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From student visa to permanent role: Key considerations for state schools

International students can form an important part of a school’s recruitment pipeline. However, their right to work under the Student visa is subject to strict limitations and must be managed carefully.

Most Student visa holders are permitted to work during their studies, but typically only for 10 or 20 hours per week during term time, depending on the nature of their course and sponsor. These limits are conditions of their permission and must be adhered to in all roles.

Full‑time work is generally only permitted outside of term time or once the course has formally ended. Even in those circumstances, restrictions continue to apply. In particular, Student visa holders must not fill a permanent full‑time vacancy unless they have made an application to switch into another immigration route, namely the Skilled Worker or Graduate routes.

Where a school is considering sponsoring a Student visa holder under the Skilled Worker route, the Immigration Rules impose specific requirements. An applicant applying to switch from within the UK must meet one of the conditions set out in Appendix Skilled Worker. In broad terms, this requires either that the individual has completed the course for which their Confirmation of Acceptance for Studies was assigned, or that they are studying a full‑time course at degree level or above with a compliant higher education provider and the proposed start date on the Certificate of Sponsorship is no earlier than the course completion date. For PhD students, there is a further provision allowing sponsorship where the role commences no earlier than 24 months after the start of the course.

In practise, these rules mean that timing is critical. Assigning a CoS too early, or employing within a role that amounts to a permanent vacancy before a lawful switch, risks refusal and potential compliance action.
 
At Stone King, we have a skilled Immigration Team who routinely help with queries relating to the employment of overseas nationals. If you would like advice on your specific circumstances, please get in touch today.

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academies and mats, education, faith schools, further education, independent schools, state-funded schools