Education Sector Immigration and Employment Lawyers
Education providers depend on skilled staff, effective safeguarding systems and careful regulatory compliance. Problems involving international recruitment, sponsor duties, staff conduct or employment disputes can affect pupils, institutional reputation and the continuity of education.
Templeton provides business immigration and employment law advice to the eductation sector including: schools, academies, multi-academy trusts, colleges, universities, nurseries, training providers and education recruitment businesses.
We help education providers recruit international staff and students, protect their sponsor licences and manage sensitive workforce issues lawfully.
Legal support for education providers
Education employers manage a varied workforce that may include teachers, lecturers, teaching assistants, administrators, researchers, supply staff, agency workers and contractors.
Some education providers also hold both a Worker sponsor licence and a Student sponsor licence. These are separate sponsorship systems with different duties, record-keeping requirements and compliance risks.
A Worker sponsor licence may allow an eligible organisation to sponsor overseas teachers, lecturers, senior education professionals and certain specialist staff. The role must be genuine, match the correct occupation code and satisfy the applicable salary requirements.
A Student sponsor licence allows an eligible education provider to sponsor international students under the Student or Child Student routes. The provider must monitor enrolment, attendance and academic engagement and report specified changes to the Home Office.
Education employers must also manage safeguarding, safer recruitment, right-to-work checks, staff performance, sickness absence, discrimination, whistleblowing and restructuring. We provide practical advice that considers both employment rights and the organisation’s responsibilities towards pupils and students in the education sector.
Factsheet
Almost one million people work in state-funded schools
Approximately 984,600 full-time equivalent staff worked in state-funded schools in England in November 2025. This included around 466,400 teachers and 518,200 support staff.
More than 38,000 teachers left the sector
Approximately 38,600 full-time equivalent teachers left state-funded schools during 2024/25, representing 8.5% of qualified teachers. Around 41,000 teachers entered the sector during the following reporting period. Recruitment and retention therefore remain important workforce issues.
Schools reported 1,600 teacher vacancies
Teacher vacancies fell to approximately 1,600 in November 2025, compared with 2,200 in November 2024. However, schools also reported around 20,500 occasional teachers and 52,200 third-party support staff on census day, demonstrating the sector’s continuing reliance on temporary and external workers.
Schools spend approximately £1.4 billion on agency supply staff
Schools in England spend around £1.4 billion each year on agency supply staff. The use of recruitment agencies and temporary workers can create legal issues involving employment status, safeguarding, transfer fees, pay and the Agency Workers Regulations.
Many teaching roles are eligible for Skilled Worker sponsorship
Eligible occupations in the education sector include further education lecturers, secondary teachers, primary teachers, nursery teachers, special educational needs teachers and headteachers or principals. The employer must hold a sponsor licence and the position must meet the Immigration Rules.
Teachers have specific Skilled Worker salary rules
Teachers are exempt from the general Skilled Worker minimum salary threshold applying to most occupations. They must instead be paid at least the relevant minimum rate for teachers in England or the applicable immigration salary requirement, whichever is higher. Part-time salaries must be calculated correctly.
Overseas recruitment requires additional safeguarding checks
Teachers recruited from overseas must undergo the same safeguarding checks as other school staff, together with appropriate additional checks relating to their overseas residence, employment and training. Schools should assess and record the evidence relied upon when deciding whether an applicant is suitable.
Safeguarding guidance is changing in September 2026
Schools and colleges must continue to apply Keeping Children Safe in Education 2025 until 31 August 2026. The 2026 guidance comes into force on 1 September 2026 and sets the safeguarding and safer-recruitment standards that education providers must follow.
Student sponsors have ongoing monitoring duties
Education providers sponsoring international students must comply with duties concerning enrolment, attendance, academic engagement, record-keeping and Home Office reporting. Serious or repeated non-compliance can place the Student sponsor licence at risk.
Illegal-working penalties can reach £60,000 per worker
An employer that has not established a statutory excuse may face a civil penalty of up to £45,000 for a first breach and £60,000 per worker for a repeat breach. Right-to-work checks must be completed before employment begins and repeated where permission is time limited.
Managing sponsorship, safeguarding and workforce risk
International recruitment in education requires careful coordination. An employer may need to consider immigration sponsorship, teaching qualifications, professional recognition, references, criminal-record evidence and overseas safeguarding checks before the employee begins work.
The sponsor must also select the correct occupation code and ensure that the job description reflects the employee’s genuine duties. Changes to salary, hours, work location, duties or employment status may need to be reported to the Home Office.
Student sponsorship creates separate responsibilities. Schools, colleges and universities must only assign Confirmation of Acceptance for Studies records to genuine students and must maintain systems for monitoring registration, attendance and course participation. Changes such as withdrawal, non-attendance or early completion may require reporting.
Right-to-work checks remain necessary even where an employee is already known to the institution. Education providers employing international students must also check any restrictions on working hours and retain evidence of the student’s academic term and vacation dates.
Safeguarding concerns involving employees must be handled promptly but fairly. An allegation may require an internal investigation, referral to the local authority designated officer, suspension or contact with the Disclosure and Barring Service. The employer must balance safeguarding responsibilities with confidentiality, due process and the employee’s contractual rights.
Education providers must also manage employment matters involving fixed-term contracts, term-time working, holiday pay, capability procedures, sickness absence, reasonable adjustments, grievances and discrimination. Supply teachers and other agency workers may acquire equal-treatment rights after completing the relevant qualifying period in the same role.
Changes to academy structures, service contracts, catering, cleaning, transport or administrative services may also create redundancy, collective consultation or TUPE obligations. Where affected staff are sponsored, the immigration consequences must be considered alongside the employment process.
How We Can Help
Worker sponsor licence applications
We prepare and manage sponsor licence applications for schools, colleges, universities, nurseries and training organisations. We advise on eligibility, supporting evidence, key personnel and HR systems.
Skilled Worker sponsorship
We assist with sponsorship of eligible teachers, lecturers, researchers, senior education professionals and specialist staff. We advise on occupation codes, salary requirements and Certificates of Sponsorship.
Overseas teacher recruitment
We advise on immigration permission, salary requirements, part-time roles, professional qualifications, overseas references and safeguarding checks.
Student sponsor licences
We advise education providers applying for a Student sponsor licence and help establish systems for admissions, attendance monitoring, engagement and reporting.
Student sponsor compliance
We conduct compliance audits, review student files and advise on Confirmation of Acceptance for Studies assignments, withdrawals, non-enrolment and reportable changes.
Sponsor licence suspensions and revocations
Where a Worker or Student sponsor licence is threatened, suspended or revoked, we provide urgent strategic advice and prepare detailed representations.
Right-to-work compliance
We review right-to-work procedures and advise on online checks, follow-up checks, student working restrictions and Employer Checking Service applications.
Safer recruitment and safeguarding
We advise on recruitment procedures, overseas checks, DBS requirements, single central records and the employment implications of safeguarding concerns.
Employment contracts and policies
We prepare contracts and policies for teaching staff, support staff, senior leaders, fixed-term employees, term-time workers and casual staff.
Employment Tribunal representation
We represent education employers and professionals in claims involving unfair dismissal, discrimination, whistleblowing, wages, holiday pay and contractual disputes.
Ongoing legal support
We provide retained immigration and employment law support to education providers requiring regular advice, compliance reviews and staff training.
Strategic legal advice for the education sector
Whether you are recruiting an overseas teacher, sponsoring international students or managing a sensitive employment issue, Templeton provides clear and practical legal advice.
We help education providers maintain compliant sponsorship systems, protect pupils and students and manage their workforce with confidence.
