Student Visa Work Rights: What Employers Need to Know

Understanding Student Visa Work Conditions

Students on a Student visa have conditional work rights. The conditions are printed on their BRP or shown on their eVisa. The most common condition is "work limited to 20 hours per week during term time."

Some students have different conditions:

• Students on courses below degree level may have no work rights or limited rights
• Students at unsponsored institutions may have no work rights
• Students on short-term study visas (up to 6 or 11 months) generally cannot work
• PhD and research students sometimes have different arrangements

Always check the individual student's visa conditions rather than making assumptions.

Term Time vs. Holiday Periods

The distinction between term time and holidays is critical:

• Term time: Maximum 20 hours per week. This applies during teaching weeks and any revision or exam periods
• Holidays: No hour limit. The student can work full-time during official university vacation periods

"Term time" is defined by the student's university or college, not by the employer. If you are unsure whether a period counts as term time or holiday, ask the student to provide confirmation from their institution.

The Home Office has published guidance on this at GOV.UK.

Right to Work Checks

Before hiring any worker, you must conduct a right to work check. For student visa holders:

• Check the student's BRP or use the online share code service
• Note the specific work conditions on their visa
• Record the visa expiry date and schedule a follow-up check
• Keep copies of documents for at least two years after employment ends

A proper right to work check gives you a statutory excuse if it later turns out the person did not have the right to work. Without it, you have no defence against a civil penalty.

Monitoring Working Hours

As an employer, you should have systems to ensure student employees do not exceed their permitted hours. Practical measures include:

• Setting up rota/scheduling systems that flag when a student approaches 20 hours
• Requiring students to declare if they have other jobs (as the 20-hour limit applies across all employment)
• Getting term dates from the student's university at the start of each academic year
• Training managers who handle scheduling about the restrictions

Remember: the 20-hour limit covers all of the student's employment, not just the hours with your business. If a student works 15 hours for you and 10 hours for another employer, they are breaching their conditions, and both employers may face consequences.