Employing migrant workers



 

Endorsements for students and work permit holders

Q75 - Is it true that the same Government stamps/endorsements are currently issued to students and work permit holders?

Yes. If a person has been granted leave to enter or remain here either as a student, or as a work permit holder, you can employ them while the date shown on their passport stamp or endorsement is valid. You must only offer them certain types of employment, in line with the Immigration Rules.

Students from outside the EEA, who are over the age of 16, are permitted to take some work here, providing their conditions of entry to the UK allow this, and they are given leave as a student in the UK for longer than six months. There are strict conditions on the type of work they can take while they are studying in the UK; see Q.70 for further details. However, the Government recognises that on some occasions it may be difficult for employers to verify an applicant's student status or otherwise. You should remember that the onus remains on the student, as it does for all your prospective employees, to demonstrate that they are able to work for you legally. You are perfectly entitled to request extra documents to reassure yourself that the person in front of you is a student. This could include an authorised letter from their place of study confirming their status.

You will not be able to rely upon checking a passport endorsement alone to establish a defence for work permit holders. In addition, you are also required to copy the work permit or letter of permission issued by Work Permits UK.

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Q76 - Does a person with leave to enter, or remain, in the UK as a student need to seek a variation of leave if they are subsequently issued with a work permit or letter of approval for employment from WPUK?

Yes. If the conditions under which the leave was originally granted are changed, then permission must be sought from the Home Office for further leave to enter or remain in the UK. This is because the only authorisation conferred by the stamp or endorsement is an authorisation to engage in the employment specified on the face of the work permit or letter of approval, which was held by the holder when the leave was granted.

If a student has been granted leave for a particular purpose, then they must have the conditions of their leave varied if they are to remain in the UK for a different reason.

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Q77 - A work permit holder with valid leave to enter, or remain, in the UK can undertake supplemental work, subject to certain conditions. With this in mind, are the total hours that they work subject to a weekly limit of 48 hours?

A work permit holder with valid leave to remain can undertake supplemental work on all of the following conditions:
  • that it does not interfere with the terms of their employment;
  • that it is a similar type of work to their work permit employment; and
  • that it is not arranged through an employment agency.
Those migrant workers who do have permission to work in the UK, are entitled to protection under the Working Time Regulations (and the 2002 amendment) in the same way as British citizens, and their working hours would be as specified in their employment contract.

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