Visas for Modern Foreign Language Assistants - Are They Eligible?

There can be little doubt that modern foreign language departments in schools benefit hugely from native speakers enhancing the curriculum and supporting teachers and pupils in their language lessons. However, since free movement ended on 31 December 2020, it has become much harder for native French, German, Spanish and Italian speakers to come to the UK to work. There will be citizens of those countries who also hold British or Irish citizenship, or have been granted status that allows them to live and work in the UK under the EU Settlement Scheme, but in most cases schools will need to think about whether a language assistant they wish to engage is eligible for a UK visa.

Broadly speaking, there are two options.

1. Sponsoring Language Assistants Under the Skilled Worker Route

The Skilled Worker route is the main immigration category for employers wanting to sponsor skilled foreign-national workers to take up jobs in the UK. The route was introduced in December 2020 replacing the old Tier 2 (General) category, one of the main changes being that the Tier 2 skill level requirement was reduced from RQF level 6 to RQF level 3. As a result, teaching assistants, educational support assistants and language assistants all now fall within occupation codes that qualify for sponsorship under the Skilled Worker route.

However, there is a catch. To sponsor a Language Assistant in the UK under the Skilled Worker route there are various requirements including a minimum salary threshold. In most cases applicants must be paid at least £25,600 per year or the 'going rate' for the chosen occupation code, whichever is higher. That minimum salary threshold can be reduced in certain circumstances, most commonly because the prospective employee can be classified as a 'new entrant' (eg they are under the age of 26) or the role falls within the shortage occupation list. In those cases the minimum salary requirement for those roles would be £20,480 per year.

That minimum salary threshold cannot be pro-rated for part-time Language Assistants so, despite that reduction, many schools we speak to still struggle to meet that reduced salary threshold given the working patterns of their Language Assistants. Schools sponsoring Language Assistants on a full-time basis may well look to the Skilled Worker route, although the visa application fees and Immigration Skills Charge may also be prohibitive.

2. Alternative Immigration Options for Recruiting Language Assistants

A solution may be found within the Temporary Work - Government Authorised Exchange route. This route is for individuals who want to come to the UK on approved work experience, training and research programmes for a period of no more than 12 or 24 months, depending on the scheme.

The route is based on an overarching body registering a carefully defined scheme with the Home Office to act as the sponsor. There are over 50 schemes in total, most aimed at offering work experience to foreign nationals opportunities in certain sectors. Employers and other organisations who want to offer work experience to a foreign-national sponsored under a scheme need to engage with the relevant overarching body and comply with the terms and conditions they have put in place for operating the scheme.

The British Council operates several schemes, one of which, the Foreign Language Assistants Programme, is targeted at schools, colleges and universities who wish to engage Modern Language Assistants in their classrooms.

The scheme operates on an annual basis with applications for the 2022/23 academic year open between 9 February and 2 May 2022. The costs to for participating schools are the Language Assistant's salary and, where they are coming to the UK for more than six months, reimbursement of their Immigration Health Surcharge (£624).

Salaries are based on where the Language Assistant will be working. A Language Assistant working in the Inner London area must be paid a gross monthly salary of £1,150.39 for a standard 12 hours per week, with any additional hours paid at £17.34 per hour; for Language Assistants working outside London, the rates are £914.05 gross per month, with any additional hours paid at £13.77 per hour. As with the national teacher pay scales, there are different rates for Outer London and the London Fringe.

The major drawback to this Scheme is that schools, college and universities are not able to choose the Language Assistants themselves but instead the British Council select the Language Assistants and place them with appropriate schools, colleges and universities. The British Council will take into account any details or specific requests schools list in their application as well as the candidate’s qualifications and preferences.

Schools considering sponsoring Language Assistants under the Skilled Worker category should ensure they are able to comply with their sponsorship duties so as not to jeopardise the status of anyone else sponsored under their licence. The British Council's Language Assistant programme offers an alternative to Skilled Worker sponsorship, but there are other Government Authorised Exchange programmes which may be suitable, or the individual may hold or be eligible for another type of visa that allows them to take up the role. Our specialist Immigration team have lots of experience advising schools on their options.

For specialist legal advice on recruiting foreign national Language Assistants, please contact Talitha Degwa in our Immigration team on 07384813082, or complete the form below.