Temporary Worker category of the points-based system includes a variety of routes for migrants to come to the UK on a temporary basis. The route of relevance to the University is the Government Authorised Exchange Scheme.
What is the Government Authorised Exchange Scheme (GAES)?
This allows people from abroad to come to the UK through approved schemes for a short time for work experience or to do training, an Overseas Government Language Programme, research or a fellowship. This category cannot be used to fill job vacancies and holders of the Temporary Worker visas cannot get public funds.
Who can the University sponsor under the Temporary Worker - Government Authorised Exchange (T5) visa?
The University holds a license to sponsor Sponsored researchers.
Sponsored researchers include academics, researchers, scientists, research engineers or other skilled research technology specialists who will be hosted at Oxford Brookes University in a supernumerary role.
The sponsored researcher may:
- give lectures (which does not amount to a formal teaching post),
- act as an examiner,
- undertake skill development/knowledge transfer,
- undertake a period of work-based training/work experience/internship/placement or
- work on research collaborations.
For graduate intern and work experience, the Brookes University cannot be the sponsor and does not issue the Certificate of Sponsorship (CoS) but may act as a host.
What restrictions should I be aware of?
For sponsored researchers, the following restrictions apply:
- The individual must not fill a genuine vacancy in the UK workforce;
- The Individual can be our employee, but the employment must conform to UK employment legislation and any funding/salary received must meet national minimum wage requirements;
- Funding can come from any source, including from the University or a third party, but the individual cannot fund themselves;
- Individual must have an appropriate skill level (RQF3 - A-level/Higher equivalent or above); and
- The visa is valid for 2 years maximum and cannot be extended beyond this date.
What are our sponsor duties for Temporary Worker - Government Authorised Exchange visa (T5) workers?
Your responsibilities as a manager are outlined on our website.
When the migrant sponsored researcher comes to the University you must take a photocopy or electronic copy of the relevant page, or pages, of their passport, or UK immigration status document and biometric residence permit (if available). This must then be forwarded on to your link HR team.
The University must adhere to UKVI’s required record keeping and reporting duties; these duties apply equally to individuals sponsored under Temporary Worker - Government Authorised Exchange visa (T5), even if they are not University employees.
- Reporting late arrivals to the UKVI:
- Keeping a record of the individual’s contact details while in the UK;
- Keeping a record of the individual’s absences;
- Reporting unauthorised absence to UKVI. You must inform HR if they don’t turn up on their first day or are absent without explanation for more than 10 working days; and
- Reporting when an individual finishes work before the CoS end date.
How do I arrange a Temporary Worker - Government Authorised Exchange visa (T5) Certificate of Sponsorship?
You should contact Ben Cooper, HR Business Partner, as soon as possible. In order to prepare for a Temporary Worker - Government Authorised Exchange visa (T5) CoS application the following documents will be required:
- the letter of invitation from the faculty to the academic;
- a copy of the visiting academics CV;
- a brief description of the research activity that they will be undertaking and a description of the research group that they will collaborate with;
- details on the level of income they will receive whilst visiting the University and what the source of that income is;
- copy of the passport; and;
- the individual's personal details: ie, title and full name, address and postcode, contact number, nationality, DOB and gender.
With effect from 21 May 2021 any international person who will be undertaking research activities in the UK that could possibly result in the Intangible Transfer of Technology (ITT) to WMD and ACMT programmes of concern, at PhD level or above (including Sponsored Researchers), in one of the Academic Subjects/Fields of Research relevant to ATAS will be required to apply for government clearance by obtaining a free of charge ATAS certificate before they can apply for a Temporary Worker - Government Authorised Exchange visa (T5). If they do not include an ATAS certificate with their application, it may be rejected/refused.
Academic Technology Approval Scheme (ATAS), run by the UK government's Foreign, Commonwealth and Development Office (FCDO), is designed to prevent the transfer of information and the spread of knowledge or technology that could be used in programmes to develop Advanced Conventional Military Technology (ACMT), weapons of mass destruction (WMDs) or their means of delivery.
Sensitive Academic Subjects include Mathematical and Computer Science, Biological Sciences, Engineering, Physical Sciences, Veterinary Sciences, Agriculture and related subjects, Technologies, Medicine. There is also a quick assessor to see if ATAS is required or not here.
Exemptions exist for nationals from the UK/Ireland, EEA, Australia, Canada, Japan, New Zealand, Singapore, South Korea, Switzerland and USA and those applying for other visa types e.g. Global Talent Visas.
The University must confirm on the Certificate of Sponsorship (CoS) whether or not the ATAS requirement applies, and therefore Ben Cooper will liaise closely with the recruiting managers to obtain answers to specific questions to establish if ATAS is required.
Where an ATAS certificate is required, the recruiting department will need to provide a short research statement summarising the research activities the individual will undertake. The individual will need to submit this information when they apply for their ATAS certificate.
Individuals can apply for an ATAS certificate in advance and certificates will be valid for 6 months. Applications will normally be processed within 10 working days, up to 15 working days between April and September 2021.
Applicants will need to obtain the ATAS certificate prior to the CoS being issued. An applicant who should obtain ATAS and fails to do so could result in their visa application being refused, and could lead to the University’s sponsor licenses being revoked.
In order to access Brookes systems and emails, the individual will need unpaid affiliate status, details of the process can be found on our website.
Who pays the costs of sponsoring Temporary Worker - Government Authorised Exchange visa (T5) individuals?
The cost for assigning a Certificate of Sponsorship will come directly from the recruiting Faculty or Directorate budget. A Temporary Worker - Government Authorised Exchange visa (T5) Certificate of Sponsorship cost can be found on the Gov.UK website. Payment is made in HR.
The University does not pay Visa fees or the NHS Health Surcharge for Temporary Worker - Government Authorised Exchange visa (T5) applicants or their dependents.
What do I need to know about Temporary Worker - Government Authorised Exchange (T5) intern and work experience?
For internships and work experience, Oxford Brookes University cannot be the sponsor and does not issue the Certificate of Sponsorship (CoS) but may act as a host.
- The individual must approach an approved overarching body to be their sponsor for work experience purposes. See Gov.UK immigration rules for full details.
- The hosting department/institution may be required to provide a letter for the purposes of the visa application which sets out the nature of the work they will undertake.
- Although the University is not the Sponsor we have a responsibility for ensuring UKVI requirements are complied with (including a right to work check) and any breaches could have an impact on the University’s own Sponsor Licence.
- Student visa holders are permitted to switch to Temporary Worker - Government Authorised Exchange visa (T5) for the purposes of undertaking work experience.
Is Temporary Worker - Government Authorised Exchange visa (T5) the only route for visiting academics?
Sponsored researchers should enter the UK under the Temporary Worker - Government Authorised Exchange visa (T5), of the points-based system. However those academics who want to come to the UK simply to share knowledge or experience or to hold informal discussions with their UK counterparts may qualify under the Standard Visitor visa.
This category may also be suitable for those who intend to conduct research for their own private purposes - such as to do research for a book. Academics coming to the University under the Standard Visitor visa can be paid for reasonable expenses but are ineligible to receive an income. They must not undertake paid work. More information can be found here.
Who can I speak to for more information?
For further information, please contact the HR recruitment team.