Right to Work

Foreign Student Workers

Foreign students who are able to enter and reside in the UK under Tier 4 of the points-based system are subject to restrictions on the amount of hours that they can work during term time depending on their course as follows:

• Students following a course of degree level study or a foundation degree course can work for no more than 20 hours per week in term time;

• Students following a course of study below degree level study (excluding a foundation degree course) can work for no more than 10 hours per week in term time.

• They do not have to seek approval from the UK Border Agency for such employment and can work full time during vacations.

“Foundation degree” means a programme of study which leads to a qualification awarded by a UK higher education institution with degree awarding powers which is at a minimum of level 5 on the revised National Qualifications Framework, or level 8 on the Scottish Credit and Qualifications Framework.

The Points-Based System (PBS)

The Points-Based System was introduced in 2008 for those employers wishing to employ migrants from outside the EEA.

The key elements of the system are:

• five tiers under which a migrant can apply to enter/remain in the United Kingdom

• awarding points to ensure that only those with the attributes required by the UK are able to come to the UK

• sponsorship where employers take responsibility to ensure that those they recruit have the intention and ability to fulfil the conditions of their visa.

Before an employer can sponsor a migrant, they must obtain a sponsor licence – the process is detailed here.

Now take the next step through: Right to Work.

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