Right to Work: Employing International Students
27 October 2017 #Immigration
Some international students from outside the EEA are allowed to work in the UK, depending on the conditions of their visas. Where they are permitted to work, students can work part time during their studies, full time during vacation periods and any period of time between completing their studies and the expiry of their student visa. Employers wishing to take on such students should be aware of the additional right to work checks required.
Whilst Tier 4 students are expected to focus on their studies, they may wish to work part time to supplement their income or to gain work experience.
We often receive enquiries from HR staff unsure of the restrictions and rules relating to employing a student on a part time basis.
When carrying out right to work checks on an international student, HR staff should obtain evidence of the student’s visa (permission to be in the UK) and also evidence of their academic term and vacation dates so they can understand when the student can work part time or full time.
If you are making the check, you should obtain one of the following:
- A printout from the student’s education institution’s website or other material published by the institution setting out its timetable for the student’s course of study (you should check the website to confirm the link is genuine);
- A copy of a letter or email addressed to the student from their education institution confirming term time dates for the student’s course; and
- A letter addressed to you as the employer from the education institution confirming the term time dates for the student’s course.
You should ensure you are aware of the additional documentary requirements as you will need these documents to establish and retain a statutory excuse against civil liability. You should also ensure that the student does not exceed the maximum period they are permitted to work during term time.
Our business immigration team regularly provide training to HR teams ensuring they are able to carry out right to work checks correctly.
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