Skilled Workers and employers in the UK must understand which absences are authorised and which if any, should be reported to the Home Office to maintain the workers visa status.
As a skilled worker, if you have been absent from work for more than 4 weeks, your employer has an obligation to stop sponsoring you. This means your employer will need to make a report to the Home Office that they have stopped sponsoring you and your visa will in turn be cancelled. There are however certain permissible absences you can take from work without jeopardising your visa status. These include statutory leave such as maternity, paternity, adoption, and parental leave. Additionally, sick leave, if properly reported to your employer, falls under authorised absences. Employers are required to treat you like any other employee, ensuring that your rights are protected during such periods.
Absences for more than four weeks due to the worker assisting with national or international humanitarian or environmental crises are also permissible, provided your employer consents to the leave and reports the reason for absence to the Home Office. Similarly, participating in legally organised industrial actions is considered a permissible reason for absence, which means your sponsor does not have to stop sponsoring you but will still need to report this to the Home Office. At this point, the Home Office will consider the reason for absence and may or may not accept the reasons.
Employers also have an obligation to report specific absences to the Home Office via the sponsor management system. These include absence on the first day of employment or absence without permission for more than ten consecutive days. Unpaid leave exceeding four weeks in a calendar year, except in the cases mentioned above, must also be reported.
Accurate recording of all absences is vital, as cumulative days off can quickly add up to the four-week threshold, triggering a mandatory report to the UKVI.
While statutory sick pay may reduce your earnings below the minimum salary requirement for your Skilled Worker Visa, this does not affect your visa status but must still be reported to the Home Office. It is important that your absences are authorised and properly communicated to your employer to avoid any complications with your sponsorship.
Understanding the nuances of absences under sponsorship helps ensure that your time off work does not impact your visa status, allowing you to focus on your health and personal commitments without undue stress.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.