Roles and Responsibilities

UKRI provides endorsement to Diamond for use of the Temporary Worker Government Authorised Exchange (GAE) scheme on behalf of the Department for Business, Energy and Industrial Strategy, with UKRI monitoring Diamond. In order to support UKRI’s assurance processes and to comply with its responsibilities under the scheme, Diamond will need to:

• Adhere to the UK Home Office Sponsorship responsibilities;
• Hold an A-rated Temporary Worker Licence from the Home Office;
• Keep evidence of how it will manage the scheme, retaining a full set of auditable records of each visa application;
• Adhere to reporting and monitoring duties, caring for and repatriating the Sponsored Researcher before his/her visa expires;
• Complete UKRI assurance requests in full and without delay;
• Provide confirmation that there is a collaboration between research organisations and a formal agreement containing key principles between the parties;
• Ensure each Sponsored Researcher meets all formal requirements listed throughout this document;
• Ensure activities the researcher undertakes meet an appropriate Standard Occupational Classification (SOC) code in their speciality;
• Confirm that the Sponsored Researcher does not intend to establish a business in the UK;
• Decide how to remunerate the Sponsored Researcher or whether to employ them;
• Confirm that the Sponsored Researcher is a person who wishes to come to the UK to lead or take part in a formal research project and that they can support themselves for this purpose (funding may be from UK sources or overseas);
• Confirm that the position is located in the UK and ensure that the Sponsored Researcher works under the full or partial control of Diamond, and that Diamond will benefit from the research. The Sponsored Researcher may, as part of their engagement, be placed with an industrial partner. However, they may not play a direct role in the commercialisation of resulting products and services – or set up a business in the UK;
• Ensure that the research post is not a vacant position at Diamond (a detailed description of the supernumerary position will need to be created);
• Provide a detailed description of the Sponsored Researcher’s role in the project / collaboration;
• Confirm that the Sponsored Researcher does not intend to do any other work except on the project;
• Confirm that the Sponsored Researcher will receive as a minimum the UK National Minimum Wage (or equivalent taking any stipend / reimbursement contributions into account);
• Comply with all relevant legislation, including data protection legislation.

 With a view to complying with the above responsibilities, details of the various stakeholders’ roles and responsibilities are set out below. 

The Diamond Host shall:

• Identify researchers and Sponsored Researchers for projects/internships/work placements that you want to invite to Diamond;
• Develop a proposal and justification in liaison with the Research Support team on the project and individual concerned;
• Seek approval from their Divisional Director;
• Liaise with Diamond’s Research Support team, HR and the Legal team as necessary in order to finalise contractual arrangements;
• Manage and support the Sponsored Researcher;
• Report any changes in the Sponsored Researcher’s circumstances, including:
  • Failure of the Sponsored Researcher to arrive in the UK as planned
  • Unauthorised absence of the Sponsored Researcher for a period of more than 10 working days
  • Travel for a work engagement outside of the UK
  • Involvement with the project comes to an end early and standard HR administrative process is followed
  • Change of core duties/job title – Please note a Certificate of Sponsorship (CoS) is assigned based on a Standard Occupational Classification (SOC) Code, which is directly related to the core duties. In some cases a change of these duties may lead to a change of SOC Code and, as a consequence, a new CoS will be required
  • Visa status changes while they are with Diamond, including being granted settlement (also known as Indefinite Leave to Remain)
  • Change of working hours
  • Change in work location
  • Periods of absence (including Maternity/Adoption/Shared Parental/Paternity leave/Unpaid Leave). All Diamond individuals holding a sponsored visa must follow Diamond polices for recording absence and annual leave. Failure to do this may impact on the individual’s permission to remain in the UK.
  • Employment affected by TUPE
  • There is information which suggests a breach in the conditions of leave in the UK
• If the Sponsored Researcher will be travelling between the UK and other countries during their stay at Diamond, report details of travel arrangements to Diamond’s Research Support team;
• Report any non-compliance with the scheme rules or organisational responsibilities to Diamond’s Research Support team and HR.

Diamond’s Divisional Director will consider and decide on proposals for hosting Sponsored Researchers at Diamond through the scheme.

The following support for the scheme is provided by Diamond’s Research Support team:

• Provide advice and guidance on the scheme;
• Oversee the application and approval process;
• Ensure that Diamond adheres to the UK Home Office Sponsorship responsibilities, including keeping records of the following:
  • All documentation in support of the application for a Certificate of Sponsorship
  • Copy of the Sponsored Researcher’s passport, current visa, CV and evidence of the Sponsored Researcher’s course of study, PhD or verification that the Sponsored Researcher is studying towards a PhD (confirming duration, title and an appropriate contact at the University)
  • Copy of the Collaboration Agreement between Diamond and the Sponsored Researcher’s funding and/or parent organisation confirming the purpose of engagement, details of the Sponsored Researcher, research project title and aim, dates of engagement, location of project
  • Letter/documentation from parent/funding body confirming the relevant stipend/funding (this may be included in the above letters/agreements if relevant) and stating the location of the research
  • Maintenance letter or 3 months bank statements
  • Completed Temporary Worker documentation, forms and checklists in support of the application process
• Keep evidence of how Diamond manages the scheme, retaining a full set of auditable records of each visa application;
• Ensure that Diamond adheres to the UKVI reporting and monitoring duties, caring for and repatriating the Sponsored Researcher before his/her visa expires;
• Ensure that there is a collaboration between research organisations and a formal agreement containing key principles between the parties;
• Ensure each Sponsored Researcher meets all formal requirements of the scheme;
• Confirm that the Sponsored Researcher does not intend to establish a business in the UK;
• Decide how to remunerate the Sponsored Researcher or whether to employ them.  Where appropriate, this will need to be in line with our grading system and pay structure and in conjunction with the Divisional Director and HR; 
• Confirm that the Sponsored Researcher is a person who wishes to come to the UK to lead or take part in a formal research project and that they can support themselves for this purpose;
• Confirm that the position is located in the UK and ensure that the Sponsored Researcher works under the full or partial control of Diamond, and that Diamond will benefit from the research. The Sponsored Researcher may, as part of their engagement, be placed with an industrial partner. However, they may not play a direct role in commercialisation of resulting products and services (or set up a business in the UK);
• Ensure that the research post is not a vacant position at Diamond (ensuring that Diamond has a detailed description of the supernumerary position) - if the post is one of employment to refer the matter to HR;
• Ensure that Diamond has a detailed description of the Sponsored Researcher’s role in the project / collaboration;
• Support for the sponsored visiting researcher if their status is not that of an employee;
• Ensure that the Sponsored Researcher does not intend to do any other work except on the project;
• Confirm that the Sponsored Researcher will receive as a minimum the UK National Minimum Wage (or equivalent taking any stipend / reimbursement contributions into account);
• Accountable for records of Temporary Worker application;
• Monitor and report quarterly to the Directors on current migrant activity and how the scheme is run at Diamond;
• Report to Diamond’s Legal and HR teams on new Sponsored Researchers and keep records of numbers of Sponsored Researchers;
• Report to Diamond’s Legal and HR teams any concerns regarding the Organisation’s ability to continue to operate within the rules of the Scheme;
• Work with the Legal team to address UKRI/Home Office/UKVI assurance requests in full and without delay.

Support for the scheme will be provided by Diamond’s HR team as follows:

• Ensure that the role must be at Regulated Qualifications Framework (RQF) level 3 or above;
• Ensure that the job description matches an equivalent Standard Occupational Classification (SOC) code;
• Interact with the Home Office portal; 
• Issue the Certificate of Sponsorship;
• In collaboration with the Research Support team and the Diamond Line Manager, support the recruitment, engagement and personnel management of Sponsored Researchers who are engaged as employees;
• Ensure that Diamond complies with UK employment and other legislation at all times including (without limitation) the Immigration, Asylum and Nationality Act 2006, the Immigration Act 2014 and the Immigration Act 2016;
• If the Sponsored Researcher is a Diamond employee, provide HR support for the Sponsored Researcher as would ordinarily be undertaken for other Diamond employees if the Sponsored Researcher is a Diamond employee.

Support for the scheme will be provided by Diamond’s Legal team as follows:

• Review approved proposal form;
• Issue appropriate agreements and related documentation in support of collaborative work; 
• Provide advice and guidance on legal matters relating to applications;
• Oversee any audits required of the Temporary Worker process by the Home Office/UKRI.

The Sponsored Researcher will:

• Be a researcher or specialist taking part in a specified piece of work or a student on an internship or work placement;
• Have qualifications above RQF level 3 equivalent to A level or above;
• Meet any requirements as set by UK Visas and Immigration;
• Not necessarily be employed overseas, but will need to be funded by Diamond, overseas employer or a UK or non-UK funding body;
• Not be self-funded;
• Be paid weekly/monthly/annually or in one lump sum. There are no restrictions, provided they are paid at national minimum wage rates; 
• Not necessarily be a Diamond employee (but could be, provided the position does not amount to a genuine vacancy);
• Observe the UK Working Time Regulations;
• At all times have their main place of work at Diamond;
• Work under Diamond’s full or partial control and may, as part of their engagement with Diamond, be placed with an industrial partner at Diamond’s discretion. However, the Sponsored Researcher may not play a direct role in commercialisation of resulting products and services (or set up a business in the UK);
• If still studying, provide Diamond with full details of the nature of the course, course duration, relevant details of the study year, and contact details of the University
• Be entitled to undertake a courses of study, however any study undertaken cannot interfere with the purpose of the engagement, and must be ancillary;
• Be able to show that he/she can support himself/herself (and any dependents) without recourse to public funds;
• Comply with Diamond’s policies and procedures, values and behaviours;
• Confirm that he/she intends to leave the UK at the end of his/her visit;
• Confirm that he/she will adhere to the scheme criteria;
• Provide confirmation of their proposed travel arrangements and personal insurance details.