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Durham University

Human Resources & Organisational Development

Departmental Responsibilities

Department Responsibilities

Initial Checks

In order to fulfil Home Office compliance, prior to any work being carried out paid or unpaid departments will be required to;

  • Check eligibility of all candidates’ original documents at the interview stage, retaining copies and signing/dating to confirm the originals have been seen – This includes the candidate’s qualifications.
  • Retain all interview panel notes and complete the non-EEA cover form for all candidates interviewed. This must show why a non-EEA candidate is preferred to a candidate from within the EEA.
  • Send the verified eligibility documents, qualifications and interview notes for all candidates to the Recruitment Team attached to the completed Appointment Details Form.

FOR ALL DEPARTMENTAL RIGHT TO WORK CHECKS, ONCE THE DOCUMENTS HAVE BEEN SENT TO HR PLEASE DO NOT RETAIN ANY COPIES OF PERSONAL DATA

HR will be unable to process a contract of employment until all relevant paperwork is received.

  • Check eligibility of all fees based and casual employees, sending copies of original documents to HR with a completed New Starters Form. These documents will be signed to confirm the original has been seen and dated.

Monitoring

Line Managers will be responsible for monitoring non-EEA staff/employees, and will be required to;

  • Inform HR if a migrant does not attend work on their first day
  • Record migrant’s normal absence on LAMS (i.e. sickness, maternity/paternity leave)
  • Keep a record of annual leave for individual colleagues within the department
  • Report any unauthorised absences to HR within 10 days
  • Report any changes of the migrant’s contact information or change in personal circumstances to HR immediately (i.e. promotion or change of job title, change of salary, job location)
  • Ensure that non-EEA staff attend the annual re-check (when prompted by HR)

Normal work related travel

Normal work related travel, such as attending UK conferences, working from home or work meetings within the UK does not need to be recorded or reported. If the migrant is planning a trip where they will be unreachable by phone or e mail they must inform their line manager before they leave.

Any individual who is currently in the UK on Tier 2 and intends to apply for Indefinite Leave to Remain (ILR) in the future, will need to detail all periods of absence and leave when they apply for settlement so it is important that these are accurately recorded as and when they take place. They must evidence that they have spent no more than 180 days outside of the UK in any 12 months. This is on a rolling basis rather than in seperate consecutive 12-month periods.

For further information and details for collegaues on how to apply visit the Home Office (UKVI) website

Changes to contracts of Employment

Departments should liaise with HR prior to making any changes to sponsored employees contracts of employment as the work carried out must be in-line with their Certificate of Sponsorship (CoS)

Employment of Students

Departments must request a verification code from hr.studentworking@durham.ac.uk, who keep a central record of working hours across departments within the University, before offering work to the student. Departments are also required to ask for confirmation from the student about what other hours, paid or unpaid they are committed to working external to the university before offering further work. Other work carried out includes departments across the university, external places of work and entrepreneurial work such as online businesses. Non paid work is also counted within the maximum hours they are allowed to work (this is normally 20 hours per week however maybe less, therefore documents must be individually checked).

Departments who operate field trips should be aware of this restriction.

Where students are on a post graduate programme, this is a 52 week course - hours should not be exceeded.

See Employing non-EEA students for full information

The UKVI’s policies and advice may change without notice, and you should refresh your understanding of the current visa rules, and how they affect you, from the UK Visas and Immigration (UKVI) website.