FAQs
QUESTIONS FOR EMPLOYEES
Tier 2 & 5 Certificate of Sponsorships (CoS)
1. What is a Certificate of Sponsorship?
The Certificate of Sponsorship is not a document, but a unique reference number
which you will need to use when you apply for your visa. The Certificate of
Sponsorship replaces the previous system of work permits and is issued by the
sponsoring employer. The University is licensed to issue Certificates of Sponsorship.
2. Why do I need a visa as well as a Certificate of Sponsorship?
The Certificate of Sponsorship gives the University permission to employ you. The
visa is also required because this gives you permission to enter and/ or stay in the
UK and without it you would be unable to take up your employment.
If you change jobs and work for another employer, that employer will need to issue
you with a new, separate Certificate of Sponsorship and you will have to apply for a
new visa attached to the fresh Certificate of Sponsorship.
3. Can I bring my dependents with me to the UK if I have a Certificate of
Sponsorship?
You will need to make an application for a visa for each dependent when you apply
for your own visa. Full details are available from
http://www.ukba.homeoffice.gov.uk/visasimmigration/working/tier2/general/dependants/
4. What time factors are involved in a Certificate of Sponsorship
application?
A Certificate of Sponsorship must be applied for by your prospective employer within
6 months of the date when the post was first advertised. The exception to this rule is
where the post is a Research Fellow or at PhD level and the Certificate of
Sponsorship may be assigned up to 12 months after the start of the recruitment
process.
You must apply for entry clearance/leave to remain within 3 months of the date the
Certificate of Sponsorship is issued and you must also apply no more than 3 months
before the start date on the Certificate of Sponsorship. If you are applying from inside
the UK, you should apply before your current leave expires.
5. What is the duration of leave under Tier 2?
The Certificate of Sponsorship will give you permission to work for the duration of
your contract up to a maximum of 3 years in the first instance. An extension to a
Certificate of Sponsorship can be issued for a further 2 years. After 5 years
continuous service on a Certificate of Sponsorship, you may be able to apply for
permanent residency in the UK (also known as settlement).
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Please note that with effect from 14th June 2012, leave under all Tier 2 categories will
be limited to a maximum of six continuous years.
6. What happens after I have been in the UK under Tier 2 for a period of six
continuous years?
You may apply for permanent residency in the UK (also known as settlement),
however with effect from 6th April 2016, if you applying for settlement from Tier 2 and
you entered under Tier 2 under the rules in force from 6th April 2011 you must be
paid at least £35,000 per annum or the appropriate rate in the relevant UKBA Code
of Practice, whichever is higher.
Exceptions to the conditional salary for occupations include those on the Shortage
Occupation List and those in designated PhD level jobs which will have to be paid the
appropriate rate for the occupation.
Individuals who do not apply for or obtain settlement must leave the UK on expiry of
their leave and wait 12 months before applying to return under Tier 2.
7. I am currently working for the University under a Tier 2 visa and would
eventually like to apply for settlement, why do I need to keep a record of
any absences from the UK?
The UKBA require that you must have been continuously based in the UK for a
period of 5 years before you can apply for settlement. Holidays must be consistent
with annual paid leave entitlement and short business trips consistent with
maintaining employment in the UK.
Time spent in the UK may exceptionally be aggregated and continuity not insisted
upon for example when absences from the UK were for compelling grounds either of
a compassionate nature or for reasons related to your employment in the UK.
The UKBA state that no single absence abroad must be for more than three months
at a time and any periods of long absence must not total more than six months.
If the absence is work related you may be required to submit evidence to show that
there would be serious implications for your employer if the travel had not been
undertaken and the travel was critical.
Certain absences are exempt for example sick leave and maternity leave.
8. What is the ‘cooling off’ period?
If you are currently living outside the UK and you were previously sponsored within
the UK that ended on or after 6th April 2012, you will be subject to the 12 month
‘cooling off’ period i.e. you must wait for a period of 12 months after the date your
leave expired or lapsed before applying again under Tier 2.
9. Do I have to pay for my Certificate of Sponsorship?
The cost of the Certificate of Sponsorship is met by the University. Individuals will be
responsible for paying their own visa fees. Please see the UKBA website for further
details http://www.ukba.homeoffice.gov.uk/visasimmigration/working/tier2/general/cost/#
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10. When can I apply for a Tier 2 visa (limited leave to remain in the
UK/entry clearance)?
You can apply as soon as you have been issued with a Certificate of
Sponsorship. You will need the unique reference number (URN) for your visa
application. Remember to use the self-assessment points calculator to check you
have enough points to qualify before the Certificate of Sponsorship is issued. You
are also strongly advised to check at this stage that you can provide all the related
documentation you are required to send with your visa application.
11. I currently hold an old style work permit with another employer; do I
need a Certificate of Sponsorship?
Yes. The work permit (or Certificate of Sponsorship) is only valid for the job you
currently hold, so if you change employment you will need further permission to work
for a new employer. The University will therefore need to apply for a Certificate of
Sponsorship for you as a fresh application and you will need to obtain another visa
under the new Points Based System. You will need both the Certificate of
Sponsorship and new visa before you can start work.
12. My current Tier 2 visa is due to expire, what do I need to do if I want to
continue working in the UK?
Please contact your School/Department Administrator who will be able to advise on
the next step depending on your circumstances. Please ensure you allow enough
time to follow up on your application, be it an extension or switching to another type
of visa, before your Tier 2 visa expires.
13. Can additional/supplementary work be taken under Tier 2?
Yes, you can undertake supplementary employment in the same sector and at the
same level, provided that you do not work more than 20 hours per week in that job
and that you work outside of the working hours specified in your CoS. You can also
do voluntary work but must not receive any money for it. Reasonable expenses are
acceptable.
14. Can I claim public funds i.e. benefits while in the UK on a Tier 2 visa?
No, you will not be eligible for public funds during your time in the UK as a Tier 2
migrant. Public funds are defined as income-related benefits paid by the state. They
include income support, income-based job seekers allowance, housing and
homelessness assistance, housing and council tax benefit, working families' tax
credit, a social fund payment, child benefit and any disability allowance. Benefits paid
as a result of your employee contributions whilst working, such as the state pension,
are not considered to be public funds. Social housing is not considered to be a public
fund either. Claiming public funds when you are not eligible is considered to be
benefit fraud and it is a criminal offence.
15. What is the maintenance requirement and how can I meet this
requirement?
Under Tier 2, in order to qualify for entry clearance, or leave to remain in the UK, you
must meet the maintenance requirements. This can be done by demonstrating that
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you have at least £900 of personal funds which have been held for at least a
consecutive 90 day period prior to the date of application.
As an A rated sponsor the University of Edinburgh can in exceptional circumstances
certify on the Certificate of Sponsorship (CoS), that they will maintain and
accommodate you to the end of your first month of employment in the UK if required.
Maintenance will only be certified by the University in exceptional circumstances and
only when a business case has been approved.
You must also ensure that you have enough funds to support dependants.
Documentation
16. I am a British citizen, why do I have to show my passport or other proof
of eligibility to work in the UK?
In order to comply with UKBA legislation, an employer has a legal responsibility to
prevent illegal working and therefore must check ALL employees are entitled to work
in the UK. This enables the employer to establish an excuse against liability to pay a
civil penalty, provides an open and transparent recruitment process and will ensure
that recruitment practices do not discriminate against individuals on race grounds.
The checks need to be carried out regardless of nationality before commencing
employment.
17. My passport has expired; can it still be used as proof of eligibility to
work in the UK?
Yes but only in certain circumstances such as UK nationals, members of the EEA
(except Bulgaria and Romanian) and employees who have an indefinite leave to
remain.
18. The name in my passport is different to the name I wish to be known as,
what can I do?
You must be able to explain and provide documentary evidence to explain the
discrepancy and to show that you are known by the name given, such as birth
certificate, marriage certificate or civil partnership certificate, change of name deed or
other official documents.
19. Why do you need to check my visa every year?
The UK Border Agency has granted the University a licence to issue Certificates of
Sponsorship. To comply with the licence, the University has a number of duties,
including carrying out an annual check of the immigration documents held by all staff
who has limited leave to remain in the UK of any type.
20. An annual check of my documentation is required and I am not currently
in the UK, what should I do?
It is acceptable for your documentation to be scanned and emailed in the first
instance and sent to the appropriate person no later than the expected date of the
annual check. However, your original documentation should be verified as soon as
you are in the UK.
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21. Why is it necessary to prove my eligibility to work in the UK if I transfer
to another appointment within the University?
Each employment is regarded as a new post even if it is within the same organisation
and therefore an eligibility to work check should be carried out. Your immigration
status could have also changed since the previous eligibility to work in the UK check
date.
A2 Countries
22. What are the ‘A2 countries’?
On 1 January 2007, Bulgaria and Romania joined the European Union, and also
became part of the EEA. These countries are referred to as ‘A2 countries’ and
workers from these countries are referred to as ‘A2 workers’.
23. I am an A2 national; can I work in the UK?
A2 workers are free to come to the UK but unless exempt, you will be subject to
worker authorisation. This means that you are only able to work in the UK if you hold
a valid accession worker authorisation document or if you are exempt from
authorisation.
24. What is an Accession Work Card?
This will restrict the holder to the job specified on the work card which will be issued
for skilled work that meets existing work permit requirements (including the
availability of resident labour test) and lower skilled jobs in the food processing sector
(up to a quota). You will be able to apply for an accession worker card before you
come to the UK, if you have a job lined up in advance. In order to do this, the
employer must apply for a work permit for you unless the job is in a category that
does not require a permit.
http://www.ukba.homeoffice.gov.uk/business-sponsors/european-workers/workpermits/
If your application is successful then you can apply for an accession worker card.
25. I am a Romanian/Bulgarian student can I be employed in the UK?
Romanian and Bulgarian nationals who can demonstrate that they are on a course of
study at a place of study recognised by the UK government can be issued a “yellow”
registration certificate. This highlights that you are a student who can work up to 20
hours a week during term time (or longer for vocational training) and full time during
vacation time.
Students
26. I have a student visa; do I have a right to work in the UK?
If you are a Tier 4 (General) student and you are following a course at NGF 6/QCF
6/SCQF 9 or above with a sponsor which is a Recognised Body or a UK Higher
Education Institution, or are undertaking a short-term study abroad degree
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programme at an overseas Recognised Body or Higher Education Institution, the
following work is allowed:
 part time during term-time, which is no more than 20 hours a week;
 full time during vacations;
 on a work placement as part of the course, providing the work placement
does not amount to more than 50% of the course;
 as a postgraduate doctor or dentist on a recognised Foundation Programme;
 as a student union sabbatical office for up to two years.
You may also work full time after the end of your studies until your student visa has
expired. However, this visa is not intended for use for longer-term employment, for
which you would need to apply for another visa under either Tier 1 or Tier 2 (for
which a Certificate of Sponsorship would therefore be required).
27. I am a student at another academic institution, what documentation do I
need to show to prove this?
You will need to show a confirmation letter (stamped and signed on headed paper)
from the institution confirming that you are a full-time student, which course you are
enrolled on and the level and length of course.
I have finished my studies and would like to work full time until my visa
28. Am I allowed to work full-time after I have completed my studies even if
my visa expires at a later date?
As a student you can work full-time after completing your studies until the end of your
valid student visa, provided you do not:
 engage in self-employment; or
 employment as a doctor in training (unless the course that you are being
sponsored to do is recorded on the CAS is a recognised Foundation
Programme).
 provide services as a professional sportsperson (including coach) or
entertainer; or
 pursue a career by filling a permanent full-time vacancy
You can also work full time during vacation time.
29. Can I work in a permanent full time vacancy once I have completed my
studies?
If you are a student on a Tier 4 visa and have completed your studies and can
provide evidence of this then you can be employed full-time on temporary basis until
your visa expires. You must not fill a full-time permanent post.
The exceptions are unless you:

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have successfully completed a course at degree level or above at a Sponsor
that is a Recognised Body or a body in receipt of public funding as a higher
education institution from the Department of Employment and Learning in
Northern Ireland, the Higher Education Funding Council for England, the
Higher Education Funding Council for Wales or the Scottish Funding Council;
and

have made a Tier 2 application supported by a Certificate of Sponsorship
assigned by a licensed Tier 2 Sponsor before your Tier 4 leave has ended
(and any appeal against that decision has been determined) and

will be employed in the role for which that Certificate of Sponsorship was
assigned; and

you are yet to receive a decision on your Tier 2 application
30. I am a PhD student; can I work full time once I have submitted my
thesis?
PhD students can work full time once their thesis is submitted but if you have
corrections to do, you are only allowed to work part time, however, once the
corrections are completed you can work full time until the end date of your student
visa. It is your responsibility to inform your employer/HR of any corrections.
31. My leave under Tier 4 is coming to an end, is it possible to switch into
Tier 2?
You may be able to apply under Tier 2 if an employer sponsors you for a particular
role. The employer will not be required to undertake the resident labour market test if
you currently have permission to stay in the UK as a Tier 4 migrant and have
received final results confirming that you have passed and will be (or have been)
awarded:



a UK recognise bachelor or postgraduate degree; or
a UK Postgraduate Certificate in Education; or
you have completed a minimum of 12 months study in the UK towards a UK
PhD
If as a Tier 4 student, having completed your course, you make an application for
leave under the Points Based System before your leave expires, you will be
permitted to work full time (within the limits described in question 26) until you
application has been decided.
Other
32. If I am a sponsored migrant, what are my responsibilities when I start
working at the University?
Once you are employed, as a sponsored migrant you have a responsibility to ensure
that you keep the University informed of your contact details and of any changes to
your personal circumstances which may affect your visa.
33. Do I need a visa if I am coming for an interview?
If you are an overseas national from outside the European Economic Area (EEA),
you may need to obtain a business visitor visa before travelling to the UK for your
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interview. Further information on visitor visas can be found on
http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/
34. What if I am named on the grant and the role was not advertised?
The University would be required to provide confirmation of the naming on the
grant rather than proof that the vacancy has been advertised.
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