UK employers frequently need skilled employees in some posts, and considering the increasing number of international students coming to study in the UK, the most common question asked would be as follows: Can you sponsor an employee on a student visa? Because a student visa is actually meant for students studying in the UK, it does have some restrictions on the type of work a student can do and for how long. However, there are ways in which employers can legally employ international students, particularly through transitioning them onto a different visa category, such as a Skilled Worker visa, upon their graduation.
Understanding these limitations and possible pathways to sponsorship will help employers achieve access to the skilled workforce they need, together with keeping themselves compliant with the UK’s immigration laws.
Limitations on Employment for Student Visa Holders
The UK Student Visa allows individuals to come from overseas for studying in the UK, but it allows only limited employment. Students on this visa can work only limited hours during term time, normally 20 hours per week, and can work full-time during holidays. This, however, is intended to be incidental to their primary purpose of studying, rather than a foundation for long-term employment.
The student visa rules exist precisely to prevent the substitution of studies with work; hence, sponsoring a student for a full-time position directly from their current visa is prohibited. However, there is an avenue through which one may switch a student onto an employment-based visa for sponsoring his or her full-time employment.
Transitioning from Student Visa to Skilled Worker Visa
Most routine paths to sponsorship for long-term employment are by helping the students transition onto a Skilled Worker visa. This route makes provision for students upon completion of their studies in the UK to stay in the UK to work, under specific criteria. For an employer, this is one of the ways to recruit qualified international graduates and hold on to their talent.
To do this, the employer must have a licence to employ foreign nationals under the Skilled Worker category. If the employer does not have a licence yet, apply for a licence; guidance can be sought from , which can provide the necessary insights and steps to obtain one. It grants the employer the right to sponsor a student for a visa as a Skilled Worker, provided the sponsoring and employment criteria are met.
Skilled Worker Visa Sponsorship Requirements
The employee and the employer must satisfy certain criteria for a student to be sponsored by the employer under the Skilled Worker visa.
Sponsorship: The employer is required to have a sponsor licence. Every employer based in the UK has to obtain this licence for them to employ any international worker. In the absence of this license, the company cannot legally hire the student on a Skilled Worker visa.
Job Suitability: The offered job should meet the appropriate skill and salary level as defined by the UK government for the Skilled Worker visa. It should be at the appropriate skill level, which will be at RQF Level 3 or above, and the salary should meet the applicable threshold depending upon the occupation.
Resident Labour Market Test: Not as rigid as in earlier years, the employer will still have to show that the offer is a genuine one and the occupation is required in the UK labour market. This ensures that only necessary roles are filled with foreign talent.
Application Process and Fee: The student-now-turned-Skilled-Worker has to undergo a formal application for a visa, including relevant fees and demonstrating qualifications and suitability for the job.
Given that all these conditions are met, the student would be able to transition from his Student Visa to a Skilled Worker Visa in order to work full-time under the employer’s sponsorship.
Graduate Route as Alternative
Apart from the Skilled Worker route, the Graduate Route provides another possible route of work without immediate sponsorship for students who have just graduated from a UK institution. This scheme allows graduates to stay in the UK for up to two years and work at any level (or three years for doctoral students) with no restriction on the number of hours worked.
The Graduate Route allows employers to assess the suitability of the graduate for a permanent role before committing to sponsorship. During that period, plans can be put in place to switch the graduate to a Skilled Worker visa if the employer wishes to retain them beyond the expiry of the Graduate Route visa. It is also worth noting that the Graduate Route is not dependent upon the employer having a sponsor licence, which makes this a flexible option for the company wishing to test the viability of hiring a graduate.
How to Apply for a Sponsor Licence
Where an employer wishes to sponsor a student switching into a Skilled Worker visa, then the employer will have to obtain a sponsor licence. The application is subject to strict vetting by the Home Office, where the company would need to satisfy the Home Office of its legitimacy and its commitment to compliance with immigration rules. The requirements are as follows:
Business credibility verification: This can be done by the employer proving its valid and operational business by submitting financial records, proof of operation, and business registration, among others.
Understand compliance responsibilities: Sponsoring international workers means there are some compliance responsibilities an employer has to deal with. These might include record-keeping obligations, monitoring obligations regarding sponsored employees, and reporting obligations when specific changes in employment circumstances occur to the Home Office.
Financial Stability: The employer needs to demonstrate an ability to fund the sponsorship obligations of foreign workers.
Detailed advice on this process can be obtained by requesting a sponsor licence guidance, which can provide expert advice on ensuring a business both understands the requirements and responsibilities of being a licensed sponsor.
Responsibilities of Employers with a Sponsor Licence
Once an employer has obtained a sponsor licence, there are ongoing responsibilities to ensure the licence holder continues to comply with the UK immigration system. This includes:
Record-Keeping: An employer should keep records concerning sponsored employees, including job title and role, salary, and location of work.
Monitoring and Reporting: Sponsors are required to report any changes in the employee’s employment status, such as a change in job title, duties, or salary, to the Home Office.
Visa Compliance Audits: The Home Office can investigate an employer for their compliance with sponsorship duties. Sanctions for non-compliance include monetary penalties, suspension, or revocation of the sponsor licence.
By carrying out these duties, the employer will be allowed to retain the sponsor licence and to continue sponsoring skilled workers, which includes international students moving into work.
Benefits of Sponsoring a Student Transitioning into Employment
Employing international students and sponsoring them to work can bring huge benefits to UK employers. Students who complete their education in the UK are usually better equipped with highly relevant skills in the local market and familiar with the culture of the UK workplace. Sponsorship allows employers to tap into a pool of new talent with recent knowledge, technical skills, and international experience.
Moreover, sponsoring a student after graduation may create loyalty and reduce the rate of turnover, since the employee who was sponsored may feel a much greater commitment to the organization. Keeping skilled talent and making full use of diversity contributes to an inclusive and dynamic workplace environment.
Conclusion
Conclusion In essence, is it possible to sponsor an employee with a student visa? No, you cannot sponsor someone directly onto a student visa. However, definitely, yes, taking a student on a Skilled Worker visa is absolutely one legitimate way to hire them full-time. You can hire international graduates following their graduation, and you can even use the Graduate Route as a means of testing the waters with someone before you sponsor them.
The guidance applies to a sponsor license application for those organizations that want to sponsor graduates or understand the application process for a sponsor license. The valued resources and expert assistance at apply for a sponsor licence guidance, will help employers in their decision-making process in line with UK immigration policy.
