Employment Rights on a UK Visa
What you need to know
- •You have the same employment rights as a British citizen if you have the right to work.
- •The National Living Wage applies to all workers aged 21+ regardless of nationality or visa type.
- •You are entitled to at least 28 days paid holiday per year (including bank holidays).
- •Your employer cannot confiscate your passport or immigration documents.
- •If you are being exploited, contact ACAS or the Modern Slavery Helpline. Reporting is safe.
Visa holders with the right to work in the UK have identical employment rights to British citizens. This includes minimum wage, paid holiday, sick pay, and protection from discrimination and unfair dismissal. Understanding these rights helps you avoid exploitation and ensure you are treated fairly.
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Your Right to Work
Before discussing employment rights, it is important to understand that your right to work depends on your visa type. Not all visas permit work, and some have restrictions on the type or hours of work you can do.
- Skilled Worker visa: You can work for your sponsoring employer in the job specified on your Certificate of Sponsorship. You can do supplementary employment in certain circumstances.
- Graduate visa: You can work in any job at any skill level without restrictions.
- Student visa: You can typically work up to 20 hours per week during term time and full-time during holidays.
- Spouse/Partner visa: You can work in any job without restrictions.
- Visitor visa: You generally cannot work, with limited exceptions for permitted activities.
Working in breach of your visa conditions is a criminal offence and can lead to your visa being cancelled. Always check the conditions on your visa or BRP before accepting work.
Right to Work Checks by Employers
All employers in the UK must check that you have the right to work before employing you. This is similar to right to rent checks. The employer will ask to see your passport and visa, your BRP, or a share code from the GOV.UK right to work service.
The employer must check your original documents, take copies, and record the date of the check. If your right to work is time-limited, the employer must conduct a follow-up check before your visa expires. This is a legal obligation on the employer, not on you, but you should be prepared to provide updated documents when asked.
National Minimum Wage and National Living Wage
Every worker in the UK is entitled to be paid at least the National Minimum Wage. As of April 2026, the rates are:
- National Living Wage (21 and over): £12.21 per hour
- 18-20 year olds: £10.00 per hour
- Under 18: £7.55 per hour
- Apprentices: £7.55 per hour (if under 19, or in the first year of apprenticeship)
These rates apply to all workers regardless of nationality, visa status, or contract type. If your employer pays you less than the minimum wage, they are breaking the law. You can report underpayment to HMRC's National Minimum Wage complaints line.
Holiday Entitlement
All workers in the UK are entitled to at least 5.6 weeks of paid holiday per year. For a full-time worker, this is 28 days (which can include bank holidays). Part-time workers receive a pro-rata entitlement.
Your employer cannot reduce your holiday entitlement because of your visa status. If you are on a zero-hours contract, you still accrue holiday based on the hours you work.
When you leave a job, you are entitled to be paid for any holiday you have accrued but not taken. This applies whether you resign, are dismissed, or your contract ends.
Sick Pay
If you are too ill to work, you may be entitled to Statutory Sick Pay (SSP). To qualify, you must:
- Be classified as an employee (not self-employed)
- Earn at least £123 per week on average
- Have been ill for at least 4 consecutive days (including non-working days)
SSP is paid at a flat rate (currently £116.75 per week in 2026) for up to 28 weeks. Many employers offer enhanced sick pay above the statutory minimum, so check your contract.
Your visa status does not affect your entitlement to SSP. If you meet the qualifying conditions, your employer must pay it.
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Protection from Discrimination
The Equality Act 2010 protects all workers in the UK from discrimination based on certain protected characteristics, including race and nationality. This means your employer cannot treat you less favourably because of your nationality, ethnic origin, or visa status.
Examples of unlawful discrimination include:
- Paying you less than colleagues for the same work because of your nationality
- Refusing to promote you because of your visa status
- Subjecting you to harassment or bullying related to your national origin
- Dismissing you because of your nationality rather than genuine business reasons
If you experience discrimination at work, you can raise a grievance with your employer, contact ACAS for advice, or bring a claim to an employment tribunal.
Protection from Unfair Dismissal
After 2 years of continuous employment with the same employer, you have the right not to be unfairly dismissed. This means your employer must have a fair reason for dismissing you (such as misconduct, redundancy, or capability) and must follow a fair procedure.
Certain dismissals are automatically unfair regardless of how long you have worked. These include dismissal for:
- Whistleblowing (reporting wrongdoing)
- Pregnancy or maternity leave
- Asserting a statutory employment right
- Trade union membership or activities
If your visa expires and you can no longer legally work, your employer may lawfully end your employment. However, they should give you reasonable notice and follow proper procedures. Being dismissed solely because your employer does not want to deal with visa renewals may be unfair dismissal if you have the qualifying service.
Changing Jobs on a Sponsored Visa
If you hold a Skilled Worker visa, your visa is tied to a specific employer and job. Changing jobs requires your new employer to sponsor you and you must apply to update your visa before starting the new role.
On other visa types, such as the Graduate visa or a spouse visa, you can change jobs freely without notifying the Home Office.
If your employer terminates your Skilled Worker sponsorship (for example, if they make you redundant), your visa may be curtailed. You typically have 60 days to find a new sponsor or apply for a different visa. This is a critical period, and you should seek immigration advice immediately if it happens to you.
Tax and National Insurance
As a worker in the UK, you pay Income Tax and National Insurance contributions just like British citizens. Your employer will deduct these through the PAYE (Pay As You Earn) system.
You need a National Insurance (NI) number to work in the UK. If you do not already have one, you can apply for one after you arrive. You can start work before you receive your NI number, but your employer may put you on an emergency tax code until it is processed.
Paying National Insurance builds your entitlement to the State Pension and certain benefits. Even if you plan to leave the UK eventually, the NI contributions you make may count towards pension entitlements if there is a reciprocal agreement between the UK and your home country.
What to Do If Your Rights Are Not Respected
If you believe your employer is not meeting their legal obligations, take these steps:
- Raise it informally first. Speak to your manager or HR department. Many issues can be resolved through conversation.
- Raise a formal grievance. Put your complaint in writing following your employer's grievance procedure.
- Contact ACAS. The Advisory, Conciliation and Arbitration Service provides free, impartial employment advice. Call 0300 123 1100.
- Seek legal advice. Citizens Advice, law centres, and trade unions can help you understand your options.
- Employment tribunal. If the issue cannot be resolved, you may be able to bring a claim to an employment tribunal. You must usually attempt ACAS early conciliation first.
Importantly, reporting a workplace issue does not affect your immigration status. The Home Office has confirmed that victims of labour exploitation will not face immigration enforcement action as a result of reporting abuse.
Signs of Labour Exploitation
Some visa holders are vulnerable to exploitation, particularly those who are unfamiliar with UK employment law. Warning signs include:
- Being paid less than the minimum wage
- Having your passport or documents confiscated
- Being forced to work excessive hours without breaks or days off
- Being charged fees for work or accommodation that are deducted from your wages
- Being threatened with deportation if you complain
If you or someone you know is in this situation, contact the Modern Slavery Helpline on 08000 121 700. The helpline is confidential and available 24 hours a day.
This guide is general information, not immigration advice. Immigration rules change frequently. For advice on your specific situation, consult an OISC-registered adviser or immigration solicitor. Always check GOV.UK for the latest rules.
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