The UK’s Student visa route allows most overseas nationals over the age of 16 to study in the UK with an approved academic institution (or "sponsor"). To support a visa application, the sponsor must first assign a Confirmation of Acceptance for Studies (CAS) to the individual setting out the details of the student and the course they are being sponsored to undertake. 

A Student visa is not required where:

• An individual is a citizen of Ireland. 

• An individual holds settled or pre-settled status. 

• The length of the course is six months or less and the individual can apply for a Visitor visa.

Individuals applying for a Student visa may also be able to bring their dependants (partner and children under the age of 18) with them to the UK if they are undertaking one of the following courses:

• A government-sponsored course lasting longer than 6 months. 

• A full-time postgraduate level course, lasting longer than 9 months, which is either a PhD or doctorate, or a research-based higher degree. 

Individuals who are studying a Bachelor’s or Master’s degree cannot do so, however.

Eligibility Requirements

Genuine Student 

The Home Office will assess an applicant's credibility to determine whether they are a genuine student. They may have regard to factors including the individual's immigration history, their education history and personal and financial circumstances to determine whether an individual meets this requirement. The purpose of this requirement is to ensure that individuals applying for a Student visa are genuinely seeking to come to the UK to undertake and complete the course for which they have been sponsored and are not for example, coming to the UK to work.

Approved Course & Qualification 

Usually, an applicant must have been accepted onto a full or part-time course which leads to an approved qualification at the required level of study. To meet this requirement, an applicant and their sponsor must ensure that the course they wish to undertake is of the required level and results in a qualification which UKVI has determined is appropriate for the purposes of the visa. For example, an individual undertaking a Bachelor’s degree will meet this requirement.

Financial 

New applicants also need to demonstrate that they hold sufficient funds to support themselves in the UK without recourse to public funds (for example Universal Credit). Individuals who are seeking to extend their permission as a Student who have been resident in the UK for at least 12 months are not required to show proof of funds.

To satisfy this, the applicant will usually need to demonstrate that they have sufficient funds to pay any course fees and a set amount of maintenance funds per month depending on whether they are studying inside or outside of London. 

English Language

An applicant will need to demonstrate that they are proficient in English language. For courses below degree level, the applicant must demonstrate English language proficiency to level B1 CEFR. For courses at degree level or above, level B2 CEFR is required. 

Where an applicant is required to take an approved English language test to demonstrate their language proficiency, they must demonstrate the correct level of English across all four components: reading, writing, speaking, and listening.

Work Restrictions 

Typically, student visa holders who are studying a full-time course at degree level or above are permitted to work up to 20 hours per week during term time.

“Term time” will vary depending on the sponsor and the course that is being undertaken. Outside of term time and after a Student visa holder has completed their course, they may be permitted to work full-time hours.

The 20 hours worked cannot be averaged out across multiple weeks; exceeding the limit in one week can therefore amount to unlawful working. Additionally, the permitted hours are the total hours worked for all employers and for any voluntary work undertaken. For example, where a Student visa holder works in one week, 10 hours for company A, 5 hours for company B, they will only be allowed to undertake a further 5 hours’ voluntary work in the same week.

Student visa holders also cannot:

• Be self-employed or engage in business activity, including holding shares of 10% or more or holding a statutory role, such as a director.  

• Work as a professional sportsperson or entertainer. 

• Work in a position which would fill a permanent full-time vacancy, unless they have completed their course. 

Employer Considerations 

Right to Work Checks 

As with all employees, employers must undertake a compliant Right to Work Check on a Student visa holder, in line with the government's Employer's Guide to Right to Work Checks (Right to work checks: an employer's guide - GOV.UK).

The employer should record any work restrictions imposed on the student. Employers should also have processes in place to monitor and comply with any work restrictions attached to a Student visa holder’s permission.

It is the employer’s responsibility to keep track of how many hours per week a Student visa holder is working. Should they be nearing close to the 20-hour limit, the employer should take steps to ensure the Student visa holder does not breach the conditions of their immigration permission.

Record-keeping requirements 

Evidence of the Right to Work check must be retained for the length of employment, plus two years afterwards.

Additionally, employers must obtain and retain details of a student visa holder's academic term and vacation times. This information should be provided by the sponsor. 

Consequences of non-compliance 

Should the Home Office discover that a Student visa holder has breached the conditions of their permission to remain in the UK by working in excess of the permitted hours, their permission may be cancelled, and they may have to leave the UK. This may also adversely impact any future immigration applications they may make.

Further, failure to take reasonable steps to prevent illegal working could result in the following for the employer:

• Civil penalties including fines of up to £60,000 per worker.

• Criminal sanctions including imprisonment and unlimited fines.

• Sponsor licence suspension or revocation.

• Revocation of other licences, including alcohol or private hire licences.

• Reputational damage.

Key Points Summary

• The UK Student visa route is available to individuals who wish to study an approved course to receive an approved qualification with a licenced provider.

• Most Student visa holders will be restricted in the number of hours they can work during term time.

• Employers must undertake compliant Right to Work checks and obtain evidence of term dates.

• Working in excess of the permitted hours can have severe consequences for both the employee and the employer.

How CG can help

Navigating the obligations associated with employing Student visa holders can be complex. CG’s immigration team are on hand to advise both employers and individuals on Student visa requirements, right to work compliance, and broader immigration matters.

Should you require any further information, please do not hesitate to reach out to CG's immigration team: immigration@cgprofessional.co.uk.