DIRISU, Mohammed (2020). 'Tiptoeing on eggshells...' - between the student-migrant-worker and the law. Doctoral, Sheffield Hallam University. [Thesis]
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Dirisu_2021_PhD_TiptoeingEggshellsBetween_.pdf - Accepted Version
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Dirisu_2021_PhD_TiptoeingEggshellsBetween_.pdf - Accepted Version
Available under License Creative Commons Attribution Non-commercial No Derivatives.
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Abstract
International student migration makes a significant contribution to higher education in the
United Kingdom (UK). They comprise a fifth of all students in the sector, and account for 14
per cent of universities' total income in 2017/18. Yet these students' impact on the UK is far
more profound than simply adding a revenue stream to the university sector. Their cultural,
social and economic contributions are less easy to quantify but no less important and
enriching. Three quarters of international students are from non-EU countries with China
sending the single most students to the UK. However, West Africa, and Nigeria in particular,
is responsible for 2 per cent of the overall number of international students and is positioned
joint sixth in the top ten of sending countries.
Many of these student-migrants, in supplementing their finances to fund their studies in the
UK, undertake employment. Temporary and/or part-time employment is integral to the
student-migrant experience, despite the express purpose of their admission into the UK
designated for study purposes and not work. This explicit object is reflected in restrictions
affixed to international students' employment rights whilst studying; they are generally
restricted to a maximum of 20 hours of work per week during term time and proscribed from
working full-time or as independent contractors. Given the scant regard this topic has received in the existing literature, this study offers an examination of students' lived employment experiences under these rules. There is a dearth of insight and knowledge available on students' everyday mobilities as transnational actors, and those studies which do offer some insights are inherently fragmented. This is pertinent because any bid, albeit by the
state or Higher Education Institutions, to improve the holistic experiences of international
students in the UK is best served when informed by nuanced empirical accounts of their
subjective experiences within specified contexts, including temporary employment. More so,
considering the significant economic and socio-cultural benefits of their presence, this insight
is integral to efforts towards attracting more international students to the country and
strengthening the UK's position as a prime study destination.
This study adopts a qualitative methodology through interviews and ethnographic
observations with cohorts of international student workers from sub-Saharan Africa to
present a holistic picture of the lived experiences, through employment practices, of this
group of student-migrant-workers. The study aims to offer contributions to the existing body
of literature in two principal ways. First, it accounts for the employment experiences of
student-migrants through the analytical framework of 'precarity' by examining the various manifestations of insecurity in the students' lived realities, nuanced by structures of migration
control and labour market temporalities. I discover that these students are forced to contend
with intersecting forms of insecurities in their labour market encounters. This reifies their
dependence on certain forms of employment and relationships, and renders them
increasingly susceptible to unfavourable work conditions including low pay, exploitation,
discrimination and abuse. I conclude this aspect of the study by advancing an argument that
Higher Education Institutions, as the primary sponsors of these students, must do more to
forearm them with candid insights on what to expect of the temporary employment market,
and furnish them with a comprehensive knowledge of their accruable employment rights.
For the second contribution, adopting the socio-legal schema of legal consciousness, this
study considers the student-migrants' relationship with the law by way of the legal
restrictions on their employment and interrogate their agency in their efforts to derogate from these rules. These derogations are conceptualised as 'semi-legality', an analytical construct that marks an indeterminate halfway point between utter illegality and compliance,
as it applies to labour. I find that there are two discernible plots towards enabling semi-legal
employment and evading detection thereof. The first involves the students undertaking work
with different employers simultaneously, meanwhile the second entails students contracting
for work through the use of private limited companies as a trading structure. I argue that the specifics of the student's violation of visa rules
has profound distinctive implications for their
legal consciousness disposition and more so the manner in which they simultaneously resist
and make recourse to the law and its institutions towards resolving workplace grievances.
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