ലണ്ടന്‍ : യുകെ ബോര്‍ഡര്‍ ഏജന്‍സിയുടെ ഏപ്രില്‍ 21ന് പുറത്തിറക്കിയ ടിയര്‍ 4 സ്റ്റുഡന്റ് വിസാ ഗൈഡന്‍സിന്റെ പാരാഗ്രാഫ് 273 മുതല്‍ 284 വരെയുള്ള ഭാഗങ്ങളില്‍ വിദ്യാര്‍ത്ഥികള്‍ക്ക് യുകെയില്‍ സ്റ്റുഡന്റ് വിസയിലുള്ള കാലത്ത് ജോലി ചെയ്യുന്നതിനുള്ള നിയന്ത്രണങ്ങളേയും അവകാശങ്ങളെയും കുറിച്ച് പറയുന്നത്. ഇതില്‍ ചില ഗൈഡന്‍സുകള്‍ സംബന്ധിച്ച് ഒരു ഇമിഗ്രേഷന്‍ സോളിസിറ്റര്‍ യുകെ ബോര്‍ഡര്‍ ഏജന്‍സിക്ക് കത്തയക്കുകയും അതിനുള്ള മറുപടി ലഭിക്കുകയും ചെയ്തു.

യുകെയിലുള്ള മലയാളികളായ വിദ്യാര്‍ത്ഥികളുടെ ഉപകാരത്തിനായി ഞങ്ങള്‍ ആ ചോദ്യങ്ങളും അവയ്ക്ക് ലഭിച്ച മറുപടിയും താഴെ പ്രസിദ്ധീകരിക്കുന്നു. ആശയ വ്യക്തതയ്ക്കായി ഈ കത്ത് ഇംഗ്ലീഷില്‍ തന്നെ പ്രസിദ്ധീകരിക്കുകയാണ്. ഇതില്‍ പറഞ്ഞിരിക്കുന്ന കാര്യങ്ങളെക്കുറിച്ച് കൂടുതലായി അറിയണമെങ്കില്‍ ഞങ്ങളുടെ ഇമിഗ്രേഷന്‍ പംക്തി കൈകാര്യം ചെയ്യുന്ന സോളിസിറ്റര്‍ പോള്‍ ജോണിനെ താഴെ പറയുന്ന ഇമെയില്‍ അഡ്രസില്‍ ബന്ധപ്പെടാവുന്നതാണ്. info@pauljohnandco.co.uk

Tier 4 (General) Students studying at degree-level and above

The current Tier 4 guidance sets out at paragraph 273 the restrictions on working for Tier 4 (General) students studying at degree-level or above. Paragraph 275 then sets out various further restrictions including, e.g. that students “must not fill a full-time permanent vacancy”. Paragraph 279 then states that “If a student, having completed his/her course, makes an application for leave under the Points Based System before his/her existing leave expires, he/she will be permitted to work full-time, within the limits described above, until his/her application is decided.”

Please confirm:

Question 1. In the period after the course has concluded but before the degree has been awarded, a student would not be able to apply for leave to remain as e.g. a Tier 1 (PSW) Migrant. Is a student with extant Tier 4 (General) Leave entitled to work in accordance with the conditions set out in your guidance during this period, even though they would not yet have submitted an application for leave under the PBS?

Answer: Students can work full-time during vacation as long as he is fulfilling the condition in paragraph 275. The period after a student's course has finished is considered to be 'vacation period', regardless of whether they have submitted a fresh application.


Question 2. In the period after the course has finished and before the application for leave under the PBS has been submitted (e.g. for Tier 1 (PSW) or Tier 2 (General) leave) can a student with extant Tier 4 (General) Leave work full-time even if this goes into normal university term-time, or is the student still only permitted to work full-time during non-term time and 20 hours per week during term-time (even if 'term time and 'non-term-time' is no longer relevant for individuals who have completed their courses)? Is your reply the same in respect of work undertaken after the PBS application has been submitted?

Answer: What is and isn'tterm-time is set by a student's sponsor.It would beextremely unusual for a sponsor toconsider a student to be anything other than out of term-time once their course iscompleted, but it is the sponsor that defines this for each student.

Question 3. Would a student be permitted to take a role which is for a fixed-term and therefore not permanent (e.g. a fixed-term research position) during the periods under point 2 above, even if it is similar in nature to the type of work which they would be carrying out after the Tier 1 (PSW) or Tier 2 (General) leave been approved? Please note that the work to be carried out after the Tier 1 (PSW) or Tier 2 (General) has been approved would also be fixed term in nature and therefore not permanent (e.g. a fixed-term research position).

Answer: This would entirelydepend on thenature of the employment in question, and we obviously couldn't comment on specific cases. However, it is not the contract that is relevant in such circumstances, it is the job role itself. If the post/job itself is only of a short-term nature then such employment is likely to be acceptable. However, if the job role itself is a permanent role, an employer cannot fill it with a student by offering them a short-term/temporary contract.

Students with leave to enter or remain under the pre-PBS rules

The conditions by which students with leave to enter or remain under the old student rules are contained within chapter 3, section 3 of the IDIs. At paragraph 18.1 the IDI states “Students should not work for more than 20 hours a week during term time ... They may work full time during their vacation period and during the additional period of 2 to 4 months following completion of their studies ... A student is not permitted to pursue a career by filling a permanent full-time vacancy.”

Please confirm:

Question 4. Can students with leave under the old student rules, who have completed their studies and extant student leave, work full-time for 4 months even if this goes into normal term-time?

Answer: Ifthe student has completed all of their studies then they canwork full time until their leave expires, provided the work is not of a type prohibited by the IDI. They do not necessarilyhave to stop working exactly 4 months after their course has finished, since in a lot of cases they would have been granted slightly more than 4 months beyond the end of the course (due to our former practice of rounding up leave to the end of the month - e.g. course finishes 15 June, leave granted to 31 October). If applicable, they can continue to work beyond this if their leave is extended by s.3C of the '71 Act (e.g. if they are awaiting the outcome of an in-time application to switch into another category).

Of course, if the individual decided they wanted to do another course then they would have to comply with the term-time restrictions for as long as they have student leave. But if they're not planning further studies then the notion of 'term time' ceases to be relevant.

The above describes the position for 'run-of-the-mill' cases. If advice is required on students who complete their courses earlier than anticipated or who abandon their studies prematurely, then let me know.


Question 5. Would students with leave under the old student rules be permitted to take a role as described at point 3 above?

See commentsat #3 above - the same principles would apply to pre- Tier 4 students.