Overseas-Trained Teachers
Background
1. An overseas-trained teacher (OTT) is a person who qualified as a
teacher in a country outside of the European Economic Area (EEA) and
Switzerland. They must have successfully completed a course of initial
teacher training which is recognised by the relevant authorities in their home
countries. The Education (Specified Work and Registration) (England)
Regulations 2003 (SI 2003/1663) and the Education (Specified Work and
Registration) (England) (Amendment) Regulations 2007 (SI2007/2117) set out the
conditions under which overseas trained teachers are allowed to carry out
specified work (i.e. teach) in state maintained and non-maintained special
schools in England. There are new Home Office rules starting on 27 November
2008, see paragraph 8 below and the web link given.
The four-year rule
2. OTTs are allowed to teach in state maintained schools and non-maintained special schools in England as unqualified teachers for four calendar years. They are not permitted to teach in Pupil Referral Units unless they have been awarded qualified teacher status (QTS). The four-year period an OTT is allowed to work as an unqualified teacher begins on the first day the OTT taught in a state maintained school or a non-maintained special school in England and expires exactly four years later regardless of whether the OTT has taught throughout the four year period.
For example, if a teacher first teaches on 10 September 2005, they are allowed to teach without QTS until 9 September 2009. The expiry date remains 9 September 2009 even if the teacher did not teach for the whole period between 10 September 2005 and 9 September 2009 unless one of the extensions in paragraph 6 below apply.
Teachers who qualified in countries outside of the EEA and Switzerland are still subject to the four-year rule even if they do not require Home Office permission to work or remain in the UK.
Advice for OTTs
3. It is essential that schools, local authorities and employment agencies make OTTs aware on their appointment that there is a legal limit on the length of time they are allowed to teach without QTS. It is strongly recommended that the following action is undertaken by OTTs either before or shortly after arrival in the UK:
(a) they arrange a check with UK NARIC (0870 330 7033) to establish whether their home qualifications are equivalent to a UK first degree and also to a GCSE grade 'C' in maths and English (and science if the person is a primary teacher). It is important these checks are carried out at an early stage as some teachers may need to top up their qualifications before they can undertake QTS training and extra time is not available for this purpose.
(b) arrange to undertake an employment-based training course leading to QTS by contacting the Training and Development Agency for Schools' Overseas Trained Teacher helpline on 0845 6000 991.
4. The Department has produced a publication 'Overseas Trained Teachers — what you need to know' which can be obtained from DCSF publications on 0845 6022260 (quote the reference 00898-2007LEF-EN) or download it here. It would be helpful if the leaflet is issued to OTTs when they take up post.
The position of OTTs after four years
5. In order to teach after four years, OTTs must have been awarded Qualified Teacher Status (QTS) by the General Teaching Council in England. OTTs who have been awarded QTS by the end of their four year period become qualified teachers and are allowed to continue teaching subject to UK Border Agency permission if required under the terms of their UK entry.
6. It is unlawful for OTTs to continue teaching in state maintained schools and non-maintained special schools in England beyond four years if they have not been awarded QTS. (The temporary arrangement which allowed OTTs without QTS to teach after four years providing they were undertaking an employment based training programme ended on 31 August 2008. The policy has been restored to its original and intended position). OTTs without QTS may only teach after four years if:
(i) they have taken statutory maternity, paternity, adoption or parental leave or pregnancy related absences during the four-year period. In such cases, the OTT is eligible for extra time equal to the amount of statutory maternity, parental, adoption or parental leave taken under the Employment Rights Act 1996.
For example, if a teacher has taken 34 weeks statutory maternity leave during her four-year period, she is allowed an extra 34 weeks to obtain QTS.
(ii) they are employed as an Instructor who fills a teaching post but only when a school is unable to recruit a suitable qualified or trainee teacher. The requirement is that an Instructor has skills, qualifications and experience relevant to the teaching post in question. The instructor appointment should only be made when a school cannot recruit a qualified or trainee teacher. It is temporary until the post can be filled.
7. If there is no resident qualified teacher or instructor and providing the overseas person has scored enough points under the new points based system, a certificate of sponsorship may be issued for an instructor for one year initially. Future applications to extend the certificate of sponsorship will also be subject to the above advertising requirements.
Important new UK Border Agency requirements
8. Two important Home Office announcements will impact upon schools and local authorities who use teachers from outside of the EEA and Switzerland.
(i) The closure of the current work permit scheme on 26 November 2008. From 27 November 2008, schools and local authorities must apply to bring non EEA/Swiss teachers to the UK under Tier 2 of the new points-based system based on sponsorship. Applications to renew existing permissions to work in the UK must also be made under the points-based system from 27 November 2008 onwards; and
(ii) From 27 November 2008, with the exception of secondary maths and science posts, schools and local authorities must first conduct a resident labour market test to show the post cannot be filled by resident teachers before issuing the necessary certificate of sponsorship for a teacher to apply for entry clearance to the UK.
You will find more information here.
Last updated: 01 July 2009
