Students undertaking full-time courses at degree level or higher in the UK must follow specific employment rules to balance their studies with work. These rules vary depending on the institution sponsoring the student and the level of study.
The UK Home Office outlines these conditions inAppendix Student ST 26, providing clarity on permissible work activities, restrictions, and guidelines.
This article explores these rules and what they mean for students navigating their academic and professional responsibilities.
Who Can Work in the UK?
To determine what work is permitted, it is essential to consider the type of sponsor and the course level. Students studying at:
- Higher Education Providers (HEPs): These are universities or institutions with a proven track record of compliance with UK regulations.
- Overseas Higher Education Institutions: Students on short-term study-abroad programmes at these institutions are also eligible to work while in the UK.
Both categories allow students to engage in employment under specific conditions outlined below.
Permitted Work for Eligible Students
Eligible students are allowed to work under the following conditions:
- Part-Time Work During Term Time: Students can work up to20 hours per weekduring academic terms. This limit is strictly enforced to ensure that students prioritise their studies.
- Full-Time Work During Vacations: Students can work full-time during official vacation periods, including before the start of their course.
- Work Placements: If the course includes a work placement, students can participate in this as part of their studies.
- Postgraduate Medical Training: Students enrolled in postgraduate doctor or dentist foundation programmes are permitted to work full-time during this training, provided they have permission for this specific course type.
- Student Union Sabbatical Officer Roles: Students elected as Sabbatical Officers in a Student Union can work full-time in this role for up to two years if they have the required permission.
These opportunities are designed to allow students to gain practical experience and support themselves financially, provided they adhere to the regulations.
Work Restrictions for Students
Although students have some flexibility to work, there are strict limitations to ensure compliance with their visa conditions:
- No Self-Employment or Business Activity:
Students are not allowed to engage in self-employment or establish a business. However, an exception applies to those awaiting a decision on a Start-up visa application, provided it is endorsed by a qualifying HEP. - No Employment as an Entertainer or Professional
Sportsperson:
Students cannot work as entertainers, professional sportspersons, or sports coaches. This restriction ensures that their work aligns with the conditions of their student visa. - No Full-Time Permanent Vacancies:
Students are not permitted to fill full-time permanent positions unless it is part of a recognised foundation programme or as a Student Union Sabbatical Officer.
What Does "Engaging in Business Activity" Mean?
The Home Office defines "engaging in business activity" as working for a business in which the student holds a financial or significant beneficial interest, other than as an employee. Examples of prohibited activities include:
- Starting a Business: Setting up a business as a sole trader or in partnership where the business is actively trading or establishing a presence.
- Owning Significant Shares: Working for a company where the student owns10% or more shares, even if held in trust.
- Holding a Statutory Role: Working for a company where the student holds a statutory role, such as a director.
These restrictions are in place to ensure that students focus on their studies and do not undertake activities that may conflict with their visa conditions.
Work Conditions After Course Completion
A student's visa often includes a period after their course ends, which is consideredoutside term time. During this time, students are allowed to work full-time. However, all other restrictions mentioned above remain in effect.
This period allows students to gain work experience or prepare for further studies or a change in visa status, such as applying for a Graduate visa or other work-related permissions.
Why Are These Rules Important?
These employment rules serve multiple purposes:
- Academic Prioritisation: The limits on working hours during term time ensure that students dedicate sufficient time to their studies.
- Protection of Labour Markets: Restrictions on self-employment, business activity, and full-time permanent positions prevent potential exploitation of the visa system and ensure fairness in the job market.
- Clarity for Employers and Students: The guidelines provide clear boundaries, ensuring students and employers comply with immigration rules.
Additional Opportunities
While the restrictions are significant, students can still take advantage of opportunities that align with their visa conditions:
- Work Placements: Many degree programmes include work placements, which offer valuable real-world experience while adhering to visa rules.
- Sabbatical Roles: Taking up a Student Union Sabbatical Officer role provides leadership experience without breaching work restrictions.
- Postgraduate Training: Students in medical or dental foundation programmes can gain essential skills and training while working full-time.
Balancing Studies and Work
Balancing studies and work can be challenging, especially for international students navigating a new environment. Students should:
- Plan Their Schedules: Ensure work commitments do not interfere with academic obligations.
- Understand Their Rights: Familiarise themselves with visa conditions to avoid unintentional breaches.
- Communicate with Employers: Clearly inform employers about work restrictions to prevent misunderstandings.
Advice for Employers
Employers hiring international students should take the following steps to ensure compliance with UK immigration rules:
- Verify Visa Conditions:Confirm the student's visa conditions to ensure they are eligible to work and understand the limitations.
- Track Academic Schedules:Obtain and maintain details of the student's term dates and vacation periods to determine when they can work full-time or part-time.
- Maintain Accurate Records:Keep thorough records of the student's working hours to ensure they do not exceed the 20-hour weekly limit during term time.
- Offer Suitable Roles:Provide positions that comply with visa restrictions, such as part-time roles, internships, or placements directly related to the student's course.
By following these steps, employers can avoid potential breaches of immigration rules while supporting international students in gaining valuable work experience.
Conclusion
The UK provides students studying full-time courses at degree level or above with opportunities to work and gain valuable experience. However, these opportunities come with clearly defined conditions and restrictions to ensure the focus remains on their studies and that immigration rules are upheld.
By understanding and adhering to these rules, students can successfully balance academic and work responsibilities, while employers can benefit from a diverse and talented workforce without violating visa conditions.
For more information, students and employers should refer to Appendix Student ST 26 or seek advice from qualified immigration professionals.
Originally published on December 6, 2024
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.
