Government work directives allow all full-time students to work
for a maximum of 20 hours per week in part time employment, and
full-time during study vacations with one exception. Students on
Visitor Visas cannot work at all.
You do not have to seek permission for this type of work,
although it must be remembered that when entering the country you
cannot include these earnings in showing you have sufficient funds
for your study period. Immigration Officials may ask for proof that
you have sufficient funds without having to seek employment.
Your husband or wife will be given a visa or passport stamp that
allows them to work if you were given permission to stay in the UK
for twelve months or more. Students studying for 6 months or less
should note that the rules governing work are different and that
you should make it known at Immigration if you intend to seek
part-time employment during your stay.
If you are a non-EEA national you will find one of two
restrictions stamped on your passport. The first one is "the holder
is not to enter employment, paid or unpaid, without the consent of
the Secretary of State for Employment and is not to engage in any
business or profession without the consent of the Secretary of
State for the Home Office". This means that, in theory you can
apply for approval to take a part-time or holiday job.
The second endorsement you may have stamped on your passport is
"the holder is not to enter employment, paid or unpaid, or engage
in any business or profession" this means that you cannot take up
employment under any circumstances.
The only students who should be issued with this second
prohibition are;
- Students on courses lasting less than 6 months (in which case
they are classified as visitors, not students)
- Students on longer courses who arrive with insufficient
documentation. In these cases the Prohibition indicates that they
have not been allowed into the country as students. However the
6-month expiry on the Prohibition stamp does not mean that their
situation can be corrected when it is time for the stamp to be
renewed or in the intervening period.
In conclusion, no student on a bona fide course lasting more
than 6 months should have a Prohibition in their passports.
Prohibition stamps are only issued for a maximum period of 6
months; it would not therefore be possible for a student on a
course lasting for longer than this to be given a Prohibition stamp
covering the entire period of their study in the UK.
Although the two types of stamps in students' passports remain
unchanged, International students no longer need clearance from a
Jobcentre before taking vacation or out-of-study work. The formal
and technical position is that students still need permission to
work, but that the Secretary of State has given blanket permission
for all affected students to work, subject to the specified
conditions, so that individual permission is no longer necessary.
The specified conditions remain unchanged:
- The student should not work for more than 20 hours a week in
term time except where the placement is a necessary part of their
studies with the agreement of the education institution
- The student should not engage in business, self employment or
the provision of services as a professional sports person or
entertainer the student should not pursue a career by filling a
permanent full time vacancy
- Study Abroad/Exchange students or students studying for less
than 6 months must inform immigration when entering the country if
they plan to seek part-time work otherwise they will not be
permitted to work while in the country.
- Sandwich course students from overseas will no longer need a
work permit for their work placements.
- International students will be able to take part time work
organised and in the gift of the School. Earnings from such can be
taken into account when applying for 'leave to enter or remain',
this being particularly aimed at research students.
- Students can use Jobcentres to look for and apply for jobs. If
a student finds an employer reluctant to employ without a work
permit, a Jobcentre can issue an explanatory note detailing the
changes in the law.
However, it is important that students do not rely on the
possibility of finding part-time work to fund their studies and
living expenses. You may still be asked at immigration to provide
financial evidence that you can support yourself for the full
period of your course and you may not be allowed past immigration
if you cannot do this. Please remember also, that any breach in any
of the working conditions could result in prosecution under the
Immigration Act and deportation from the country.
Taxation
The position on tax and national insurance remains unchanged, in
that, International students (and their spouses) will automatically
be subject to the same taxation rules that apply to UK
residents.
Everyone can earn or receive a certain amount of income in each
tax year (6 April to 5 April following year) before paying tax.
This is called the personal allowance and if your income is below
this figure in the tax year, you will not have to pay any tax. For
more information please visit the HM Revenue and
Customs.
If you think this may be the case, you should complete form
P38(S) handing it back to your employer to complete. Your employers
should then pay you without deducting tax. You can claim a tax
refund if you think you did not have to pay tax by completing form
P50 which can be obtained from your local Tax Office - contact
details of this office can be found in the local telephone book
under, ' Inland Revenue'.