Employing an International Student on a Student Visa or Work Visa
UK employers are looking at ways in which they can meet their recruitment needs following the changes to the minimum salary threshold for the Skilled Worker Visa and Health and Care Worker Visa.
With ongoing problems in recruiting enough workers from within the UK, employers are casting their net wide to look at alternative visa options, including recruiting international students to work for their businesses on a part-time basis.
In this blog, our Immigration Solicitors look at the new immigration rules on employing international students and students switching from Student Visas to Work Visas.
UK Online and London-Based Immigration Solicitors and Sponsorship Licence Lawyers
For immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
The immigration rules on international students working whilst studying in the UK
Full-time international students in the UK on Student Visas can work for UK employers on a part-time basis. The employer does not need a Home Office sponsor licence and, unlike the Skilled Worker Visa, there is no minimum salary threshold. However, employers must:
- Pay the student the national minimum wage
- Carry out a right-to-work check before employing the student
- Repeat the right-to-work check if the student continues to be employed beyond the end date of their initial Student Visa
- Make sure that the student’s employment terms are consistent with the student’s visa conditions – if they are not the employer will be in breach of the illegal working legislation
- Ensure the employment contract is a temporary one rather than a permanent contract
The immigration rules say international students studying on a full-time degree course can:
- Work up to a maximum of 20 hours per week during term time
- Work full-time during college holidays and while on placements that are part of their course and subject to college assessment. The placement normally cannot be more than 50% of the total length of the college course
- Work as a student union sabbatical officer for up to 2 years
Different rules apply if:
- The course is below degree level or
- The student is under 18
Employing a student on a short-term Student Visa
A UK business cannot employ an international student on a short-term Student Visa, even if the work is casual or temporary.
A student on a short-term Student Visa will be learning English at a registered institution. On completion of the course, the student cannot switch to any type of Work Visa, including the Skilled Worker Visa.
Work Visas for international students in the UK on a Student Visa
The immigration rules have changed for new international students. The students affected are those who applied for a Student Visa on 17 July 2023 and started their course after 1 January 2024.
The new rules say:
- A Student Visa holder cannot apply to switch to a Work Visa until they have completed their degree course and
- The employment start date must be after the end of the student’s degree course
There is an exception for international students who are studying for a PhD. They can switch to a sponsored Work Visa 24 months after their course start date.
An international student who meets the above criteria can switch to a wide range of Work Visas including the Skilled Worker Visa, High Potential Individual Visa or Scale-up Visa.
Students who applied for their visa before 17 July 2023 are subject to the old work rules. This means they can move from a Student Visa to a Work Visa before their degree is completed if they have a job offer.
How OTS Solicitors can help your business with its immigration and employment law needs
Our Business Immigration Solicitors and Sponsorship Licence lawyers understand what a devastating impact the changes to the minimum salary threshold for the Skilled Worker Visa and other Work Visas will have on UK employers with sponsor licences.
We are regularly asked to advise on the options to recruit from overseas or to recruit individuals on current visas and subject to UK immigration controls. We can also help with all your employment law needs and we provide a sponsor licence management service.
UK Online and London-Based Immigration Solicitors and Sponsorship Licence Lawyers
For immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
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