Pregnancy on a Skilled Worker Visa: Understanding Your Rights and ILR Path

For many individuals building their lives in the UK on a Skilled Worker visa, the news of a pregnancy is a joyous occasion. However, it can also bring questions and concerns, particularly regarding employment rights and the long-term impact on their Indefinite Leave to Remain (ILR) path.

At Visa Solutions – UK Immigration Lawyers, we understand these anxieties. We regularly receive queries from individuals navigating this crucial life event while maintaining their immigration status. This blog post aims to clarify common concerns and provide helpful information for those in a similar situation.

Understanding Your Maternity Rights in the UK

If you are on a Skilled Worker visa, the good news is that you generally have the same maternity leave and pay entitlements as permanent residents in the UK. This is a fundamental principle of UK employment law.

Here’s what you should know:

• Statutory Maternity Leave (SML): You are typically entitled to up to 52 weeks of maternity leave. This is a legal right, and your employer cannot refuse it if you are an employee and provide proper notice.

• Statutory Maternity Pay (SMP): Eligible employees can receive SMP for up to 39 weeks.

  • For the first 6 weeks: 90% of your average weekly earnings (before tax).

  • For the remaining 33 weeks: A statutory weekly rate (currently £187.18 for the 2025/2026 tax year) or 90% of your average weekly earnings, whichever is lower.

To qualify for SMP, you usually need to:

• Earn, on average, at least £125 per week.

• Have worked for your employer continuously for at least 26 weeks, continuing into the 15th week before your baby is due (the 'qualifying week').

• Give your employer the correct notice and proof of pregnancy (typically a MATB1 form from around 20 weeks of pregnancy).

Can your employer refuse maternity leave or pay?

No. If you meet the eligibility criteria, your employer cannot legally refuse your statutory maternity leave or deny you Statutory Maternity Pay. They are obligated to provide payslips for SMP, as it is taxable. Refusal to do so is a breach of employment law.

Impact on Your Indefinite Leave to Remain (ILR) Application

A common concern for Skilled Worker visa holders is how maternity leave might affect their ILR application. We can confirm that taking statutory maternity leave generally does not negatively impact your eligibility for ILR.

The Home Office recognises legitimate reasons for absences, including maternity leave. Here are key points:

• Sponsor Reporting: Your employer, as your sponsor, is required to report your maternity leave to UK Visas and Immigration (UKVI) via the Sponsor Management System (SMS).

• Salary During Maternity: If your salary changes to SMP during maternity leave, your employer should update your Certificate of Sponsorship (CoS) to reflect this.

• ILR Financial Requirements: For ILR, you will need to demonstrate that you continue to meet the salary requirements of the Skilled Worker route. When you're on maternity leave, the Home Office takes this into account. You may be able to submit financial evidence from the 6 months prior to the start of your maternity leave, if that is more beneficial than the 6 months preceding your application. Any periods of unpaid maternity leave (beyond the statutory paid period) are generally disregarded for salary calculation for ILR, meaning you would provide evidence for an earlier period to compensate.

What if Your Employer is Unsupportive or Refuses Your Rights?

If you face difficulties with your employer regarding your maternity rights, such as refusal of leave or pay, it is essential to act. While we are UK Immigration Lawyers and can advise on immigration matters, issues of employment rights fall under UK employment law.

We strongly recommend the following steps:

1. Formal Communication: Ensure all your communications with your employer regarding your pregnancy, maternity leave, and pay entitlements are in writing. This provides a clear record.

2. Seek Employment Law Advice: It is crucial to consult with a UK employment law specialist. Organisations like ACAS (Advisory, Conciliation and Arbitration Service) or Citizens Advice can offer free guidance. "Pregnant Then Screwed" is another excellent resource for pregnant employees facing discrimination.

3. HMRC Intervention: If your employer refuses to pay SMP despite your eligibility, they should provide an SMP1 form. You can then contact HMRC's Statutory Payment Dispute Team to get a decision on your entitlement. HMRC can intervene and issue a legally binding decision.

4. Grievance and Tribunal: If informal approaches and HMRC intervention don't resolve the issue, you may consider raising a formal grievance with your employer. If still unresolved, you could have grounds to claim unlawful deduction of wages or maternity discrimination at an Employment Tribunal. This is a serious step and requires legal advice from an employment lawyer.

Remember, protecting your employment rights is paramount while also ensuring your immigration status remains secure.

General Information Notice: Please note that the content provided here is for informational purposes only and is not a substitute for legal immigration advice. We are not responsible for any actions taken based on this free information.

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