Work While You study
Although your main reason for coming to the UK is to study, you may also be considering working whilst you are in the UK. There are some complex regulations, and whether you are allowed to work and the type of work you can undertake will depend on many factors.
The European Economic Area (EEA) consists of:
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If your immigration status in the UK is that of a student, one of the conditions of your stay is that you have enough money to support yourself and your dependants without working or recourse to public funds.
Employment
Prohibition
If you have a stamp in your passport stating that you have 'employment prohibition', it means that you cannot work. If you are a prospective student or a full-time student on a course of more than six months but have been given a prohibitions stamp you can apply to the Home Office (form FLR(S)) to have this stamp changed to a restriction. Before you do this, you should get advice from your institution's welfare officer or student adviser.
Breaching a prohibition on work or taking employment in a way that is not provided for below can be very serious. If you are caught, the penalties are severe, and you may find yourself being fined and subject to deportation.
Employment
Restriction
Most international students will be given this stamp which states that the student must have the consent of the Secretary of State before they enter into employment. On 21 June 1999 the Secretary of State gave general permission to work to all international students who have this stamp in their passport. Subject to certain conditions international students no longer have to obtain permission to work.
What type of work can I do?
Since 21 June 1999, international students with the employment restriction stamp can now work part-time during term-time (up to twenty hours a week) and as many as they like during vacations without needing to apply for permission, provided:
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They are not engaging in business, self employment or the provision of services as a professional sportsperson or entertainer.
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They are not pursuing a career by filling a permanent full-time vacancy.
Students with prohibitions on working stamped in their passports are not allowed to work under any circumstances. Since the changes above are recent, you may come across employers who need confirmation of the new arrangements. Please refer them to the DfEE website or to their local Jobcentre, who will be able to give them a standard letter outlining the changes.
Can my earnings be taken into account when making immigration applications?
As part of the Government's recent initiative to attract more international students to the UK, earnings from guaranteed part-time work at a publicly funded institution of further or higher education in the UK where you are studying can only be taken into account when assessing whether you can meet your expenses in the UK if:
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You are / will be studying at a publicly funded institution of further or higher education.
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Your institution is providing and guaranteeing employment.
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It has provided details of how much you will earn.
A letter from your institution will be required confirming the above to assist your application for entry clearance to the UK, or permission to enter / remain in the UK.
This new provision also applies to sandwich course students where the institution is able to guarantee that work will be available and can confirm how much the student will earn.
Can I undertake practical training while on a course?
Practical training or 'sandwich courses' may be necessary as a part of the full-time course you are following. On 21 June 1999 the Secretary of State gave general permission for all students with restriction stamps in their passports to undertake work placements which are part of 'sandwich courses' provided that they meet certain criteria. If you are on such a course you may undertake a work placement if:
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You study at a recognised UK university or college. The placement is essential towards attaining your qualification.
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You must have a restriction rather than a complete prohibition on working stamped in your passport.
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Time spent on the placement forms only a relatively small part of the overall course duration.
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The placement does not go beyond the course completion date.
If you have a prohibition stamp in your passport and you have to undertake a work placement as a necessary part of your course you will need to apply to the Home Office to have the prohibition lifted.
Before you do this, you should get advice from your institution's welfare officer or student adviser.
Earnings from your sandwich course placement can now be taken into account when assessing whether you can meet your expenses in the UK if:
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The educational institution where you have a place of study can guarantee that there is a job available.
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It can guarantee how much you will earn.
Can I apply for an internship with a company in the UK?
Non EEA nationals will have to find an employer who is willing to offer you an internship placement.
As before, the following requirements need to be met:
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You must be on a first or higher degree level course at a college or university in the UK.
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You must have a restriction rather than a complete prohibition on working stamped in your passport.
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The employer must be considering recruiting you, normally as a trainee, following the completion of your course.
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The company or organisation which has a significant trading presence in the UK and other countries.
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Internships must last for a maximum of three months. The student must not already have an internship with that employer.
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Payment should reflect the normal trainee rates applicable to the profession or sector in which the internship is offered.
Can postgraduate research assistants work?
Permission to be employed as a research assistant by an institution, even if the purpose of the research is to gain a PhD, is only given in very special circumstances. Your institution will need to apply for a work permit for you from the DfEE's Overseas Labour Service, and you will normally need to be overseas when the application is made.
Can I undertake practical training and work experience after study?
The Training and Work Experience Scheme (TWES) enables overseas nationals to undertake training or work experience after you have finished your course either:
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Work-based training for a professional or specialist qualification.
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A period of work experience.
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A graduate training programme.
Your prospective employer needs to apply to the Overseas Labour Service (OLS) of the Department of Education and Employment (DfEE) for permission to employ you in that capacity. Only students are allowed to switch to TWES employment, anyone else is expected to leave the UK whilst their TWES application is being made.
Permits are issued for a limited period of time and you will not be allowed to stay on once your permit expires. An employer will not normally be allowed to apply for an ordinary work permit under the main work permit scheme until you have worked abroad for at least two years after completing your TWES placement.
Criteria for work-based training for a professional or specialist qualification:
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You should normally have an academic or vocational qualification at UK degree-level or N/SVQ level 4.
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You should have relevant qualifications to do the training.
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You should be training for a minimum of thirty hours per week, excluding any time for associated study.
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The company and person who is managing the training should be competent to provide the training.
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The training should be completed in the shortest possible time. When considering applications for extensions of permits, your progress will be taken into account.
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The intended qualification must not normally be obtained through full-time study.
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The training for only one qualification will be approved.
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The pay and other conditions should be comparable to those normally given to a resident worker doing the same level of training, and should reflect your experience.
Criteria for a period of work experience
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Your position should be additional to the employer's normal staffing requirements and should not be filling a position which would otherwise be filled by a resident worker, unless:
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You have been an employee of an overseas branch of the company for at least six months.
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You are participating in an exchange scheme recognised by the OLS.
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You are a part of a head-for-head exchange agreement with an overseas employer.
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The pay and conditions should be no more than those given to a 'resident worker' doing the same kind of work experience.
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The work experience should be at managerial, or at least N/SVQ level 4 or equivalent.
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You should have previous relevant experience, or appropriate academic or vocational qualifications.
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The work experience programme should describe the type and level of experience offered and how it will be supervised.
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In general it should not exceed twelve months and if it is likely to take longer this should be explained in the initial application. Extensions are only approved in exceptional circumstances up to a maximum of twenty-four months.
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The work experience should be for a minimum of thirty hours per week, excluding any time for associated study.
Criteria for a graduate training programme:
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The company should normally have a significant trading presence in the UK and overseas.
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§ The employer must be considering recruiting you, normally as a trainee, following completion of your course.
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The programme should be structured and should not exceed thirty-six months.
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The programme should be an established part of the company's recruitment and training procedure - if not applications should be made under work experience.
To obtain permission to undertake training, work experience or a graduate-training programme:
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Find an employer who will offer the above.
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Ask the employer to complete Form WP2 available from the Overseas Labour Service of the DfEE (telephone +44 (0) 990 210224).
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The employer needs to return the form to the Overseas Labour Service (if you a student in the UK - before your current leave to remain runs out. If you are not then you must leave the UK and ensure your prospective employer has obtained a permit before you return).
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You may have to wait at least eight weeks before you hear whether or not the permit is to be issued. If you are currently in the UK as a student and the OLS decides to issue a permit, the OLS will automatically refer your case on to the Home Office so they can decide whether or not to allow you to remain in the UK.