It is common for students across the UK to have part-time jobs whilst they are studying and during summer and holiday time the need for temporary workers increases. It is not just settled workers that can fill these positions, but also roles can be fulfilled by an International Student. It is important, however, that employers carry out the mandatory right to work checks to ensure that all employees (both part-time and full-time) have the right to work in the UK and specifically, are aware of the visa restrictions and conditions for international students who are also working in the UK.
Can I hire a Tier 4 International Student?
Many British and European students have a part-time job whilst they are studying at college or university, in order to support themselves and subsidise their student loans. What many may not realise is that international students are also entitled to work during their studies; however, the number of hours they are permitted to work will vary depending on those individuals’ circumstances. The visa restrictions will be printed on the biometric residence permit (“BRP”) and it is important that employers are aware of the working conditions applicable to that student. We briefly outline the various working conditions below:
1. Permitted to work 20 hours per week during term time and full-time outside term time:
- If the student is on a full-time course at degree level (RQF level 6 (and equivalents)) or above sponsored by a UK recognised body or a body in receipt of public funding as a Higher Education Institution; or
- On a short-term study abroad programme in the UK at an overseas Higher Education Institution
2. Permitted to work 10 hours per week during term time and full-time outside term time:
- If the student is on a full-time course below degree level (RQF level 6 and equivalents) sponsored by a UK recognised body or a body in receipt of public funding as a Higher Education Institution; or
- On any course where the student is a Tier 4 (Child) Student over the age of 16 years old.
3. Not work allowed:
- Individuals studying a part-time course at post- degree level (RQF level 7 and equivalents) or above sponsored by a UK recognised body or a body in receipt of public funding as a Higher Education Institution; or
- Studying a course at any level at a publicly funded further education college; or
- Studying a course at any level at a private provider; or
- Studying a course where the student is a Tier 4 (Child) Student under the age of 16 years old.
What are the other permitted and prohibited activities on a Tier 4 Student Visa?
As with other UK visa categories, there are dos and don’ts that international students should be aware of whilst they are in the UK on the Tier 4 (General) Student visa.
Permitted Activities:
- International students can study on the course at the academic institution that is detailed on their confirmation of acceptance of studies (“CAS”);
- International students can work as a student union sabbatical officer;
- An international student may apply for their visa from inside the UK or outside the UK;
- International students can apply to extend their student visa;
- International students can use their leave in the UK as a student towards applying for settlement (also known as Indefinite Leave to Remain) if they meet all of the mandatory requirements.
Prohibited Activities:
- International students are not entitled to receive public funds or benefits, this also includes student finance;
- International students are unable to study at an academy or a local authority-funded school (also known as a maintained school).
The Tier 4 student visa also allows for family members (dependants) of the international student to join them in the UK. Understanding Points Based System applications can be daunting, especially as it is important to get the application right first time. Therefore prospective international students should contact our business immigration team to book a consultation to find out more about the Tier 4 Student Visa to study in the UK.
Using Legal Representation to understand the restrictions of a Tier 4 International Student Visa
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 4 Student Visa application.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK Tier 4 Student visa application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 4 Student visa application meets the Immigration Rules.
Successful Tier 4 Student Visa Applications
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Tier 4 Student visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Tier 4 Student visa application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.
Contact our London immigration solicitors on 02030110276 or complete our contact form.