Attendance Monitoring Guidance for Current Employees
1.1 The UKVI imposes a duty on sponsors to:
1.1.1 Keep a record of the absence of sponsored individuals (including sickness absence, annual leave, maternity leave, parental leave, adoption leave, research leave and attending conferences).
1.1.2 Report unauthorised absences of more than ten working days to the UKVI.
1.2 During audits, UKVI inspectors very often ask to meet with named sponsored individuals. They need not give prior notice of such requests. It is therefore, important that the University is in a position to locate sponsored individuals quickly.
2. Home Office Requirements
2.1 For all sponsored individuals, normal University procedures should be followed for the absences listed above. In addition, institutions must immediately tell the Compliance Manager about any unauthorised absences of a sponsored individual of 10 working days or more.
2.2 The UKVI does not require Universities to monitor attendance during recognised vacation periods.
3. Roles and Responsibilities
3.1 Each employee must ensure that all absences are recorded on PoblAberPeople.
3.2 Each Line Manager/ Institute is responsible for ensuring that the individuals follow the appropriate reporting mechanism for recording absences, and for reporting any unauthorised absences to the Compliance Manager.
3.3 The Compliance Manager is reponsible for reporting unauthorised absences to the Home Office. The Compliance Manager is also responsible for providing information to the Insitutes regarding which employees are subject to UKVI requirements.
3.4 The Compliance Manager will periodically review the employee files of sponsored employees. This can include an annualised check of documents.
4. Procedure for reporting unauthorised absence
4.1 When an Institute becomes aware that a member of staff has had unauthorised absence from their place of work for 2 consecutive days, this must be reported to Human Resources immediately. We are required to report unauthorised absence to the UKVI within 5 working days of the tenth day of absence.
5. Authorised Absences
5.1 Any absence must be formally approved by the relevant Institute. If it is not approved then there is a risk this will be reported to the UKVI.
5.2 It is essential that authorised absences are documented and that these records are easily accessible. These records will be subject to audit by the UKVI in the event of a site visit. Most site visits occur without advanced warning.
6. Contact Details
Personal Contact Details
UK Visas and Immigration imposes a duty on us to maintain a history of the personal contact details of sponsored individuals. This includes unpaid Tier 5 visitors as well as Tier 2 and Tier 5 employees. All sponsored individuals should be asked to provide the University with up-to-date UK contact details on arrival (even if it includes a temporary address), and be reminded of their requirement to keep these up to date whenever they change. They can provide these details through PoblAberPeople or to the Compliance Manager in Human Resources.
Work Contact Details
HR keeps a record of individual's work addresses. These must be kept up to date for all employees, but this is especially important for sponsored individuals as we have to report changes to the UKVI within ten working days of the change.
7. Contractual and other employment changes
The University is also required to report certain contractual and employment changes to the UKVI within ten working days of the change occurring.
If you are contemplating any of the following changes, then please consult the Compliance Manager first:
- Any changes to contractual hours
- Any change to salary or allowances (other than increments and cost of living increases)
- Any requests for unpaid leave (other than increments and cost of living increases)
- Substantial changes to duties. If you are unclear about whether changes are substantial, please contact the Compliance Manager.
- Change of job, especially where it involves a change in pay, hours, department.
- TUPE transfers into or out of the University.
- Secondment to another role/ Department or organisation.
For all other changes, listed below, the line manager/ institute must inform the Compliance Manager:
- Change of work place/ campus even if this is within the Aberystwyth. We have to report the full address to the UKVI.
- Any planned restructures or redundancies which may affect the sponsored employees.
8. Ascertaining an employee's right to work
8.1 The Compliance Manager is responsible for checking the visa status of international employees.
8.2 On arrival in the UK the sponsored employees must bring their original documents evidencing their right to work in the UK to the department of HR prior to commencing in post.
9. Contacts and Further Information
9.1 For queries regarding any compliance issues, please contact Sam Morrison Compliance Manager at firstname.lastname@example.org or 01970 622054.