Attendance monitoring of non-EU staff

Request

To whom it may concern,

Under the Freedom of Information Act 2000, or the Freedom of Information (Scotland) Act 2002, please provide me with the following information about international (non-EU) migrants – both staff and students – sponsored by the university. They are referred to in the questions below as non-EU staff or 
non-EU students.

1. Please provide the following further information about how the attendance of non-EU staff is monitored:
1.a Please set out the university’s system for recording this information, including whether and how it differs for Tier 2 and Tier 5 migrants. For example, is this information recorded on an online/intranet database, via swipe cards or in paper records?
1.b Please also state who at the university records this information – e.g. administrators or the non-EU staff themselves?

2. Please specify how often non-EU staff are required to submit a record of their attendance – e.g. daily, weekly, fortnightly, monthly – or how often another member of staff records this.
2.a Does this require a breakdown of the non-EU staff member’s daily routine and whereabouts, e.g. the time they began a task, such as teaching or work in the lab, and how long it lasted?

2.b If you provide instructions/guidance to staff (non-EU or others) on how to do this monitoring please provide them.

3. If it is centrally recorded, how many non-EU staff – including, if recorded, those on short-term and temporary contracts – were in breach in the academic years 2014-15 and 2015-16? Please provide a year-by-year breakdown.
3.a What action was action was taken against any non-compliant non-EU staff? Did the university report any of them to the Home Office/UKVI?

4. Please provide further details on how the attendance of non-EU students is monitored. N.B. Please set out the university’s system for recording this, and whether and how it differs for Tier 4 and students on other visas. For example, is this information recorded on an online/intranet database, via swipe cards or in paper records?
4.a Please also disclose who at the university records this information – e.g. administrators, personal tutors, supervisors, or the non-EU students themselves?

5. Please specify how often non-EU students are required to submit a record of their attendance – e.g. daily, weekly, fortnightly, monthly – or how often a member of staff records this.
5.a Does this require a breakdown of the non-EU student’s daily routine and whereabouts, e.g. the time they began a task, such as attending lectures or working in the lab, and how long it lasted?
5.b If you provide instructions/guidance to students or staff on how to record the attendance of non-EU students please provide them.

6. If this is recorded, how many non-EU students were non-compliant and/or in breach of their immigration and/or visa requirements in the academic years 2014-15 and 2015-16? Please provide a year-by-year breakdown.
6.a What action was action was taken against any non-compliant non-EU students? Did the university report any of them to the Home Office/UKVI?

*          *          *
Please send the requested information via email, preferably in a Word document, to _@_

N.B. If you require any clarification, please contact me under your Section 16 duty, or Section 15 of the Freedom of Information (Scotland) Act, to provide advice and assistance BEFORE providing your response. If you intend to invoke an exemption to the relevant FOIA please let me know BEFORE providing your response, so I can clarify this with you and, if appropriate, modify my request.

If the decision is made to withhold some of this data using exemptions in the Data Protection Act, please inform me of that fact and cite the exemptions used.

Please acknowledge receipt of this request, and I look forward to receiving the information within 20 working days. 


Yours faithfully,
 

Response

 
Dear Mr...,
 
I write further to your request for information dated 23 January 2019.  This request has been handled by the University in accordance with its duties and obligations under the Freedom of Information Act 2000 ("FOIA"). 
 
You requested details of:
 
1. Please provide the following further information about how the attendance of non-EU staff is monitored:
1.a Please set out the university’s system for recording this information, including whether and how it differs for Tier 2 and Tier 5 migrants. For example, is this information recorded on an online/intranet database, via swipe cards or in paper records?
1.b Please also state who at the university records this information – e.g. administrators or the non-EU staff themselves?

2. Please specify how often non-EU staff are required to submit a record of their attendance – e.g. daily, weekly, fortnightly, monthly – or how often another member of staff records this.
2.a Does this require a breakdown of the non-EU staff member’s daily routine and whereabouts, e.g. the time they began a task, such as teaching or work in the lab, and how long it lasted?
2.b If you provide instructions/guidance to staff (non-EU or others) on how to do this monitoring please provide them.

3. If it is centrally recorded, how many non-EU staff – including, if recorded, those on short-term and temporary contracts – were in breach in the academic years 2014-15 and 2015-16? Please provide a year-by-year breakdown.
3.a What action was action was taken against any non-compliant non-EU staff? Did the university report any of them to the Home Office/UKVI?

4. Please provide further details on how the attendance of non-EU students is monitored. N.B. Please set out the university’s system for recording this, and whether and how it differs for Tier 4 and students on other visas. For example, is this information recorded on an online/intranet database, via swipe cards or in paper records?
4.a Please also disclose who at the university records this information – e.g. administrators, personal tutors, supervisors, or the non-EU students themselves?

5. Please specify how often non-EU students are required to submit a record of their attendance – e.g. daily, weekly, fortnightly, monthly – or how often a member of staff records this.
5.a Does this require a breakdown of the non-EU student’s daily routine and whereabouts, e.g. the time they began a task, such as attending lectures or working in the lab, and how long it lasted?
5.b If you provide instructions/guidance to students or staff on how to record the attendance of non-EU students please provide them.

6. If this is recorded, how many non-EU students were non-compliant and/or in breach of their immigration and/or visa requirements in the academic years 2014-15 and 2015-16? Please provide a year-by-year breakdown.
6.a What action was action was taken against any non-compliant non-EU students? Did the university report any of them to the Home Office/UKVI?
 
The University's response is attached FOIA response 32/1357 and FOIA response 32/1357 pt 2 .
 
If you are not satisfied with the handling of your request, you may request an internal review.  Internal review requests should be submitted within two months of the date of receipt of the response to your original letter by writing to:

Chris Ince
University Secretary
London Metropolitan University
166-220 Holloway Road
London
N7 8DB
 
Email: c.ince@londonmet.ac.uk
 
If you remain dissatisfied with the handling of your request, you have a right of appeal to the Information Commissioner at:
 
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
 
Telephone:  0303 123 1113 or 01625 545745
Website:  www.ico.org.uk
 
There is no charge for making an appeal.
 
Kind regards,

Tracy Brathwaite
Information Compliance Officer
University Secretary's Office
London Metropolitan University
166-220 Holloway Road
London N7 8DB
Switchboard: 020 7423 0000