A Guide To Working In The UK On A Student Visa

While studying in the UK, many international students seek to undertake employment, work placements or volunteer work. When an international student holds a visa granted under Appendix Student or Appendix Child Student to the Immigration Rules, their permission to work will be a limited one. Accordingly, these students must ensure that they work within their permitted hours and avoid engaging in prohibited work. In this comprehensive guide, we will explore the types of work that are both permitted and prohibited for those holding a UK Student Visa.

Working in the UK on a Student Visa (Over 18)

Students are often permitted to undertake work alongside their course and between term times. However, a person's right to work as a student is limited, and not all students are permitted to work while studying in the UK. Students should take caution to ensure that they work within their permitted hours, to avoid a breach of their visa conditions.

The type of work and amount of work that a person holding a Student Visa can undertake in the UK is subject to several variables, including:

• The type of educational institution sponsoring the student;
• Whether the educational institution has a 'track record of compliance';
• The level of the course the student is undertaking; and,
• Whether the course is full-time or part-time.

What Type of Educational Institution Are You Sponsored By?

A selection of different educational institutions can sponsor students. They are categorised as follows:

• Higher Education Institution (such as a university);
• Overseas Higher Education Institution;
• Independent school;
• Private provider;
• Publicly funded college;
• Embedded college offering pathway courses;

Students can check the type of educational institution they are sponsored by and whether they have a track record of compliance on the 'Register of licenced sponsors: students'.

An education provider is considered to have a track record of compliance if they have demonstrated compliance with their sponsorship duties, including both educational oversight and immigration compliance. Students can check if their educational institution has a track record of compliance on the GOV.UK website here; if they do, 'Student Sponsor – Track Record' will be entered in the 'Status' column.

Employment and Permitted Hours of Work

Full-Time Courses at Degree Level or Above

Students who are sponsored to undertake a full time course at degree level or above at a higher education provider with a track record of compliance or a short-term study abroad programme in the UK with an overseas higher education institution are entitled to work for up to 20 hours per week in a part-time role during term-time. Before their course commences and during vacations, they are also permitted to undertake full-time employment.

Students are otherwise entitled to work full-time in the following circumstances:

1. For up to two years as an elected Student Union Sabbatical Officer or in a National Union of Students position and their permission was granted for this purpose; or,
2. As a postgraduate doctor or dentist on a recognised Foundation Programme where their permission was granted for this purpose.

If a person is studying a full-time course at any level, but their sponsor is not a higher education provider with a track record of compliance or an overseas higher education institution sponsoring a study-abroad programme, they can undertake work placements or work as a Student Union Sabbatical Officer as set out above.

Full-Time Courses Below Degree Level

Students who are sponsored to undertake a full-time course below degree level at a higher education provider with a track record of compliance are entitled to work for up to 10 hours per week in a part-time role during term-time. As above, before their course commences and during vacation periods, these students are permitted to undertake full-time employment.

In these circumstances, a student is also entitled to work as an elected Student Union Sabbatical Officer position as set out above.

Part-Time Courses

Students who are studying part-time courses are not permitted to undertake employment, including work placements.

Work Placements

Appendix Student sets out that full-time students are permitted to undertake work placements, provided that the course including the work placement leads to an approved qualification. If the course in question is below degree level, the Confirmation of Acceptance for Studies (CAS) must have been issued by a student sponsor who is not a probationary sponsor. Students can check whether their sponsor is a probationary sponsor here; if they are, 'Probationary Sponsor' will be entered in the 'Status' column.

The work placement itself must be assessed as an integral part of the course and can be no longer than 1/3 of the total course length, except where there is a statutory requirement that the placement must be so.

If the studied course is at degree level or above, work placements can be up to half of the total course length where the studies are undertaken at a higher education provider with a track record of compliance (please see above) or at an overseas higher education institution operating in the UK as part of a degree-level qualification by a student who is on a study abroad programme in the UK.

It is important to note that during work placements, the educational institution which issued the CAS continues to be responsible for the student.

Volunteering

For the purposes of Appendix Student, the Home Office Guidance sets out a distinction between voluntary work and volunteering. All students are permitted to volunteer, but not all students are permitted to do voluntary work; as such, they must determine which of the two they are undertaking. The Guidance distinguishes voluntary work and volunteering as follows:

Ordinarily, voluntary workers:

• Have contractual obligations to perform their work;
• Have an employer who is contractually required to provide them work (although a written contract is not required);
• Receive remuneration in kind for their work;

Meanwhile, volunteers:

• Do not have a contract;
• Do not substitute employees;
• Do not undertake unpaid work (although reimbursements may occur, e.g. for travel);
• Usually help a charity/voluntary/public sector organisation;

Only students who are permitted to work can undertake voluntary work, irrespective of whether they are being paid. Any voluntary work will contribute towards the number of hours they are permitted to work per week during term time.

Prohibited Work

While many types of work are not prohibited, as per Paragraph ST 26.5. of Appendix Student, those holding a student visa are not permitted to:

• Work in a position which would fill a permanent full-time vacancy unless Exception 1 (please see below) applies;
• Be self-employed or engage in business activities unless Exception 2 (please see below) applies;
• Work as an entertainer; or,
• Work as a professional sportsperson (including as a sports coach), although they are allowed to participate in amateur sport.

There are two exceptions which allow certain students to undertake full-time permanent positions or self-employment and business activity.

Exception 1: Work in a Permanent Full-Time Position

There is a general prohibition on students working in any position which would fill a permanent full-time vacancy. However, there are several exceptions to this rule if the following applies:

• The student is studying a full time course at degree level (or above) with a higher education provider with a track record of compliance; and
• The student has applied for permission to remain in the UK as a Skilled Worker or Graduate while holding permission as a student; and,
• No decision has been made on their application (or, in the event of a refusal, any Administrative Review has not been determined).

If the above applies, students who have submitted a Skilled Worker application may take up employment in a full-time permanent position up to three months before their course competition date if the above applies. Meanwhile, those who have applied for permission as a Graduate can commence employment as soon as they have successfully completed their course of study.

Exception 2: Self-Employment and Business Activity

As above, there is also a general prohibition on students being self-employed or engaging in business activities, which can be found under Paragraph ST 26.5. of Appendix Student. However, there is an exception to this rule under Paragraph ST 26.8. which applies in limited circumstances where:

• The student has applied for permission to remain in the UK on the Start-up route while holding permission as a student; and,
• Their application is endorsed by a higher education provider which is a Start-up route endorsing body with a track record of compliance; and,
• No decision has been made on their application (or, in the event of a refusal, any Administrative Review has not been determined).

Working as a Child Student (Under 18)

Appendix Child Student sets out working conditions for those under 18, at CS 16.1. and CS 16.2. Children under the age of 16 are not permitted to work in any capacity while they are in the UK with a Child Student visa, however, children between the age of 16 and 18 are permitted to work in limited circumstances.

During term-time, a Child Student cannot work for more than 10 hours per week. However, during school holidays/vacation, this restriction is lifted; this includes the time both before and after the Child Student has completed their course while their visa is valid. Child Students age 16 or above are also allowed to volunteer during this time. Please see the above section which sets out the conditions for volunteering as a student.

Child Students above the age of 16 are additionally permitted to work on a course-related work placement, if it forms an assessed part of their course and either, the time spent on the placement does not exceed half of the total length of their course in the UK or it is a UK statutory requirement that the placement should exceed half the total length of the course. As above, the student sponsor continues to be responsible for the Child Student during any work placement.

Finally Child Students are not permitted to be self-employed or engage in business activities, work as a professional sportsperson or sports coach, work as an entertainer or work in a position which would fill a permanent full-time vacancy.

Short-Term Student and Visitor Visa Holders

Appendix Short-Term Student (English language) allows students aged 16 and over to enter the UK for an English language course between 6 and 11 months in length at an accredited institution without being sponsored. Those who hold a Short-term Student Visa (English Language) are not entitled to work in the UK.

Appendix V: Visitor also allows visitors to study English language courses shorter than 6 months in length, if undertaken at an accredited institution. Please see this article for further insight into the business activities that are both permitted and prohibited under a visit visa.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.