The following Immigration practice note Produced in partnership with Emma Brooksbank of Freeths provides comprehensive and up to date legal information covering:
This Practice Note considers the options available for non-EEA nationals who intend to come to the UK to undertake a period of academic research.
It should be noted that the Home Office views academic teaching and academic research as two entirely different educational activities. Therefore, it is important to carefully assess at the outset whether the migrant will be performing research or undertaking teaching activity.
A migrant who is admitted to the UK to undertake research, but who goes on to teach is likely to breach the conditions of their stay. A migrant who is admitted for the primary purpose of teaching is more likely to be able to undertake research as a related activity, depending on the type of research, the amount of time that will be spent on it and the category in which the migrant was permitted entry to perform teaching activities. This Practice Note focuses on the situation where the intention is for the migrant to undertake research only.
A Points-Based System sponsor that is found to have a migrant on its premises who is undertaking academic research without appropriate immigration permission may be deemed to be breaching its duties as a sponsor, including the duty to help to prevent the immigration system from being abused. It may therefore place its sponsor licence(s) at risk.
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