Avoiding pitfalls when employing international students in the UK

International students can be a flexible workforce for UK employers, but they are also at the higher end of the scale when it comes to illegal working risk. Not understanding their work rights and how to evidence and monitor compliance with them can lead to a civil penalty of up to £60,000 per worker, so it’s important that you get this right.

How can I check an international student’s right to work in the UK?

Most Student visa holders undertaking a full-time course of study can be employed in the UK, subject to certain conditions. You can check the conditions by asking the student to provide you with a share code and checking their right to work online here.

As part of the right to work check, you must receive, copy and retain confirmation of the Student’s academic term and vacation times. This information must come from their sponsoring education institution, either directly to the employee in your business with responsibility for right to work checks, or through a letter or email that has been provided by the institution to the student. 

We would suggest not to rely on information published on the institution’s website as evidence of term and vacation times, as this may not directly relate to the student’s course or their personal circumstances.

What hours can a Student work during term-time?

Undergraduate and postgraduate students can be employed up to 20 hours per week during term-time.

Students enrolled in courses below bachelor degree level are limited to 10 hours per week during term-time.

The Home Office considers a week to run from Monday to Sunday, which may not be in line with the working week that your business uses for allocating shifts. You must also ensure that the person responsible for allocating shifts is aware of when the student is in or out of term-time.

Compliance with working hours during term-time can also become more complex if the student has another employer. In that case, both employers need to have procedures in place to ensure the student does not work above their allowed hours.

Can a Student work full-time?

Students with work rights can work full-time before the start of their course, during official term breaks and after they have completed their course.

They are also allowed to work full-time on a work placement that has been assessed by their educational institution as meeting the Home Office’s requirements for work placements.

If you are offering a work placement, the institution should provide you with a letter that confirms the details of the work placement, which you should retain as part of your right to work checks. The letter must include specific information in line with the Home Office’s Employer's guide to right to work checks. We are often asked to review these letters to check whether all the required details are included. This is because failure to get and retain a compliant letter can lead to an illegal working civil penalty being issued.

If you are considering employing a student who is on a work placement with another employer, you should find out whether the educational institution considers the work placement period to be within or outside term-time, as this will determine how many hours per week they can work for you during the placement.

Normally, a Student can’t be employed in a full-time, permanent role. An exception to this is if the student is within three months of the course completion date for a bachelor degree or higher course at an approved institution and has an outstanding Skilled Worker application (or related administrative review) which was submitted while they still had immigration permission as a Student. You should take care to check and document that the switching provision applies to the Student before employing them in a full-time permanent role.

What work isn’t permitted for a Student?

There are some restrictions on the type of work you can offer to Student visa holders:

• Full-time permanent employment is not allowed, unless the switching provision mentioned above applies;
• They cannot be self-employed or engage in business activity, unless they have successfully completed a bachelor degree or higher course at an approved institution and have an outstanding Graduate route application (or related administrative review); and
• Work as a professional sportsperson (including a sports coach) or entertainer is also not allowed.

The definition of ‘professional sportsperson’ for immigration purposes is very wide, however a Student who is studying at bachelor degree level or above is allowed to play or coach sport as an amateur (i.e. for personal enjoyment and not for a living) or as part of a work placement that is an integral and assessed part of their course.

Some tips for engaging Students

Here are some tips to avoid common pitfalls when engaging a worker who holds a Student visa:

• If the Student withdraws from their course, their right to work stops as well. Be proactive in seeking advice on the employment and immigration implications if this happens.
• Don’t assume that the general term dates listed on an institution’s website apply to everyone. For example, Masters and PhD students often have different schedules. Always get direct confirmation from the institution of the specific term dates that apply to your Student hire.
• To reduce the likelihood of the Student working more hours than they are allowed during term-time:
  • Set up an internal system to track hours worked from Monday to Sunday;
  • Provide right to work training to your staff who schedule shifts; and
  • Advise the Student in writing that they must inform you of any work they are doing for anyone else.
• Carefully check the wording of letters from education institutions about term-time dates, course completion date and work placements and ask for amended versions if they don’t include the necessary information to keep you compliant.
• If you are considering employing a Student who is on a work placement with another employer, seek confirmation from the education institution deems the work placement to be within term-time (most of them do) or outside of it.
• Understand what restrictions apply both before and after a student completes their course, including what work rights they may have when switching to the Skilled Worker or Graduate routes, and document it if a switching provision applies.
• Don’t engage a Student on a self-employed basis unless you are satisfied that the Graduate switching provisions apply to them. And if they do, consider carrying out a full right to work check in line with the Home Office’s current recommendations for engaging self-employed workers.
• Set reminders to review and where appropriate seek follow-up documentation if any evidence of right to work ends earlier than the Student’s work for you, e.g.: if an institution only provides you with confirmation of the term and vacation times for the current academic year.
• Set reminders to review and where appropriate change your monitoring practices or seek follow-up evidence where you anticipate a Student’s circumstances are due to change, e.g.: if they are due to complete their course, or if they have told you they have an extra employer for a fixed period of time.

If you have any questions or need assistance with right to work compliance for Students, don’t hesitate to reach out to our immigration team. We will also be discussing right to work as part of our upcoming Immigration Law Academy on 13 and 14 November 2024, which you can find more information and sign up details for here.