Can I claim Statutory Maternity Pay on a spouse visa?

Yes. If you are employed and meet the qualifying conditions (you have worked for your employer for at least 26 weeks by the 15th week before your due date, and you earn at least the lower earnings limit of £125 per week), you are entitled to Statutory Maternity Pay regardless of your visa status. SMP is an employment right, not a public fund.

Is Statutory Sick Pay affected by my visa status?

No. Statutory Sick Pay (SSP) is an employment entitlement paid by your employer. It is not affected by your visa status or any No Recourse to Public Funds condition. If you are an employee, earn at least £125 per week, and have been off sick for 4 or more consecutive days, you qualify.

Does maternity leave affect my spouse visa extension?

Maternity leave itself does not affect your visa. However, if your income drops below the financial requirement threshold during maternity leave, this could affect a spouse visa extension application. The Home Office considers your income over a period, so a temporary drop during maternity leave may be acceptable if your overall financial position is strong.

What happens if I lose my job while pregnant on a spouse visa?

Dismissing you because of pregnancy is automatically unfair dismissal under UK employment law, regardless of your visa status. If you lose your job, you may be able to claim Maternity Allowance (if NRPF does not apply) or seek employment tribunal remedies for unfair dismissal.

Maternity and Sick Pay on a Spouse Visa: Guide 2026

Q: Can I claim Maternity Allowance on a spouse visa with NRPF?

Maternity Allowance is a benefit paid by the Department for Work and Pensions. It is classified as a public fund, so if your spouse visa has a No Recourse to Public Funds condition, you cannot claim it. However, Statutory Maternity Pay (paid by your employer) is not a public fund and can be claimed.

Spouse visa holders who work in the UK have the same employment rights as British citizens, including Statutory Maternity Pay (SMP) and Statutory Sick Pay (SSP). However, the No Recourse to Public Funds condition on most spouse visas means some benefits, like Maternity Allowance, are not available. This guide explains what you can and cannot claim, how maternity leave affects your visa, and what protections you have at work.

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 by the 15th week before your expected due date.
To earn at least the lower earnings limit (£125 per week in 2026).
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: £187.18 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 (Public Fund — Restricted)

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 classified as a public fund.

If your spouse visa has a No Recourse to Public Funds condition (which most do), you cannot claim Maternity Allowance. This is one of the most significant gaps in support for spouse visa holders.

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 earn at least the lower earnings limit (£125 per week).
You must have been off sick for 4 or more consecutive days (including non-working days).

SSP is currently £118.75 per week (2026 rate) and is payable for up to 28 weeks. Your employer may offer a more generous contractual sick pay scheme.

For the first 3 days of sickness (waiting days), SSP is not paid. After that, it covers every qualifying day you are off work.

Impact on Spouse Visa Extensions

When you apply for a spouse visa extension, you must meet the financial requirement of £29,000 per year. 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.
Timing. If possible, time your visa extension application for when you are back at work and earning your full salary rather than during maternity leave.

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.

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.