• Insights

School’s Out: 5 Steps for Compliant Employment of Student Visa Holders

May 2, 2024

School’s Out: 5 Steps for Compliant Employment of Student Visa Holders

Country / Territory

  • United KingdomUnited Kingdom

Related contacts

Evan Tutton - web porthole

Evan Tutton

Manager

London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9223

Related industries

  • Academic Institutions, Higher Education and Non-Profit Organizations

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Evan Tutton - web porthole

Evan Tutton

Manager

London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9223

Related industries

  • Academic Institutions, Higher Education and Non-Profit Organizations

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Evan Tutton - web porthole

Evan Tutton

Manager

London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9223

Related industries

  • Academic Institutions, Higher Education and Non-Profit Organizations

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Evan Tutton, Sanjay Parmar

The Student visa route is the main immigration permission for international students wanting to pursue higher or further education in the United Kingdom. Between June 2022 and June 2023, the UK Home Office granted almost half a million sponsored study visas. International students are a large and educated group of potential employees. When compared to sponsored workers, they require a low initial investment and possess a clear post-study pathway through the Graduate visa route. Due to their diverse backgrounds and programmes of study, they can often provide skills and expertise that may be difficult to find locally.

However, companies need to consider their ability to employ students compliantly. Getting it wrong could put a business at risk of employing someone illegally with financial penalties of up to £60,000 per breach. It could negatively impact a sponsor licence holder’s sponsor license, including suspension or revocation.

This blog summarises the most important restrictions and sets out five steps that employers should (and in many cases, must) take when employing Student visa holders.

Hiring considerations and work restrictions

Student visa holders have a limited right to work determined by a combination of factors including their sponsoring institution, course level and whether their course is in session. Not all students have the same work permissions, but it is common during term time for Student visa holders enrolled in a degree-level programme to be allowed to work up to 20 hours per week. Those below degree level are generally limited to 10 hours per week, and Student visa holders studying part-time do not have the right to work.

Outside of term time, students who have the right to work are permitted to work full-time. This includes the period before their course starts, during vacations and during the period after they have completed their course. The student’s university or education provider defines term times.

It should also be noted that students who are in the UK undertaking a short course of study under the visitor route do not have any work rights.

In addition to work-hour restrictions, Student visa holders cannot hold a full-time permanent position. Therefore, when making an offer to a Student visa holder, it is important to ensure their hours are appropriately restricted and that the length of the contract is fixed to the length of their visa.

Five steps for employing student visa holders compliantly

To ensure that employing Student visa holders is a benefit and not a burden to a business, it is important to have robust processes to manage both their onboarding and ongoing compliance.

Employers should be aware of limitations on Student visa holders, implement measures to manage restrictions, and consider long-term workforce planning to retain talent post-graduation.

1. Conduct a pre-hire assessment

First, requesting evidence of the right to work during the hiring process to ensure potential hires have the appropriate permission for the advertised role is recommended. Employers should check the number of hours a student is permitted to work so that this can be incorporated into a potential offer. They should also carefully consider their ability to manage these restrictions, especially for shift work as a single slip-up could put a business at risk of a civil penalty.

2. Make a compliant offer

Student visa holders are not allowed to undertake a permanent full-time role, so employers cannot offer Student visa holders full-time permanent contracts. As mentioned above, it is imperative to make sure work hours are limited in line with the individual’s visa. Even if a business only intends to employ a Student visa holder outside of term time, they must not issue a full-time permanent contract.

Student visa holders who have applied in time to switch onto a Graduate or Skilled Worker visa may be exempt from the requirement and allowed to start on a permanent full-time contract before the application is decided. An assessment is recommended to confirm they meet the requirements and to determine their eligible start date which will differ based on the visa route they have applied for.

3. Complete the right to work check

Once the offer is accepted, the next step is to conduct the formal right to work check. For Student visa holders this usually means using the Home Office’s online right to work service, making sure to follow the Employer’s guide to right to work checks carefully. Make sure to set a reminder to run a follow-up check before the current Student visa expires. Contact Student visa holders several months in advance and continue to follow up regularly until an application has been filed and the new check can be completed.

Where the Student visa expires, employment must cease until a time right to work can be revalidated compliantly online.

4. Retain evidence of term times and course completion

Employers must also keep evidence of term times and/or course completion for the entirety of the student's employment. Acceptable evidence could include a printout from the educational institution’s website setting out its timetable or a letter or email addressed to the student or the business from the educational institution confirming term times. If the student has completed their course, employers should secure written evidence that all relevant academic requirements are complete and that no further work or assessments is outstanding. This confirms that the term time working hour restrictions no longer apply.

5. Plan for the long-term

Post-study, Student visa holders generally have a short period during which they can continue to work and make further visa applications. Employers should speak with Student visa holders several months before they are due to complete their course to understand their long-term plans.

Many Student visa holders will be eligible to apply for the Graduate visa providing them with permission to live and work in the UK for a further two years. The Graduate visa does not require employer sponsorship and is therefore very cost-efficient for businesses.

Employers with a Sponsor Licence should consider the benefits of supporting an immediate switch to a Skilled Worker from a Student visa. Currently, this includes an exemption from the immigration skills charge and a full four years of access to the discounted new entrant salary rates. An assessment is recommended to ensure the role meets the Skilled Worker eligibility criteria and to determine if the individual can switch as there are restrictions on when this can occur.

How employers can ask their Student visa holders for help

Ultimately, employers are responsible for ensuring their employees have the appropriate right to work. Students must ensure they comply with the conditions on their visa and have a vested interest in assisting employers to ensure compliance is maintained.

The main way in which students can help is by keeping employers informed. We recommend that businesses ask their Student visa holders to advise them of any changes to their term times. Students can proactively request updated letters from their educational institutions anytime there is a change to their term time dates.

Similarly, organisations should ask students to let them know about any other employment or work that they undertake. The number of hours that a Student visa holder is permitted to work includes all paid employment and voluntary work. It is the total time that must not exceed the permitted hours, not just the time with a single employer. It is critical to ask Student visa holders if they have any other paid work or employment so that this can be taken into account when setting hours.

Student visa holders can be a great asset for any business, and work experience while studying provides crucial skills and professional training for students. It is in both organisations’ and students’ best interest to ensure that Student visa holders work compliantly.

Need to know more?

For further information on how to conduct right to work checks for Student visa holders, please contact Senior Associate Evan Tutton at [email protected] or Fragomen’s Compliance and Audit team at [email protected]. For further information on UK student visa immigration requirements, please contact Immigration Supervisor Sanjay Parmar at [email protected] or Fragomen’s UK Education Team at [email protected].  

This blog was published on 2 May 2024, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram.

Country / Territory

  • United KingdomUnited Kingdom

Related contacts

Evan Tutton - web porthole

Evan Tutton

Manager

London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9223

Related industries

  • Academic Institutions, Higher Education and Non-Profit Organizations

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Evan Tutton - web porthole

Evan Tutton

Manager

London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9223

Related industries

  • Academic Institutions, Higher Education and Non-Profit Organizations

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Evan Tutton - web porthole

Evan Tutton

Manager

London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9223

Related industries

  • Academic Institutions, Higher Education and Non-Profit Organizations

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

UK Budget 2026: What the Government’s Immigration Plans Mean for Employers

In a new blog, UK Government Affairs Strategy Director Shuyeb Muquit examines what this direction could mean for employers, including why access to international talent may increasingly be considered alongside investment, productivity, innovation, regional growth and long-term workforce development.

Learn more

Video

UAE – Demographic Diversity Requirements | #MobilityMinute

The UAE’s demographic diversity requirements are designed to encourage a more diverse workforce among companies operating in the mainland jurisdiction. In this Mobility Minute, Manager Devika Thamattat explains the requirements, potential consequences of noncompliance and steps employers can take to help maintain the required nationality balance.

Learn more

Media mentions

Global Mobility Lawyer: Proposed H-1B Changes Could Increase Hiring Costs for Visa-Dependent Employers

Partner K. Edward Raleigh explains how proposed changes to the H-1B salary exemption threshold could affect US employers’ hiring practices and why enactment this year remains unlikely.

Learn more

Video

Family Reunification in Germany: Who Qualifies and How Does It Work?

In this video, Fragomen Senior Manager Katharina Vorländer explains who may qualify for family reunification in Germany, the requirements that may apply, employment and education rights for accompanying family members and important considerations when preparing an application.

Learn more

Media mentions

Dziennik Gazeta Prawna: Nielegalne zatrudnienie cudzoziemca? Pracodawca może stracić więcej niż pieniądze

Partner Karolina Schiffter discusses how digitalization is transforming immigration procedures in Poland and how law firms can adapt to evolving client expectations.

Learn more

Blog post

Who Qualifies for Costa Rica Permanent Residence?

Immigration Supervisor Michael Salas Guzman explains who may qualify for permanent residence in Costa Rica, the key benefits of permanent status and important considerations for foreign nationals planning to live and work in the country long term.

Learn more

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more

Blog post

UK Budget 2026: What the Government’s Immigration Plans Mean for Employers

In a new blog, UK Government Affairs Strategy Director Shuyeb Muquit examines what this direction could mean for employers, including why access to international talent may increasingly be considered alongside investment, productivity, innovation, regional growth and long-term workforce development.

Learn more

Video

UAE – Demographic Diversity Requirements | #MobilityMinute

The UAE’s demographic diversity requirements are designed to encourage a more diverse workforce among companies operating in the mainland jurisdiction. In this Mobility Minute, Manager Devika Thamattat explains the requirements, potential consequences of noncompliance and steps employers can take to help maintain the required nationality balance.

Learn more

Media mentions

Global Mobility Lawyer: Proposed H-1B Changes Could Increase Hiring Costs for Visa-Dependent Employers

Partner K. Edward Raleigh explains how proposed changes to the H-1B salary exemption threshold could affect US employers’ hiring practices and why enactment this year remains unlikely.

Learn more

Video

Family Reunification in Germany: Who Qualifies and How Does It Work?

In this video, Fragomen Senior Manager Katharina Vorländer explains who may qualify for family reunification in Germany, the requirements that may apply, employment and education rights for accompanying family members and important considerations when preparing an application.

Learn more

Media mentions

Dziennik Gazeta Prawna: Nielegalne zatrudnienie cudzoziemca? Pracodawca może stracić więcej niż pieniądze

Partner Karolina Schiffter discusses how digitalization is transforming immigration procedures in Poland and how law firms can adapt to evolving client expectations.

Learn more

Blog post

Who Qualifies for Costa Rica Permanent Residence?

Immigration Supervisor Michael Salas Guzman explains who may qualify for permanent residence in Costa Rica, the key benefits of permanent status and important considerations for foreign nationals planning to live and work in the country long term.

Learn more

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
October 30, 2026 | Republic of the PhilippinesPhilippines: Amendments to Simplify and Streamline Labor Market Test, Other Alien Employment Permit Processes
October 30, 2026 | ChinaChina: APEC Business Travel Card Validity Extended
October 30, 2026 | IrelandIreland: Employment Permits Portal Offline Following Unauthorized Activity
October 30, 2026 | IrelandIreland: Short Stay Visa Waiver Programme Extended
October 30, 2026 | 🌐Minimum Salary Changes Announced
October 30, 2026 | Republic of the PhilippinesPhilippines: Amendments to Simplify and Streamline Labor Market Test, Other Alien Employment Permit Processes
October 30, 2026 | ChinaChina: APEC Business Travel Card Validity Extended
October 30, 2026 | IrelandIreland: Employment Permits Portal Offline Following Unauthorized Activity
October 30, 2026 | IrelandIreland: Short Stay Visa Waiver Programme Extended
October 30, 2026 | 🌐Minimum Salary Changes Announced
October 30, 2026 | Republic of the PhilippinesPhilippines: Amendments to Simplify and Streamline Labor Market Test, Other Alien Employment Permit Processes
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.