General terms and conditions of the Tier5Intern scheme
These General Terms and Conditions of the TIER5INTERN Scheme comprise the statement of conditions numbered 1-19 (inclusive) below together with all of the provisions set out in each of the three Schedules attached (“General Terms and Conditions”).
- The definitions set out in Schedule 3 apply in these General Terms and Conditions.
- These General Terms and Conditions shall apply with effect from the date of acceptance by GTI of the Employer's TIER5INTERN Scheme registration application to GTI and shall continue to apply thereafter during the period of the Employer’s registration with GTI unless and until the date of the first to occur of the following events:
- the date of termination of the Employer’s registration with GTI under the TIER5INTERN Scheme in accordance with conditions 10 or 11 of these General Terms and Conditions; or
- the date of termination of the Sponsorship Licence held by GTI; or
- the date on which the TIER5INTERN Scheme ceases to operate.
- The parties agree that conditions 4 and 9 of these General Terms and Conditions
shall continue to apply following termination of the Employer's registration with GTI
Nothing in these General Terms and Conditions limits or excludes the liability of GTI for (a) death or personal injury resulting from its negligence; or (b) any damage or liability incurred by the Employer as a result of any fraud or fraudulent misrepresentation by GTI.
Subject to the immediately preceding sentence:
- GTI shall not be liable for (i) loss of actual or anticipated profits; or (ii) loss of business or business opportunity; or (iii) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses howsoever arising (including without limitation from the performance by an Intern of his contract with the Employer); and
- GTI's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the Employer's registration with GTI under the TIER5INTERN Scheme shall be limited to the amount of the Fees paid by the Employer to GTI in the 12 month period immediately prior to receipt by GTI of written notice from the Employer that it considers that GTI is liable for its loss.
ELIGIBILITY TO PARTICIPATE
CONTINUOUS EMPLOYER OBLIGATIONS
- In submitting any application to GTI for registration under the TIER5INTERN Scheme the Employer undertakes to GTI that, as at the date of submission of the application, the Employer satisfies all of the conditions set out in paragraph 3 below. The Employer shall continue to satisfy all such conditions throughout the period of the application until the final decision of GTI on whether or not GTI accepts any such application. The Employer shall on demand indemnify GTI and keep GTI indemnified from and against all fines, penalties, costs, claims demands, liabilities or expenses suffered or incurred by GTI arising out of or in connection with any failure by the Employer to comply with this paragraph 1.
- The Employer undertakes to GTI that during the period of the Employer’s participation in the TIER5INTERN Scheme commencing on the date of acceptance by GTI of any application by the Employer for registration under the TIER5INTERN Scheme the Employer shall satisfy and continue at all times to satisfy the conditions set out in paragraphs 3, 4, and 5 below.
- The Employer must either (a) retain a current Tier 2 sponsorship licence (with a minimum "A" rating) with the UKBA; or (b) satisfy GTI (in GTI's sole discretion) that it meets all of the TIER5INTERN Scheme requirements specified by GTI (in GTI's sole discretion) at any time or from time to time. Provided that if the Employer wishes to engage an Intern in work connected with the hospitality sector or care sector then the Employer must hold a Tier 2 sponsor licence with a minimum A rating. No Intern may be engaged in connection with the agriculture sector.
- The Employer's contract with any Intern must procure that the Intern supplies any and all information required by the Employer in order to satisfy its obligations under these General Terms and Conditions and in particular under conditions 4 and 5 and Schedule 2 of these General Terms and Conditions.
- The Employer's contract with any Intern must oblige the Intern to comply with all applicable laws during his stay within the United Kingdom, including (without limitation) the Immigration, Asylum and Nationality Act 2006.
SCHEME RULES OF INTERNSHIP
EMPLOYER'S OBLIGATIONS WITH RESPECT TO ALL INTERNS
- Throughout the period of the Employer’s participation in the TIER5INTERN Scheme the Employer shall comply with the following obligations set out in paragraphs 2 to 14 (inclusive) below in accordance with conditions 4 and 5 of the General Terms and Conditions:
- Each Intern's role must be supernumerary, appropriately supervised and have a job specification equivalent to the UK National Vocational Qualification Level 3 or above. The Intern's role must carry remuneration equivalent to or in excess of the National Minimum Wage. The Intern shall at all times have his main place of work located in England.
- The Employer shall ensure that any Intern is (1) over 18 years of age (as at the date of application by the Employer to GTI for a Certificate of Sponsorship in respect of that Intern) and (2) is either engaged in degree level studies or has a degree which is equivalent to the United Kingdom's qualification framework established by NARIC or otherwise meets NARIC's relevant assessment criteria and (3) is legally entitled to undertake the relevant role and has the appropriate registration and/or professional accreditation where required by law. The Employer must retain a certified copy of any appropriate registration document or certificate on file and supply a certified copy to GTI immediately upon request. For the avoidance of doubt, where the Intern's degree qualification has no direct NARIC equivalent GTI will for this purpose accept an undertaking from an Employer which holds a current Tier 2 sponsorship licence (with a minimum "A" rating) that the Intern's degree qualification meets the relevant NARIC assessment criteria.
- The Employer shall only offer contracts to Interns who meet the requirements of Tier 5 (Temporary Worker) of the Points-Based System and who are likely to comply with the conditions of any Leave issued by the UKBA. The requirements and conditions of Leave are set out in the UKBA's immigration rules.
- If a Certificate of Sponsorship is granted to an Intern but that Intern does not make or progress any application to the UKBA for Leave under the TIER5INTERN Scheme, the Employer shall report this immediately to GTI in order for it to withdraw that Intern's Certificate of Sponsorship.
- The Employer shall report the arrival of the Intern to GTI within 24 hours of such arrival. If an Intern does not attend at his specified place of work on his first day of work at the expected time, the Employer must report this in writing to GTI immediately (and in any event within 24 hours) and must include any reason given by the Intern for his non-attendance.
- If an Intern is absent for more than 10 days from the Employer's location or if an Intern discontinues his contract with the Employer or if an Intern's contract with the Employer is terminated, then the Employer shall report this in writing to GTI immediately.
- If there are any significant changes in an Intern's circumstances such as for example (but not limited to) a change in remuneration or a change of the main location within England that the Intern is working at, the Employer shall report this in writing to GTI immediately.
- If the Employer has any suspicion that an Intern is breaching the conditions of his Leave (from the UKBA) the Employer shall report this in writing to GTI immediately.
- The Employer shall provide GTI in writing with any information that the Employer may be aware of that suggests that an Intern is engaged in terrorism or criminal activity. Such information shall be supplied to GTI immediately upon the Employer becoming aware of it and the Employer acknowledges and agrees that such information shall be provided by GTI direct to the UKBA and/or the police.
- The Employer shall at all times after commencement of the Employer's contract with the Intern retain the following records or documents and shall send certified copies to GTI immediately following such commencement of the contract and at any time thereafter when requested by GTI:
- a copy of the relevant pages of an Intern's passport or UK immigration status showing evidence of his entitlement to work;
- the Intern's full contact details, which must be sent to GTI whenever updated thereafter;
- such documents relating to Interns as the UKBA considers relevant and which GTI may therefore require in order to comply with its Sponsorship Licence; and
- where an Intern has a personal identity card, a complete copy of the relevant identity card and which the Employer must supply to GTI within 2 Business Days of the Intern commencing work.
- The Employer shall at any time after commencement of the Employer's contract with the Intern supply to GTI on demand certified copies of all documents as GTI may at any time or from time to time thereafter require in connection with the TIER5INTERN Scheme.
- If the Employer has any suspicions that an Intern does not intend to exit the UK on expiry of his Leave, the Employer shall report this in writing to GTI immediately.
- If the Employer knows or has reason to believe that the Intern has failed to exit the UK on the expiry of his Leave, the Employer shall report this in writing to GTI immediately.
UNDERSTAND THE TERMINOLOGY
- In the TIER5INTERN SCHEME General Terms and Conditions the following definitions apply:
- In these TIER5INTERN Scheme General Terms and Conditions:
- use of the singular includes the plural and vice versa;
- use of any gender includes the other genders;
- any reference to "persons" includes natural persons, firms, partnerships, companies, corporations, associations, organisations, governments, states, foundations and trusts (in each case whether or not having separate legal personality); and
- these General Terms and Conditions shall be cross referred to (by numbering) as conditions 1 to 19 inclusive and otherwise to the numbered paragraphs in Schedules 1, 2 and 3.
means any day which is not a Saturday or Sunday or a bank or public holiday in England;
“Certificate of Sponsorship”
means the unique reference number issued by GTI to the Employer (when GTI has accepted an application from the Employer requesting GTI to issue a Certificate of Sponsorship in relation to a particular Intern nominated by the Employer) in respect of the relevant Intern and which the relevant Intern must then use in connection with any subsequent application for Leave made to the UKBA under the TIER5INTERN Scheme;
means the aggregate of the charges set out in condition 7;
means GTI RECRUITING SOLUTIONS LIMITED (Company Number 3977847) a company incorporated in England & Wales whose registered office is at The Fountain Building Howberry Park Benson Lane Wallingford Oxfordshire OX10 8BA;
means any degree level undergraduate or graduate who is not a national of any member state of the European Union or European Economic Area and who requires Leave from the UKBA and who seeks to take up work or training experience based in England with the Employer under the TIER5INTERN Scheme;
means, as appropriate, entry clearance or a visa for, or leave to enter, or leave to remain within, the United Kingdom;
means the National Agency (managed on behalf of UK Government) responsible for providing information, advice and opinion on international vocational, academic and professional skills and being the UK official source of information on international qualifications to organisations recruiting from overseas;
"National Minimum Wage"
means the National Minimum Wage as from time to time set by the government in accordance with The National Minimum Wage Act 1998 and associated secondary 12 2904194/9504094 legislation made under this Act;
"Points Based System”
means the UKBA's immigration rules adopted following the implementation of the Immigration, Asylum and Nationality Act 2006 and as updated and amended from time to time in accordance with any changes to that Act or any other relevant legislation;
means an over-arching body within the meaning of the UKBA Guidance for Sponsor Applications – Tier 2, Tier 4 and Tier 5 of the Points Based System as updated and amended from time to time;
means the licence awarded by the UKBA to GTI under which GTI acts as a Sponsor for the purposes of Tier 5 of the UKBA Points Based System;
means The Tier 5 Intern Programme (a Government Approved Exchange (GAE)) scheme designed specifically to allow undergraduates and graduates from countries outside the EEA to gain experience working in UK industry;
means the United Kingdom Border Agency; and
means UK value added tax and/or any other equivalent UK sales or turnover tax at the prevailing rate from time to time.