Confirming External Examiners’Guidance 4(v)

Eligibility to work in the UK

Guidance 4(v)Confirming Potential External Examiners Eligibility to work in the UK

Introduction

The University is required by the UK Visa and Immigration (UKVI)to ask external examiners to provide documentary evidence of his/her legal right to work in the UK. Whilst we know that almost all our examiners reside and work in the UK - we are still obliged to comply with this legislation. For more information please go to the Middlesex University Human Resourceswebpage: (), or the UK Visa and Immigration (UKVI) website:.

Current UK legislation makes it a criminal offence for the University to employ an adult who is subject to immigration control unless:

  • The person has current and valid permission to be in the United Kingdom and that permission does not prevent the person from taking the job; or
  • The person comes into a category where such employment is otherwise allowed.

The University is required to prove, upon request, that documentary evidence relating to a potential employee was produced before employment began.

Procedures for appointment

External examiners will be asked to declare on the nomination form (Appendix 4a) that they are eligible to work in the UK by providing a scanned and certified copy of their passport or any relevant document as evidence to attach to the nomination form before it is submitted to AQS for approval.

AQS will check that the proposed external examiner is a national citizen of one of the countries on the approved (appended below) where no visa/certificate of sponsorship is required and issue a letter of appointment.

External examiners who require a visa of sponsorship to work in the UK will be required to provide a scanned and certified copy of their passport and other relevant documentation before a letter of appointment is issued.

This must be done before the external examiner is appointed. Without it, AQScannot issue a letter of appointment.

Additionally, external examiners will be required to bring the original document with them the first time they visit the University, the document must be photocopied and verified with the signature of the MU member of staff endorsing the document; the original should be returned to the external examiner before they leave.The copy of the original document should be sent to the University Academic Quality Enhancement Manager (Externality) in AQS.

Procedures for checking original documentation

  • External examiners attending an induction event will be asked to bring their passport/visa (or other relevant documents) to be checked. AQS will advise Schools that the process has been completed.
  • Schools are required to request that external examiners who have not attended an induction bring their passport/visa (or other relevant document) to their first assessment board or on their first visit to the University.A designated member of staff from AQS will check and verify the document to confirm the original document has been seen in the presence of the holder and certify the copy to be a true likeness of the original.
  • AQS will keep a check list of the documents received and circulate lists of those outstanding on a regular basis.
  • The requirement to see an original document will be a standard item on the agenda of Subject assessment board.

AQS cannot authorise payment of fees to external examiners who do not present valid original document.

Overseas appointments

External examiners from non EEA countries can be accepted as Academic Visitors however, the University is not permitted to remunerate them for their services and is only permitted to pay reasonable expenses. Additionally, an Academic Visitor may work for a maximum of 12 months and must be either:

  • A person on leave from an overseas academic institute undertaking private research or similar work, or
  • An academic taking part in an arranged exchange (such as with a collaborating university).

External examiners appointed to overseas partner institutions outside the EU and undertaking work in these countries only, will not be required to provide evidence of their eligibility to work in the UK, as they will not be working here.

PARTNER INSTITUTIONS

The above procedures apply to all external examiners appointed to programmes at our partner institutions. ULTs will be responsible for ensuring that all procedures relating to an external examiner’s entitlement to work in the UK are completed before submitting the nomination form.

List of approved countries

Austria / Latvia / Iceland*
Belgium / Lithuania / Liechtenstein*
Czech Republic / Luxembourg / Norway*
Denmark / Netherlands
Finland / Poland
France / Portugal / Cyprus**
Estonia / Slovakia / Malta**
Germany / Slovenia
Greece / Spain
Hungary / Sweden
Ireland / Switzerland
Italy / United Kingdom

* These countries are not members of the European Union, but as EEA members, their nationals have the same immigration rights as EU citizens under European Community Law.

**Nationals from Cyprus and Malta are required to register with the Home Office. To do this, the prospective employee must provide evidence of employment (a contract or letter). A copy must be kept of the completed Home Office registration form application. Normally, notification is provided within 30 days that an individual can work legally in the UK. If notification takes longer than 30 days, then the copy of the form can be used as evidence.

If the individual changes jobs before s/he has worked continuously for 12 months, the certificate will lapse and s/he will have to renew her/his registration. After 12 months’ continuous employment s/he can work in the UK without restriction.

Nationals from Bulgaria and Romania are able to move and reside freely in any EU member state. In most cases nationals from these countries will require a Work Permit to take up employment in the UK.

updated 18/7/16 2017/18