Employment advice for International Students and Graduates

If you are an international student or graduate that has come to the UK to study you may be interested in remaining in the country after you graduate to work. The following information is intended as a guide only, and should not be seen as official guidance. Please check with the Home Office for specific advice.

****News update: New international graduate's scheme announced ****

A new scheme which will enable international students to stay on in the UK for a year to work after they have completed their studies has been announced by the government.

To be introduced on 1 May 2007, the scheme replaces the Science and Engineering Graduates Scheme (SEGS), established in 2004 to encourage international students who had graduated in certain scientific disciplines to stay in the UK to work.

Under the new scheme, international students who have obtained a bachelors degree or higher level qualification in any subject from a university or college in the UK will be able to stay on for a year, and unlike SEGS which applied only to those with a 2:2 or above, any degree class (except fail) will be eligible.

Applicants will have to apply within one year of successfully completing their qualification. Those with post-graduate certificates and diplomas, such as a Post Graduate Certificate in Education (PGCE) will also be eligible to apply.

For more information, see DfES press release (28 March 2007) at:http://www.dfes.gov.uk/pns/DisplayPN.cgi?pn_id=2007_0057

National Insurance Numbers

If you do not have a permanent national insurance number you can be employed, but you would need to apply for one as soon as possible after employment commences. The benefits office may require proof of employment, such as a letter of confirmation on company letterhead, or a contract of employment. The local Benefits Office in Southampton is St. Cross House, 18 Bernard Street, Southampton SO14 3PJ. Their phone number is 023 8071 3600. There is a national insurance helpline - call 0845 302 1487 for general queries.

EU Students

Students from the old EU countries (those in the EU prior to 1/5/04) have the same rights to work as UK students with no restriction on working hours. Students from eight of the ten countries who entered the EU on 1 May 2004 have to register in the Workers Registration Scheme operated by the Home Office after starting employment. Different rules apply to Bulgarian and Romanian nationals. Please visit www.workingintheuk.gov.uk | for details of regulations.

Other International Students

Passports/visas will have work restrictions listed. If they are permitted to work, most are limited to 20 hours work per week during term time, with no restrictions during vacation times.

Your employer will do document checks |for all employees.

Restrictions on Romanian and Bulgarian Nationals

Romanian or Bulgarian nationals currently in the UK with immigration permission as a student can work up to 20 hours a week during term time, and unlimited hours during holidays. The UK Government has decided that students must apply for a registration certificate if they want to continue or start working from 1 January 2007. Permission to work will be limited to 20 hours a week, both during the term and in the holidays.

Information from the Home Office:

If you are a student in the United Kingdom, you may engage in employment for up to 20 hours a week without obtaining an accession worker card. However, if you wish to work, you must first obtain a registration certificate confirming that you are exercising a Treaty right as a student. This will provide authority for you to work up to 20 hours per week. You will be required to demonstrate that you are enrolled at a genuine educational institution. If you are a student and wish to work for more than 20 hours a week, you will need to obtain an accession worker card for this purpose. If you wish to exercise your treaty right as a student and do not intend to work you are not required to register.

Students should request a Form BR1 for a registration certificate from the Home Office:

Telephone: 08705 210224 (between 9.00am and 5.00pm, Monday to Friday)

Or visit: www.ind.homeoffice.gov.uk | or www.workingintheuk.gov.uk |

Further information on the registration certificate and the accession worker card is at: http://www.ind.homeoffice.gov.uk/6353/11406/49552/guidancefornationalofbulgar1.pdf |

Employers should be aware that it will be difficult for students to work more than 20 hours during vacations as the types of employment they can undertake is restricted.

Students on Placements

The restriction on Bulgarian and Romanian students' working to 20 hours a week raises the issue of whether undertaking courses with work placements would be a problem for these students. UKCOSA raised this with the Home Office and has had the following response from Suzanne Barnes of the Student and Visitor Task Force:

"Just to confirm the regulations are about controlling the amount of work carried out by students outside their course - a course which involves a work placement where the work contributes to the course is not covered by this restriction so the student will be fine."

The legal basis for the Home Office response appears to be the definition of 'student' in Article 7 (1)c) of the 'Citizenship Directive' (Directive 2004/38/EC), which includes those enrolled on vocational training as students. It is always advisable to check with the Home Office with regards to specific circumstances.

Restrictions on Romanian and Bulgarian nationals

Information from the Home Office:

Students should request a Form BR1 for a registration certificate from the Home Office:

Telephone: 08705 210224 (between 9.00am and 5.00pm, Monday to Friday)

Or visit: www.ind.homeoffice.gov.uk | or www.workingintheuk.gov.uk |

Further information on the registration certificate and the accession worker card is at: http://www.ind.homeoffice.gov.uk/6353/11406/49552/guidancefornationalofbulgar1.pdf |

Employers should be aware that it will be difficult for students to work more than 20 hours during vacations as the types of employment they can undertake is restricted.

Students on Placements

The legal basis for the Home Office response appears to be the definition of 'student' in Article 7 (1)(c) of the 'Citizenship Directive' (Directive 2004/38/EC), which includes those enrolled on vocational

It is always advisable to check with the Home Office with regards to specific circumstances.

Workers Registration Scheme

From 1 May 2004, most nationals of the new member states (Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia) working in the UK will be subject to the Accession State Worker Registration Scheme.

Persons subject to the scheme will need to register if they plan to work for more than one month for an employer in the UK. Nationals of Cyprus and Malta are not required to register for this scheme.

Workers from Romania and Bulgaria are subject to different regulations.

For further information on the Worker Registration Scheme and an application form, visit the website: http://www.workingintheuk.gov.uk |

Further information for employers regarding international students:

http://www.solent.ac.uk/careers/employers/employing_international_students/international_students_home.aspx

Restrictions on Romanian and Bulgarian Nationals and Students on Placements:

http://www.solent.ac.uk/careers/employers/employing_international_students/romanian_bulgarian.aspx

Workers Registration Scheme:

http://www.solent.ac.uk/careers/employers/employing_international_students/workers_registration.aspx

Working in the UK:

www.workingintheuk.gov.uk

UKCOSA

www.ukcosa.org.uk