropriate visa. Read our guidance on how they can apply for a Skilled Worker visa to work in the UK.

Visa applications are handled by UK Visas and Immigration (UKVI), a division of the Home Office. As a sponsoring employer, the University of Dundee needs to liaise with and keep up to date records for UKVI.

Responsibilities for line managers

There are several tasks you, as a line manager, can do to ensure a smooth visa application process.

• Ensure the job title and job description provided to the People Support team are accurate and up to date.
• Plan to commence recruitment in plenty of time (visa applications can take several weeks to process).
• Avoid committing to start dates with candidates – sponsorship and visa processes can be lengthy.
• Check skills, qualifications, and accreditations at interview.
• Ensure your new staff member provides evidence of their right to work in the UK before their first day of work and they complete their new start documents with the People Support team.

Academic Technology Approval Scheme (ATAS)

Some job roles may require a separate application to the ATAS scheme. This may be applicable to researchers who are already employed by us should they need to make an application to extend their current visa. The People Support team will advise if this is necessary and can provide guidance.

Responsibilities for the People Support team

We must hold accurate records and report certain changes in circumstance to UKVI. Records include details of the role, certain terms and conditions (such as pay, hours of work), and personal contact details.

As we need to inform UKVI of any changes, line managers assist us by informing us immediately about:

• First day of work – if a sponsored individual does not turn up and the reason why
• Absences – if a sponsored individual is absent for an unauthorised reason
• Leave - if a sponsored individual takes unpaid leave (max permitted 4 weeks per year) or if they are on long term sick leave/maternity/paternity/ special or compassionate leave
• Changes to employment – job title, duties, hours worked, salary, location and if a sponsored individual resigns
• Changes to visa category – if a sponsored individual is granted indefinite leave to remain, applies under the EU Settlement Scheme, applies for a different visa, or becomes a British citizen
• Changes to personal circumstances – if a sponsored individual changes their home address or contact details

Obligations on a sponsored individual

The employee must inform the People Support team if they change their address or contact details by notifying PeopleSupport@dundee.ac.uk.  Note: Sponsored Workers should not update their contact details via the self-service portal on OneUniversity. 

In addition, sponsored employees must advise the People Support team if they:

• Are planning to commence any additional/supplementary employment (either with the University or with another employer), 
• Their next of kin details change
• If they obtain the right to remain in the UK under a different immigration category such as Indefinite Leave to Remain (ILR)

Penalties for non-compliance

If we do not comply with the responsibilities set out above, our licence could be revoked, suspended, or downgraded. This would prevent the University from continuing to employ sponsored individuals.

Civil penalties (fines and imprisonment) can be imposed if we are found to be employing illegal workers

• Penalties for employing illegal workers - Gov.uk