If an appointed candidate does not have the Right to Work in UK, the school may be able to support with sponsorship if the position is eligible for a skilled worker visa via Buckinghamshire Council’s sponsorship licence. The need of sponsorship should be
highlighted at the interview process.
Before any offer of employment is made:
• The interviewing managers should consult with the Headteacher, Chair of Governors and Buckinghamshire Council.
• The eligibility needs to be assessed and CoS (Certificate of Sponsorship) allocation must be confirmed by Buckinghamshire Council. 
• The sponsorship costs must be approved by the school’s management. 

The applicant must take the responsibility to apply for the visa and provide all the documents requested by the Home Office – UK Visa & Immigration, within the required timeframe. They also must have enough funds to cover all the visa related costs.  The visa process may take approximately 3 months, dependant on appointments’ availability and the applicant’s proactivity. The applicant must have the visa approved and provide evidence of this, before commencing employment. Subsequently, a contract of employment can be issued.

In particular circumstances, an applicant may be eligible to do the work in question whilst they are awaiting the visa decision, with an Employer Checking Service – PVN evidence 3C and 3D leave.

 

 

 

If the candidate meets the criteria, scores highest at the interview and they do not have the right to work in UK, they could be sponsored via a Skilled Worker visa (dependant on eligibility under the Points Based Immigration System).

The applicant with the manager would need to complete the below CoS form. The manager must provide the following documents to the HR Safeguarding in Employment team to obtain the certificate of sponsorship (CoS).

Documents needed:
• Completed CoS form
• JD
• Copy of the current passport (personal details page) valid for at least 6 months further.
• Evidence of the current immigration status if already in UK (BRP card or eVisa)
• School management cost approval and cost centre - template below.

Sponsorship cost approval - template
Application for Skilled Worker CoS - Schools

The costs of hiring an applicant who requires sponsorship are:

• £239 certificate of sponsorship fee, plus:(non-refundable)
• £1000 per year for the immigration skills charge
• £40 per application – BC application fee (non-refundable) + £20 maintenance per month for the duration of sponsorship.

For example, if you chose to sponsor a potential employee for 3 years it would cost £3,999.00

 

As soon as the above paperwork is received, it will take up to one week to obtain the CoS. After this the applicant can apply for their visa. Once they’ve applied online, proved their identity and provided their documents, they’ll usually get a decision on their visa within:

• 4 weeks, if they’re outside the UK – they can start work as soon as they arrive in the country.
• 8 weeks, if they’re inside the UK – if the worker was previously on a Skilled worker visa, they must have the visa confirmed before the employment commences.

Fairness and Equality
All applicants should be treated equally and if they meet the essential criteria, they should be shortlisted and invited to an interview regardless of whether or not they need a visa.

To comply with the sponsorship duties and compliance, the HR Safeguarding in Employment team must report to the Home Office UKVI within 10 working days specific changes to the workers’ circumstances, on behalf of the school for the entire duration of the sponsorship agreement. The school must assign a dedicated school admin officer to liaise these changes to the HR Safeguarding in Employment team as soon as they become acknowledged.

The overview of the changes are:
 start date/ did not arrive on start date
 job details (e.g. job title/ duties/ salary/ hours/ work location)
 residential address/contact details (these must always be up to date)
 Unauthorised absence
 Authorised unpaid leave of up to one month
 Change in salary due to leave (NB unpaid leave of more than a month requires new visa except maternity, paternity, adoption. sick)
 Left early (e.g. finished early/ resigned/ dismissed)
 Change in immigration status (e.g. granted ILR/ other visa/ other nationality)
 Left in line with visa

Non-compliance with the sponsor reporting duties could seriously affect BC’s sponsor licence. If the licence is downgraded or suspended all sponsored employees’ visas would be curtailed by the Home Office.

In addition, the designated officer must obtain and supply further documents required for sponsored workers to the HR Safeguarding in Employment team to comply with Appendix D UK Visas and Immigration requirements.

Check what you need to do to employ teachers who are non-UK citizens using the below guidance.

Recruit teachers from overseas - GOV.UK (www.gov.uk)

Skilled Worker visa: Overview - GOV.UK (www.gov.uk)

HR Safeguarding in Employment Team
Buckinghamshire Council, Walton Street, Aylesbury, HP20 1XA
Email: hrservicedesk@buckinghamshire.gov.uk
Tel: 01296 382233