With the summer holidays fast approaching, businesses may see an increase in the number of job applications received from international students.
Employing international students may be an attractive prospect, having proven their independence by moving abroad in their late teens in addition to speaking multiple languages, but there are restrictions on hiring students from outside the EEA which employers need to be aware of in order to comply with immigration law.
Non EEA students studying at degree level or above at recognised UK universities are generally entitled to work 20 hours per week during term time and full time hours during holiday periods. A list of the recognised universities can be found here – https://www.gov.uk/government/publications/register-of-licensed-sponsors-students
Non EEA students studying for a qualification below degree level or at an educational establishment which is not a registered sponsor are unlikely to be able to undertake any work.
There are no working restrictions on students from EEA countries.
It is essential that employers undertake appropriate checks to establish the right of any prospective employee to work in the UK before an offer of employment is made. For UK and EEA employees this may amount to checking and retaining copies of their original passport or national identity card. For non EEA students it will in addition be necessary to establish which visa the student holds and any restrictions on that visa which may affect their right to work in the UK.
UK Visas and Immigration have intensified their focus on the employment of international students and are increasingly issuing enforcement letters to employers breaching immigration law. The penalties for employing illegal workers, where visas have expired or students work more hours than they are permitted to, include a fine of up to £20,000 per illegal workers. Employers who knowingly (as opposed to negligently) employ illegal workers can be subject to an unlimited fine and up to 2 years' imprisonment. There is also a reputational risk with employers being named and shamed for breaches of immigration law.
In order to minimise the risk of penalties arising, employers should ensure that appropriate right to work checks are undertaken and copies of the documents relied upon to offer employment are retained. It is also essential that employers have authentic documentation which sets out the relevant term time dates of students to ensure that they are working within the scope of any visa restrictions. Some employers have been caught out by averaging students' hours out over a monthly period. This is not permitted under the immigration rules. During term time a non EEA student is unlikely to be entitled to work more than 20 hours in any week.
Disclaimer
The material contained in this article is of the nature of general comment only and does not give advice on any particular matter. Recipients should not act on the basis of the information in this e-update without taking appropriate professional advice upon their own particular circumstances.
