1. Introduction to the UK Student Visa
The Student visa route is for applicants who are 16 or over and wish to study on a further or higher education course in the UK. Applicants who are between 4 and 17 years old and looking to study at an independent school in the UK can have a look at the Child Student visa. In this article, we will explore the conditions that are attached to a UK Student visa.
For further guidance relating to the UK Student visa, have a look at our recent posts: A Guide to Working in the UK on a Student Visa and What is a 'Genuine Student'?: A Guide for UK Student Visa Applicants.
2. No Access to Public Funds on a UK Student Visa
If you are granted a student visa, you will not be allowed access to public funds. The public funds restriction for students means that you will not be able to claim most benefits, tax credits or housing assistance that are paid by the state, but there are exceptions. Paragraph 6 of the Immigration Rules sets out the full definition of public funds, including attendance allowance and Universal Credit.
3. Student Visa Working Hours
As a Student visa holder, you can work 20 hours a week during term-time (full-time during vacations) if you are undertaking a full-time course at degree level or above and you are studying at a higher education provider with a track record of compliance or taking a short-term study-abroad programme in the UK with an overseas higher education institution. You will be permitted to work 10 hours per week during term-time (and full-time during vacations) if your full-time course is below degree level and your study takes place at a higher education provider with a track record of compliance.
No work will be allowed if your course is part-time at post-degree level and your study is at a higher education provider with a track record of compliance.
4. Prohibited Work and Exceptions for UK Student Visa Holders
Appendix Student sets out that a student is not allowed to carry out a number of activities:
- No work as a professional sportsperson: You can take part in amateur sports. Amateur is defined in the Immigration Rules as "a person who engages in a sport or creative activity solely for personal enjoyment and who is not seeking to derive a living from the activity". You are also not allowed to work as a sports coach.
- No self-employment or engaging in business activity: The exception is if you have applied for permission on the Innovator Founder visa route, have received an endorsement from an Innovator Founder endorsing body, the application was made when you had permission as a student and you are still waiting for a decision or if the application was refused, the Administrative Review has not been determined.
An example of engaging in business activity given by the Home Office guidance is "setting up a business as a sole trader or under a partnership arrangement and that business is either trading or establishing a trading presence".
- No work as an entertainer.
- Work Placements: Placements are permitted if certain requirements are met, for example, the work is assessed as an integral part of the course.
- Employment: Employment as an elected Student Union Sabbatical Officer or elected National Union of Students position is permitted for up to 2 years if the CAS was assigned for this purpose.
- Volunteering: The Home Office guidance sets out that "A Student can do voluntary work if they are permitted to work, but this work and any paid work must not exceed the total number of hours they are permitted to work during term time". It is also noted that "If they are not permitted to work, they cannot do voluntary work".
It is important to know the conditions of your UK Student visa so as not to breach the conditions. You may wish to speak to a legal representative to understand what you are allowed to do and what is prohibited.
5. Eligibility to Take a Full-Time Job While Studying
An applicant is not allowed tofill a full-time permanent vacancy unless the applicant is studying a full-time course at degree level or above with a higher education provider with a track record of compliance. They also must have made a valid application under the Skilled Worker or Graduate route while holding permission as a Student and no decision has been made on the application or in the event of a refusal, waiting for the Administrative Review to be determined.
If all the criteria are met, an applicant applying for a Skilled Worker visa may start a full-time permanent vacancy up to 3 months before the course is completed or start the role once their course is successfully completed if they are applying for a Graduate visa.
6. Study Conditions Under Paragraph 27.1 of the Immigration Rules
Paragraph 27.1 of the Immigration Rules states that:
"A Student must only study with the student sponsor which assigned the Confirmation of Acceptance for Studies unless either:
- the Student is studying at a partner institution of their student sponsor; or
- the Student has made an application for permission
to stay while they have permission as a Student:
- which is supported by a valid Confirmation of Acceptance for Studies assigned by a student sponsor; and
- the application has not yet been decided, or any Administrative Review against that decision has not been determined; and
- the Student will be studying at the student sponsor that assigned the Confirmation of Acceptance for Studies".
7. Starting a New Course with Your Current Sponsor
Further, the Immigration Rules also set out that a student must only study on the course of study, or courses where a combined pre-sessional course is being taken for which the CAS was assigned unless the following applies:
"A Student may begin studying on a new course with their current sponsor if:
- the student sponsor is a higher education provider with a track record of compliance; and
- the Student has not completed the course that the Confirmation of Acceptance for Studies was assigned for; and
- the new course is not at a lower qualification level than the course the Confirmation of Acceptance for Studies was assigned for unless they were last granted permission to study an integrated master's or PhD programme and will now be studying on the lower level qualification of that programme; and
- the course is at degree level or above; and
- any new course at degree level can be completed within the current period of permission; and
- the student sponsor confirms that the new course is related to the course for which the Confirmation of Acceptance for Studies was assigned or supports the Student's genuine career aspirations".
It is important to ensure that you understand the study conditions attached to your visa.
8. Supplementary Study, Study Abroad, and ATAS Requirements
A student may undertake a study abroad programme overseas if it is an integral and assessed part of the course of study named on the CAS.
Students in the UK with a Student visa are also permitted to do supplementary study.
You must check whether your study is subject to the ATAS condition in Appendix ATAS and if the subject is listed in Appendix ATAS, a clearance certificate may need to be obtained.
Another study condition attached to the student visa is that the study must not take place at a State School or Academy (except for a voluntary grammar school with boarding in Northern Ireland) unless an exception applies.
9. Contact Our Immigration Barristers
For expert advice and guidance with a UK Student visa application, including advice on Student visa eligibility and visa regulations for Students, contact our immigration barristers in London on 0203 617 9173 or complete our enquiry form below.
10. Frequently Asked Questions
Who can apply for a UK Student visa?
Applicants aged 16 or over who wish to study on a further or higher education course in the UK can apply. Children aged 4–17 studying at an independent school should consider the Child Student visa.
Can I work while on a Student visa, and what are the restrictions?
Yes, but work rights depend on your course and level. For standard study, degree-level or above: up to 20 hours/week during term-time, full-time during vacations; below degree level: up to 10 hours/week during term-time, full-time during vacations. Part-time post-degree courses do not allow work.
Full-time permanent employment is only allowed under strict conditions: you must be studying a full-time degree-level course, have applied for a Skilled Worker or Graduate visa, and either wait for a decision or an Administrative Review if refused. Full-time work may start up to 3 months before course completion or after completing your course.
What work is prohibited for Student visa holders?
Students cannot work as professional sportspersons, entertainers, or in self-employment/business activities unless an exception applies. Employment in certain roles, voluntary work, and approved work placements are permitted under specific conditions.
Can I change my course or study at a different sponsor?
You may start a new course with your current sponsor if the provider has a track record of compliance, the new course is at the same or higher level, and it aligns with your original course or career goals. Approval under Paragraph 27.1 of the Immigration Rules is required.
Are there any restrictions for study abroad or supplementary study?
Yes. Study abroad is permitted if it is an integral and assessed part of your course. Supplementary study in the UK is allowed, but it must comply with Student visa conditions and CAS requirements.
Do I need ATAS clearance for my course?
Certain subjects require ATAS clearance. Check Appendix ATAS to see if your course is listed. If so, a clearance certificate must be obtained before starting your studies.
Can I access public funds while on a Student visa?
No. Student visa holders are not allowed access to public funds, including most benefits, tax credits, and housing assistance. Exceptions are extremely limited and defined in Paragraph 6 of the Immigration Rules.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
