Entry Clearances: Overseas Students

Home Department written question – answered at on 8 March 2010.

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Photo of Jim Cousins Jim Cousins Labour, Newcastle upon Tyne Central

To ask the Secretary of State for the Home Department who has responsibility for monitoring and enforcing the present 20 hour limit on work by overseas students; who will have the responsibility of monitoring and enforcing the 10 hours limit on work by overseas students proposed to be introduced on 3 March; and whether additional enforcement or monitoring duties will fall on the higher education institution accepting such students following implementation of the proposed changes.

Photo of Phil Woolas Phil Woolas Minister of State (the North West), Home Office, Minister of State (the North West), HM Treasury, Minister of State (the North West), Regional Affairs

It is the responsibility of all UK employers to establish that their employees have the legal right to work in the UK and to undertake the work in question before commencing that employment. The responsibility for monitoring the current 20 hour limit and the new 10 hour limit on employment therefore rests with employers who should only employ migrants who have the required permission to work, and employers should not offer employment in excess of an overseas student's permitted hours.

It is the responsibility of the UK Border Agency to enforce compliance with the immigration rules, including compliance with any restrictions on employment.

No additional enforcement or monitoring duties fall on the higher education institutions accepting such students, except in the event that they are employers of these overseas students. The new 10 hour work limit will apply to all students following courses of study below degree level, excluding those who are on foundation degree courses, as outlined in the Statement of Changes in Immigration Rules (HC367) laid before the House on 10 February 2010.

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