There has been some confusion surrounding the UKBA's guidance on what type of employment a student can or cannot undertake.
Students are not meant to fill a full-time permanent vacancy but they can work full time during the vacation period and on completion of their course. Seems contradictory doesn't it? Well the UKBA have suggested some further guidance to clear that up:
- A full-time permanent vacancy would cover any full-time post that is permanently on a companies staffing group.
- What is and isn't full-time is dependent on the specific post on offer and not the contract type.
- For example, a manager that is required in the office on a permanent basis would be a full-time permanent post, but an assistant or secretary to that manager required in the office to complete a particular project would not be, and a student can fill that post.
However, just to make it a little more complicated, casual work - such as bar work - would not be deemed a full-time permanent vacancy.
Whilst the student is awaiting a decision on an application to move from being a student to another category / employment route they must still comply with the above conditions until such time that application is approved and they are no longer a student.
If you have any questions relating to the above points, please do not hesitate to contact us.
The UKBA amended the Immigration Rules to Tier 4 Students to include the following:
- restrict work entitlements, by only allowing students sponsored by higher education institutions (HEIs) and publicly funded further education colleges to work part-time during term time and full-time during vacations;
- restrict sponsorship of dependants to those of students sponsored by HEIs on postgraduate courses lasting 12 months or longer, and of government-sponsored students on courses lasting longer than 6 months;
- require institutions to confirm that courses represent genuine academic progression from any previous courses studied by the student in the UK; and
- create a streamlined application process for low-risk nationals sponsored by Highly Trusted sponsors.
The UKBA say:'These changes are aimed at delivering a strong migration system which tackles immigration abuse while allowing genuine students to study at genuine colleges.'
Which sounds a little like making Tier 4 less attractive and a more difficult for students. Given the abuse of Tier 4 is relatively small it is perhaps aimed at reducing the inflow of migration instead. More when we have it.
Changes to Tier 4 have come into effect on 21 April 2011. The Government announced that the changes 'deliver a strong migration system which tackles immigration abuse, while allowing genuine students to study at genuine colleges.'
A UKBA summary of the changes are below. Entry Requirements: Accreditation
All sponsors must have been accredited by either Ofsted and its devolved equivalents, QAA, the Independent Schools Inspectorate, the Bridge Schools Inspectorate or the Schools Inspection Service and all must become Highly Trusted Sponsors.
Sponsors will be required to achieve Highly Trusted Status by April 2012, and ... Read More...
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