What visa is required for an international student?
NHS Employers states a Tier 4 visa is required for students who wish to come to the UK to study. Some students who hold a Tier 4 visa are permitted to undertake supplementary work whilst in the UK.
How will I know if the visa permits working whilst in the UK?
By checking the with the Home Office using a Home Office share code from gov.uk, indicating that the person named is allowed stay in the UK, they are allowed to do the work in question and the number of hours of work allowed during the term time.
If this information is not set out, this is an indication that the student does not have the right to work.
What are the restrictions on work?
For students following a course at degree level (NQF level 6 or above) with a sponsor which is a recognised body or a UK higher education institution, the following work is allowed:
- up to 20 hours a week during term time
- any duration during vacations
For students following a course below degree level (NQF level 3, 4 or 5) with a sponsor which is a UK higher education institution, the following work is allowed:
- up to 10 hours a week during term time
- any duration during vacations
Required evidence prior to employment
Before employing a student who has a limited right to work during term time, you must obtain evidence of their academic term and vacation dates that cover the duration of their studies in the UK, for which they will be employed by you. You should request this evidence from the student.
This evidence should originate from the education institution that is sponsoring the student. You may obtain the dates for the entire duration of the course or, if this is not possible, you may obtain and copy them annually providing the information you hold is current at the time of the student's employment.
Acceptable evidence includes one of the following:
- A printout from the student's education institution's website, or other material published by the institution setting out its timetable for the student's course of study. You should check the website to confirm the link is genuine.
- A copy of a letter or email addressed to the student from their education institution, confirming term-time dates for the student's course.
- A letter addressed to you as the employer from the education institution confirming term-time dates for the student's course.
In exceptional circumstances, for example where the student is following a course timetable that differs from the one published, you may need to obtain bespoke evidence from the sponsor. It is important to remember that you require this evidence to establish and retain a statutory excuse against liability for a civil penalty.
Further guidance
For any further information or queries you may have, please speak with the NHS England (NHSE) Human Resources and Organisation Development (HR and OD) team.