Hiring International Students on a Part-Time Basis: Top Compliance Tips for Employers

Employment Rights of International Students

Not all international students are entitled to work while in the UK. However, some may take limited employment if their permission to study permits this. A student’s entitlement to work is typically endorsed in one of the following ways:

1. Visa Vignette/Sticker Affixed in Passport: The endorsement may state the student’s right to work and specify the number of hours permitted during term time, such as 10 or 20 hours per week.
2. E-Visa or Biometric Residence Permit (BRP): Students may have an E-Visa or BRP that reflects their work rights. Employers must verify this information online using the online service at https://www.gov.uk/view-right-to-work

Key Conditions for Employing International Students

• Term-Time Work: Students are allowed to work part-time during term time, adhering strictly to the maximum hours stated in their immigration documents (e.g., 10 or 20 hours per week).
• Vacation Work: Students permitted to work can engage in full-time work before their course begins, during vacations, or during the period they hold permission after completing their course.
• Definition of a Week: A week is defined as running from Monday to Sunday. Employers must ensure students do not exceed their permitted hours within this timeframe, even if the work spans across different calendar weeks.
• Term-End Dates: Employers must confirm the exact term-end date with the student’s sponsoring education provider to determine when full-time work can commence. If a term ends on a Friday, for example, full-time work would be permitted starting the next day (Saturday).
• Permanent Full-Time Roles: Students are not permitted to fill permanent, full-time vacancies unless: i. They are applying to switch into the Skilled Worker or Graduate routes. ii. They have valid applications for these routes and meet specific conditions, such as the course completion date. iii. They hold permission under the Doctorate Extension Scheme.
• Prohibited Roles: Students are not allowed to work as entertainers or professional sportspersons.

Also read: How to Check Sponsor Licence Status – A Quick Guide for Employees

Employer’s Responsibilities

Employers must take specific steps to ensure compliance with immigration rules when hiring international students:

1. Mandatory Right-to-Work Check: It is mandatory to conduct the online right-to-work check using the https://www.gov.uk/view-right-to-work service prior to the student’s work start date. Employers must verify that the original documents match the details obtained through the online check.
2. Verify and Retain Documentation: Employers must see and verify the original documents, ensuring they are valid and that the photo matches the individual presenting it. Retain copies of the following documents: Passport, Visa vignette/sticker affixed in the passport, Biometric Residence Permit (BRP) or eVisa, National Insurance number, and Records of right-to-work checks must include both physical and online evidence.
3. Confirm Academic Term Dates: Obtain and retain a record of the student’s academic term and vacation dates for the entire duration of their study. This information should be provided by the student’s sponsoring education provider through: A direct communication from the provider. A letter or email shared by the student.
4. Monitor Visa Expiry Dates: Employers must monitor the student’s visa expiry date to ensure they do not employ someone whose permission to work has lapsed. Set up a reminder system to track expiry dates and conduct follow-up right-to-work checks.
5. Work Hour Monitoring: Ensure students do not exceed their permitted work hours during term time, calculated on a weekly basis (Monday to Sunday). Employers must monitor weekly schedules and adjust work hours to avoid breaching visa conditions.
6. Seek Clarification if Needed: If discrepancies arise between course dates provided by the sponsoring education provider and other sources (e.g., the provider’s website), request further clarification.
7. Best Practice: Employers are strongly advised to verify the provided information directly with the student’s education provider to ensure accuracy.

Ensuring Compliance

Employers must be vigilant in adhering to these processes to avoid breaching immigration rules. By conducting mandatory online right-to-work checks prior to employment, verifying original documents (including passport and photo comparison), retaining records of key documentation, monitoring visa expiry dates, and confirming term dates with education providers, employers can ensure compliance and safeguard their business from potential penalties.

For more detailed guidance, refer to the https://www.gov.uk/government/publications/points-based-system-student-route

By following these best practices and maintaining clear communication with students and their education providers, employers can responsibly and effectively integrate international students into their workforce while ensuring full compliance with immigration laws.

This blog is designed to assist employers in understanding and implementing the correct processes for hiring international students on a part-time basis.

Also read: Are you hiring part-time workers sponsored by another employer under the Skilled Worker Route? Avoid costly mistakes.

For legal advice tailored to your situation, you can book a free consultation with us.

At Nara Solicitors, we provide a comprehensive range of services to assist employers in managing sponsor licenses, ensuring compliance, and addressing legal challenges. Our services include:

1. Sponsor Compliance and Audit Services Ensuring adherence to Skilled Worker and supplementary employment rules. Conducting audits to identify potential risks and ensure compliance with Home Office requirements.
2. Sponsor License Management Assistance in applying for, renewing, or managing your sponsor license. Providing training and guidance to HR teams on sponsor duties and legal compliance.
3. Representations Against Suspension or Revocation Filing representations against the suspension or revocation of sponsor licenses to help you retain your license and continue operations.
4. Judicial Review Challenges Challenging sponsor license revocations in the High Court of Justice King’s Bench Division (Administrative Court) by way of Judicial Review, ensuring that your rights as a sponsor are fully protected and any unlawful decisions are addressed.

Looking for skilled worker sponsor licence for your business? Contact us today.

Also Read: Sponsor Licence Suspended! – What Happens When a Sponsor Licence is Suspended?