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

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.