Using the Skilled Worker route to recruit students on visas - tips for employers | Immigration Law Blog

Home Insights Blogs Immigration Law Blog Using the Skilled Worker route to recruit students on visas - tips for employers

With lots of students finishing their exams at this time of year, we often receive queries from hiring teams, looking to understand the Student visa category and how these candidates could transition into longer-term roles.

We set out below the different stages at which a Student visa holder might be hired, and how this impacts their right to work and the future process to join the business longer-term.

While They're Still a Student

Student visa holders can often work - but not always, and not always full time. During term-time, most students on degree courses are limited to 20 hours a week. During university holidays and after their course has finished they can usually work full time. However, not every Student visa holder will have work permission. Once you carry out a right to work check, this will tell you whether your candidate can work at all, and if so, how many hours.

Other considerations:

Any work at this point needs to be in a temporary role - not a permanent position you're planning to sponsor them for.
If you want them to work full time during a holiday period or after their course has finished, you'll need written confirmation from their university of their specific term and holiday dates for their course. A generic link to university-wide term dates may not be sufficient if it doesn’t clearly set out the dates for their programme.
Work is not restricted to a particular role at this stage.

Once They've Submitted a Skilled Worker Application

If you’ll be supporting a Skilled Worker application for the candidate, to allow them to join the business longer-term beyond their Student visa expiry, they benefit from further permission to work once the Skilled Worker application is submitted (before it is decided). At the point of submission, they're allowed to start working in the sponsored Skilled Worker role, even before a decision has been made.

Other considerations:

Generally, the start date on the Certificate of Sponsorship (CoS) must be no earlier than their course completion date – and an application can only be submitted 3 months before this date*
Student visa holders may benefit from a ‘New Entrant’ salary reduction

*Students who are working on a PhD may be able to switch to Skilled Worker sooner – after studying for 24 months, rather than when they are nearing their course completion.

Once the Skilled Worker Visa is Approved

If they haven't already started work for you (under the options above), they can begin work in their sponsored Skilled Worker role as soon as the Skilled Worker visa is granted. This is the case even if it's before the start date listed on the CoS. Skilled Workers are allowed to start early if both sides are happy.

In practice, this might mean a short overlap where they're finishing off their studies and starting work at the same time. That's fine, as long as your candidate is on board.

What's the Best Approach?

It depends on when you need them:

Need them now, before any Skilled Worker application? You can employ them temporarily, but you'll be limited to a temporary role within the Student visa restrictions (20 hours in term time is most likely).
Happy to wait until they're close to finishing their course? Submit the Skilled Worker application up to 3 months before their course end date, and they can start in the role as soon as the application is in.
Want a clean, straightforward start? Time the application so that the visa is likely to be approved just before you want them to begin - giving you a tidy start date without any overlap

What if a Skilled Worker visa isn’t an option?

If the business can’t support a Skilled Worker visa application – because the business does not have a sponsor licence yet, or because the role/salary on offer are ineligible – the individual may consider whether they are eligible for a Graduate visa instead.

Similarly, if the Student doesn’t yet want to commit to a single sponsored role on a Skilled Worker visa, the flexibility of a Graduate visa may appeal. Currently a Graduate visa is granted for 2 years (or 3 years for PhD graduates). From 1 January 2027 it will be granted for 1.5 years for non-PhD graduates.

Points to note:

Time spent on a Graduate visa counts towards the 4-year maximum time that someone can benefit from the ‘New Entrant’ Skilled Worker salary reduction.
Time spent on the Graduate route does not count towards settlement (indefinite leave to remain) after 5 years so there is an incentive to apply as a Skilled Worker or switch to the Skilled Worker route as soon as possible.

If you have any queries in relation to the issues raised above or any other immigration matter, please contact a member of the immigration team.

About the author

Emma is a senior associate (FCILEx) who joined Kingsley Napley in 2012, and has worked in immigration since 2010. She has extensive experience of assisting businesses with their UK immigration matters. She has a particular focus on sponsor compliance, including providing bespoke training to clients on all aspects of their sponsor duties.

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