Employment Rights on a UK Visa

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: The usual limit is 20 hours a week during term time for a degree-level course at a higher education provider, or 10 hours a week below degree level, and full-time outside term time. The exact limit is a condition on your own permission.
• 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 (see our illegal working penalties guide). Always check the conditions on your permission before accepting work. Biometric residence permits stopped being issued at the end of 2024; your conditions are now in your UKVI account online.

Right to Work Checks by Employers

All employers in the UK must check that you have the right to work before employing you. British and Irish citizens show a passport or passport card, current or expired, or a combination of other documents. Everyone else usually proves it online: you generate a share code from your UKVI account using the GOV.UK prove your right to work service, and the share code lasts 90 days. Biometric residence permits stopped being issued at the end of 2024.

The employer records the check and its date. If your right to work is time-limited, the employer must do a follow-up check before your permission expires. That obligation sits on the employer, not on you, but expect to be asked for a fresh share code.

National Minimum Wage and National Living Wage

Every worker in the UK is entitled to be paid at least the National Minimum Wage. From 1 April 2026 the rates are:

• National Living Wage (21 and over): £12.71 an hour
• 18 to 20 year olds: £10.85 an hour
• Under 18: £8.00 an hour
• Apprentices: £8.00 an hour (if under 19, or aged 19 and over in the first year of the 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. Underpayment is reported to HM Revenue and Customs through the GOV.UK complain about pay and work rights form.

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 classed as an employee (not self-employed)
• Have done some work for your employer
• Have been ill for at least one full working day

Since 6 April 2026 there is no lower earnings limit and no waiting period: the earnings threshold, and the rule that the first 3 days were unpaid, were both removed by the Employment Rights Act 2025.

Statutory Sick Pay is £123.25 a week or 80% of your normal weekly earnings, whichever is lower, for up to 28 weeks. Many employers offer more than the statutory minimum, so check your contract.

Your visa status does not affect Statutory Sick Pay. It is not a public fund, so a no recourse to public funds condition does not block it — nor does it block Statutory Maternity Pay or Maternity Allowance.

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. See also our right to work check guide.

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. The Employment Rights Act 2025 cuts that qualifying period from 2 years to 6 months for dismissals from 1 January 2027.

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. An employment tribunal decides that, not the Home Office.

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 category. Immigration advice on that period is regulated: an adviser must be registered with the Immigration Advice Authority, or be a solicitor or barrister.

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:

1. Raise it informally first. Speak to your manager or HR department. Many issues can be resolved through conversation.
2. Raise a formal grievance. Put your complaint in writing following your employer's grievance procedure.
3. Contact Acas. The Advisory, Conciliation and Arbitration Service provides free, confidential employment advice. Call 0300 123 1100, Monday to Friday, 8am to 6pm. Translation is available in over 100 languages.
4. Seek legal advice. See our DIY vs solicitor guide. Citizens Advice, law centres, and trade unions can help you understand your options.
5. Employment tribunal. If the issue cannot be resolved, you may be able to bring a claim to an employment tribunal. You must usually go through Acas early conciliation first.

Reporting a workplace issue is not a breach of any visa condition. Complaints to Acas and calls to the Modern Slavery Helpline are confidential.

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.

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