Employment Law Rights for International Students

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Students who plan to have their higher studies abroad also think of working there, sometimes with their studies or sometimes after too. All countries have different eligibility criteria of employment to international students whether part-time or full time.

Write-up below highlights about employment rights for international students in UK. The employment rights of overseas students in UK firstly depend on overseas students’ nationality, i.e.  from which country they belong to.

Working rights for international students can be divided in three sections from nationality point of view:

(1)  EEA Countries (The European Economic Area) (includes all 27 EU countries plus Norway, Iceland and Liechtenstein).

(2)  Bulgaria and Romania (One of the A2 accession states).

(3)  International students from non- EEA countries

Being a Croatian while studying in the UK, students are entitled to work 20 hours a week during term-time and full-time during holidays. However, they must first obtain a yellow registration certificate confirming they are a student by completing a CR1 form.

Employment Rights for EEA Countries Students in UK

There is no need for the EU nationals to get a resident permit as it only confirms their existing rights to stay and work there. For EEA students or Swiss national there are no restrictions to work in United Kingdom.

Employment Rights for Bulgaria and Romania Countries Students in UK

Permission from the UK Border Agency is required for students of the accession states Bulgaria and Romania to work in UK. Students need to apply for an accession workers card if they are interested in having employment in UK. During their term time students from Bulgaria and Romania are eligible to work for no longer than 20 hours per week. During their vacations for fulltime employment these international students need a registration certificate or a ‘yellow card’ first. An EEA family permit is free. An EEA family permit makes it easier and quicker to enter the UK. You might not get a boarding pass and could experience major delays without one. An EEA family permit is valid for 6 months.

Employment Rights for Non- EEA Countries’ Students in UK

Overseas students from a non- EEA countries’ you have to deal with the things like or biometric residence permit, restricted stamp and prohibited stamp etc.

Applicants need their BRP to confirm identity, right to study or work in the UK and right to any public services or benefits you’re entitled to. Applicants need not to apply they will get one automatically as part of your visa or immigration application.

A restricted stamp indicates that applicants can work in the country but this is limited to 10 or 20 hours per week. This depends on their level of study; they can work full-time during official vacation periods.

Employment Rights for Students Having Tier 4 Visa

Applicants in UK Tier 4 / visa can work full-time on a work placement only if their work placement is no longer than 50% of the length of their course (degree level) or the work placement is an assessed part of their course. If applicants work over 10 or 20 hours during term-time, they will be in breach of your immigration conditions.

Generally students who are on a Tier 4 / visa in the UK can expect to receive a stamp on their visa. This stamp allows work in Uk with restrictions, rather than a prohibition on work. There are a few types of stamp allowing work but with restrictions on a student visa.

– ‘ Able to work as authorized by The Secretary of State’ or
– ‘ No recourse to public funds. Work (and any other changes) must be authorized’
– ‘No recourse to public funds. Work limited to max 20 hrs per week during term time.’
– ‘No recourse to public fund. Work/ Business as in Tier 4 rules.’
– ‘Work 20 hrs max in term-time.’
-‘Work 10 hrs max in term time’

Some situations can bring a claim regardless of their length of service these are:
-If student is pregnant or because of your sex, race or disability.
– If they refused to undertake dangerous or unsafe activities which posed a threat of physical injury.
– If applicants tried to join a union.
– If students asserted their right to be paid the minimum wage or took action against their employer for a breach of employment law.

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