How many hours can a student work?

Summary of changes to student rules

On 10th February 2010 the government formally published a Statement of Changes in Immigration Rules, setting out the amendments to be made to the rules governing migrants who wish to come to the UK to study. The changes, which were initially announced by the Home Secretary Alan Johnson on the Andrew Marr show on Sunday 7th February, will not only impact foreign students (both current and prospective), but also the UK companies which employ them during term time.

The changes, which are due to take effect on 3rd March 2010, are as follows:-

• Student applicants wishing to come to the UK to study to improve their English will be required to demonstrate competency in English language, equivalent to just below GCSE level, by passing an approved secure test;
• Students wishing to study any subject area at below degree level will be required to demonstrate English language skills equivalent to just below GCSE level;
• Courses considered to be low-level such as A-Level or equivalent will be restricted to only those institutions which the UK Border Agency considers to be the "most trusted";
• Students studying below first degree level (excluding foundation degree courses) will be restricted to working just 10 hours per week during term time;
• Students who will be undertaking a course which is less than 6 months in duration will not be permitted to bring dependent family members into the UK with them;
• The dependent family members of students studying a below first degree level course will not be permitted to undertake employment in the UK and may be removed from the UK if they are found to be working.  However, partners of Tier 4 migrants will be permitted to switch status in country into Tier 1 and Tier 2 assuming they meet the requirements of these categories.

The 10 hour rule

It is expected that UK companies who habitually employ foreign students will be particularly affected by the reduction in term-time working hours from 20 hours per week to just 10 hours per week for students studying on a below first degree level course.  In order to comply with the restriction, employers will now need to look very carefully at the course of study their foreign student worker is undertaking in the UK to ensure that the company is not in breach of the 10 hour rule.  Students will still be permitted to work full-time during the holidays.  It is anticipated that in respect of Tier 4 applications made on or after 3 March 2010, the visa/residence permit/Identity Card for Foreign Nationals (ICFN) will be endorsed with the number of hours a student is permitted to work.

Further changes will include:

• A ban on foreign students studying below degree level if the course includes a work placement, unless the course is provided by a university, college or training provider which has the status of "highly trusted sponsor";
• The introduction of tougher criteria for determining which institutions can be classed as highly trusted sponsors.  It is anticipated that all publicly funded universities and colleges will be classed as highly trusted, and a quick but rigorous procedure will be implemented to allow private colleges to gain highly trusted status as soon as possible.

Transitional arrangements

Transitional arrangements will be put in place for students or prospective students who submitted their applications prior to 3rd March 2010.  Such applications will be considered against the rules in place at the time the application was filed.  All applications filed on or after 3rd March, including extension applications, will be subject to the new rules.

This article was first published in Business Immigration eBulletin February 2010