Work restrictions for students employed at hotels

Posted: 30/07/2012

The UKBA has recently introduced new prevention of illegal working guidance which now includes clear instructions on the working restrictions placed on non-EEA students (Tier 4 (General) students). Although the current working restrictions were introduced in July last year, it is extremely important that hoteliers are aware of their parameters. The number of hours Tier 4 (General) students can work will depend on when the student was granted leave to remain in the UK and the type of course that they are studying.

Visas granted after 4 July 2011

The student’s working restrictions should be outlined on the visa endorsement in their passport or on their biometric residence permit. However, the working restrictions on those Tier 4 (General) students granted after 4 July 2011 are outlined below.

Tier 4 (General) students can work 20 hours a week during term time and full time outside term time if:

• they are studying a foundation degree or degree level courses at QCF or NQF level 6 or higher and with a recognised body or a body which receives public funding as a higher education institution; or
• they are on a short-term study-abroad programme in the UK while enrolled with an overseas higher education institution.

Tier 4 (General) students can only work up to ten hours during term time and full time during vacations if:

• they are studying at below degree level with a recognised body or a body which receives public funding as a higher education institution; or
• studying at a minimum of QCF or NQF level 3 with a publicly funded college where the college is a highly trusted sponsor. If the college is not a highly trusted sponsor, the minimum level of study is QCF or NQF level 4. 

Full details of working restrictions on students, including those granted visas before 4 July 2011, can be found in the UKBA’s prevention of illegal working guidance here.

To avoid a civil penalty of up to a maximum of £10,000 for each illegal worker, hoteliers should ensure that they audit existing personnel records, monitor rosters and control hours worked by students.

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