Further reforms to Tier 4 limits students ability to work

• will be able to work just ten hours during term time (and not 20 hours as is currently the case) if studying below a degree level or foundation degree course;
• can bring their dependants but the dependant will not be able to work if studying below a degree level or foundation degree course - they will face removal from the UK if found doing so.
• will not be able to bring in dependants at all if studying a course for less than six months; and
• must demonstrate a good standard of English (B2 on the common European Common Framework of Reference which measures qualification, or the equivalent of holding just below a GCSE in a foreign language) in order to study on an English language course or any other course below degree level.

• a ban on foreign students studying below degree level if the course includes a work placement - unless that course is being provided by a university, college or training provider which has the status of 'highly trusted sponsor';
• a requirement for students to demonstrate their English language ability by passing an approved secure test - this will apply to all students studying below (foundation) degree level, including those coming to study English language; and
• introduction of tougher criteria for defining which course providers count as 'highly trusted sponsors' of foreign students. We expect that all publicly funded universities and colleges will count as highly trusted, and we will ensure that there is a rapid but rigorous system for ensuring that private training colleges can also gain that status as soon as possible.

These changes are part of a radical overhaul of the student system that began last year, and aim to target abuse amongst adult students coming to the UK to study at a low level in the English language sector but with the primary intention of working. Since March 2009, the government has required all foreign students to be sponsored by a UKBA licensed college and to demonstrate they can support themselves once they get here before being granted a visa. Also since March, any college or university wanting to bring in international students must be accredited and licensed. This has reduced the number of institutions able to bring students to the UK from over 4,000 to approximately 2,000.

Please note that these rules will not apply to Tier 4 student visas submitted or granted before 3 March.  Also, the changes have no impact on Tier 4 students studying on foundation degree, degree level, or post-graduate courses, who continue to be able to work for 20 hours during term time and full time in term holidays.

Employers should therefore anticipate needing to make an assessment of how many hours any one Tier 4 student can legally work based on the level of his/her course in the UK.  For those studying at foundation level or above, the exisiting position of 20 hours per week will contine.  For those studying at below this level, perhaps on an English language or FE course, a 10 hours per week limit will apply.