Maternity and Sick Pay on a Spouse Visa: Guide

Employment Rights on a Spouse Visa

If you hold a UK spouse visa, you have the right to work without restriction. You have the same employment rights as a British citizen, including protections around maternity, paternity, sickness, and unfair dismissal.

The critical distinction is between employment rights (paid by your employer, available to all employees) and public funds (paid by the state, restricted by the No Recourse to Public Funds condition).

Statutory Maternity Pay (SMP)

SMP is paid by your employer, not the government. It is an employment right, not a public fund. To qualify, you need:

• To have worked for your employer continuously for at least 26 weeks continuing into the 15th week before your expected week of childbirth.
• To earn on average at least £129 per week (2026 rate).
• To give your employer at least 28 days' notice (or as much notice as reasonably practical).
• To provide a MAT B1 certificate from your doctor or midwife.

SMP is paid for up to 39 weeks:

• First 6 weeks: 90% of your average weekly earnings.
• Remaining 33 weeks: £194.32 per week (2026 rate) or 90% of earnings, whichever is lower.

Many employers offer enhanced maternity pay above the statutory minimum. Check your employment contract.

Maternity Allowance (Not a Public Fund)

Maternity Allowance is a state benefit for women who do not qualify for SMP (for example, if you are self-employed or have not worked for your employer long enough). It is not classified as a public fund: the Home Office's public funds guidance lists it, alongside Statutory Maternity Pay and Statutory Sick Pay, as a payment that falls outside the restriction.

So even if your spouse visa has a No Recourse to Public Funds condition (which most do), that condition does not stop a Maternity Allowance claim. Whether you receive it depends on the normal Maternity Allowance rules about your recent work and National Insurance record.

Means-tested benefits such as Universal Credit are public funds. If you are in financial hardship, you may be able to apply to have the NRPF condition lifted.

Statutory Sick Pay (SSP)

SSP is an employment right paid by your employer. It is not a public fund. To qualify:

• You must be an employee (not self-employed).
• You must have done some work for your employer.
• You must have been ill for at least one full working day.

SSP is currently £123.25 per week (2026 rate) or 80% of your normal weekly earnings, whichever is lower, and is payable for up to 28 weeks. There is no minimum earnings level. Your employer may offer a more generous contractual sick pay scheme.

SSP is paid for every full day you are off sick that you would normally have worked. There are no unpaid waiting days.

Impact on Spouse Visa Extensions

When you apply for a spouse visa extension, you must meet the financial requirement of £29,000 per year (or £18,600 plus child amounts, up to £29,000, if you first applied before 11 April 2024). A period of maternity leave or sickness could reduce your income.

The Home Office considers income in the following ways:

• Category A (salaried): If you are currently earning £29,000 or more and have been for at least 6 months, you meet the requirement. A temporary period of maternity pay may not be counted as your "current" salary if you are returning to work on the same salary.
• Category B (variable): If your income has varied (for example, due to maternity leave), the Home Office looks at the previous 12 months. Your total earnings must be at least £29,000.
• Which period is assessed. The category sets the window of income the rules look at, and an application is assessed on the income actually received in that window. Maternity pay is lower than full salary, so a period of maternity leave inside the window is counted at the maternity rate.

Pregnancy Discrimination Protections

Under the Equality Act 2010, it is unlawful for your employer to discriminate against you because of pregnancy or maternity. This applies regardless of your visa status and includes:

• Dismissal because of pregnancy is automatically unfair dismissal.
• You cannot be made redundant because of pregnancy or maternity leave.
• You are entitled to paid time off for antenatal appointments.
• Your terms and conditions (other than pay) continue during maternity leave.
• You have the right to return to the same job after ordinary maternity leave (first 26 weeks).

If you believe you have been discriminated against, you can bring a claim to an employment tribunal. ACAS early conciliation is a required first step.

Shared Parental Leave and Pay

If your partner (the British citizen or settled person who sponsored your visa) is also employed, you can share parental leave and pay between you. Shared Parental Pay is an employment right, not a public fund, so it is available to visa holders.

This allows you to split up to 50 weeks of leave and up to 37 weeks of pay between you and your partner in a way that suits your family. See our visa fees guide to budget for upcoming immigration costs alongside reduced income during leave.

Next Steps

If you are pregnant or planning a family on a spouse visa, speak to your employer early about your maternity rights. If you are concerned about how maternity leave will affect your visa extension, consult an immigration solicitor who can advise on timing and financial evidence.

For official information on maternity rights, see GOV.UK maternity pay and leave. For the spouse visa financial requirement, see our detailed guide.

Questions and answers