Employing an International Student in the UK on a Student Visa

Posted onOctober 13, 2023

In the run-up to Christmas, many UK companies are questioning how they will get enough temporary staff to work for them over the festive period. Our immigration solicitors are receiving lots of enquiries about sponsor licences and temporary workers as well as being asked questions about whether businesses with or without sponsor licences can employ international students.

In this blog, our Sponsorship Licence lawyers look at the immigration rules surrounding employing international students in the UK on student visas.

UK Online and London-Based Immigration Solicitors and Sponsorship Licence Lawyers

For sponsor licence and immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.

The rules for employing international students

UK employers need to be aware that they need to comply with UK employment law and illegal working legislation as well as with the immigration rules when employing international students. That is because international students are entitled to the same protections as other employees when it comes to matters such as health and safety or the minimum national wage. In addition, even if an international student is only going to be employed on a part-time or temporary basis, an employer must complete a right-to-work check before the student commences their employment.

The immigration rules on employing international students

Both international students and UK business owners must understand and follow the immigration rules for employing international students who are in the UK on student visas. If an international student does not follow the rules their visa may be curtailed and their breach of the immigration rules may result in future immigration applications being refused by the Home Office.

For employers with sponsor licences, you risk your sponsor licence if you breach immigration rules by employing a student on a student visa in breach of the rules. That is the case even though you do not need a sponsor licence to sponsor an international student on a student visa. Even if your company does not have a sponsor licence you risk prosecution or fines for employing someone who did not have the right to work in the UK for the hours you employed them to work.

Whilst the immigration rules are complex, Sponsorship Licence lawyers say that the rules should not deter your company from employing international students but that you should invest the time in ensuring you have the HR systems in place to monitor their employment and to stay within the rules. As tempting as it is, an employer cannot say that it is solely down to the international student to understand and follow their visa conditions.

If your company already has a sponsor licence you will be familiar with recording and reporting duties or be used to using a sponsor licence management service to manage your sponsor licence for you. Therefore, you should already have good systems in place that can be adapted to your employing international students on a temporary or part-time basis. If you do not have a sponsor licence or you know that your HR policies and procedures could do with an overhaul then our employment and immigration solicitors can help you with that process.

Appendix Student

The immigration rules for international students are contained in Immigration Rules: Appendix Student. There is also some helpful Home Office guidance on the interpretation of these rules.

The rules and guidance include comprehensive instructions on what work an international student can do whilst in the UK on a student visa. The key point for UK business owners is that you can employ an international student whether or not you hold a sponsor licence to sponsor skilled worker visa holders or workers sponsored under one of the global business mobility visa routes.

The immigration rules on employing international students

Most UK businesses will not be surprised to learn that the Home Office does not have a simple comprehensive set of rules about employing international students applicable to all international students. Instead, there are a series of rules depending on whether:

The course is at degree level or below or above degree level
The course is full or part-time
The course provider has a track record of compliance with UK immigration law
The course provider is a UK institution, or an overseas higher education institution sponsoring the international student on a short-term study abroad programme

Employing degree-level international students

The majority of enquiries our Sponsorship Licence lawyers receive about employing international students relate to those in the UK studying for degrees.

The rules relating to the employment of international degree-level students (assuming the student is studying full-time at a UK higher education institute (HEI) with a track record of compliance) are:

During term-time part-time work up to a maximum of 20 hours a week. Term times are defined by the student’s university or education provider
Pre-course start and non-term time (vacations) – full-time work is permitted
Work placements as part of the course

There are different rules if the international student is studying full-time as a postgraduate doctor or dentist or is in the UK on a recognised foundation programme or they are employed as a Student Union Sabbatical Officer for up to 2 years.

If the university or HEI provider does not have a track record of compliance, the international student can only undertake a course-related work placement or work as a Student Union Sabbatical Officer for up to 2 years.

Employing international students on non-degree level courses

If you want to employ a student in the UK on a student visa studying for a below-degree level course then their visa conditions limit them to:

During term-time part-time work up to a maximum of 10 hours a week
Pre-course start and non-term time (vacations) – full-time work is permitted
Work placements as part of the course

However, if the education provider does not have a track record of compliance, the international student can only undertake a course-related work placement or work as a Student Union Sabbatical Officer for up to 2 years.

Employment of part-time international students

The immigration rules do not allow part-time international students to work whilst in the UK and therefore they do not have the right to work.

Employing an international student on a skilled worker visa or a graduate visa

International students will eventually complete their courses and may want to work for your business on a graduate visa or through sponsorship under the skilled worker visa route.

The latest ( 5 October 2023) Home Office guidance on the Immigration Rules: Appendix Student says that a student on a student visa who makes a valid application under the skilled worker visa or graduate visa route, may start employment in a full-time permanent vacancy either up to 3 months before the course completion date (if a skilled worker) or once they have completed their course of study (for the graduate visa), provided they meet all these criteria:

They are studying on a full-time course of study at degree level or above with a higher education provider with a track record of compliance
Their skilled worker visa or graduate visa application was made when they had a valid student visa
A decision has not been made on their skilled worker visa or graduate visa application or their administrative review application has not been decided

How can OTS Solicitors help your business with its international student recruitment needs?

Recruiting overseas workers, whether they are international students or not can involve a detailed understanding of the immigration rules if your business is to avoid allegations that you employed a worker without the right to work in the UK because their employment is beyond the scope of their student visa conditions. If you plan to apply for a sponsor licence or already hold a sponsor licence that could have devastating consequences for your business. That is why our Sponsorship Licence lawyers recommend that you take business immigration legal advice when looking at recruiting international students as the illegal working legislation and immigration rules apply equally to permanent staff and temporary workers hired quickly to fill a pressing recruitment need.

UK Online and London-Based Immigration Solicitors and Sponsorship Licence Lawyers

For sponsor licence and immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.

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