Maternity Leave on a Skilled Worker Visa: Your Rights
If you are pregnant while on a Skilled Worker visa, you have full maternity rights under UK employment law. This guide explains your entitlements, how maternity leave interacts with your visa, and what to consider for ILR.
- Section
- Skilled Worker Visa
- Reading time
- 10 min
- Last checked
- 2 September 2026
- Source
- The published Immigration Rules and GOV.UK guidance, linked throughout this guide.
- Rowan does not
- Look at your own case, tell you which route to choose, or say what the Home Office will decide. This guide shows the published rules and where to read them.
In short
- Full maternity leave entitlement (up to 52 weeks) applies.
- Statutory Maternity Pay is not a public fund and can be claimed.
- Maternity leave does not break continuous residence for ILR.
- Pregnancy dismissal is illegal regardless of visa status.
- Discuss reporting obligations with your employer.
Skilled Worker visa holders have the same maternity rights as all UK employees. You are entitled to up to 52 weeks of maternity leave, Statutory Maternity Pay (if qualifying), and protection from dismissal. Maternity leave does not break your continuous residence for ILR.
Your Maternity Rights
Under UK employment law, all employees have the same maternity rights regardless of immigration status:
- Maternity leave: Up to 52 weeks (26 weeks ordinary + 26 weeks additional).
- Statutory Maternity Pay (SMP): 90% of average weekly earnings for the first 6 weeks, then £194.32 a week or 90% of your average weekly earnings (whichever is lower) for the next 33 weeks. This is paid by your employer and is not a public fund.
- Protection from dismissal: Illegal to dismiss or treat you unfairly because of pregnancy.
- Right to return: You can return to the same job (or a similar one) after maternity leave.
To get SMP, you must have worked for the same employer continuously for at least 26 weeks up to the 15th week before your due date, and earn on average at least £129 a week.
Impact on Your Visa
Taking maternity leave does not affect your Skilled Worker visa status. You remain employed by your sponsor throughout, even though you are not working. Key points:
- Your sponsorship continues during maternity leave.
- Your employer does not need to cancel your Certificate of Sponsorship.
- You remain lawfully in the UK.
Maternity Leave and ILR
Maternity leave does not break your continuous residence for ILR purposes. The ILR maternity guidance confirms that periods of maternity leave count towards your qualifying period.
During maternity leave, your pay may drop below the normal Skilled Worker salary threshold. The sponsor guidance allows this: a sponsor can temporarily reduce a Skilled Worker's salary, or pay statutory maternity pay only, while the absence is for statutory maternity leave. A salary cut for any other reason must be reported by your sponsor, and pay below the required level can lead to your permission being cancelled.
NHS Maternity Care
As a Skilled Worker visa holder who has paid the IHS, you are entitled to full NHS maternity care. This includes antenatal appointments, scans, delivery, and postnatal care at no additional cost.
Free prescriptions are available in England during pregnancy and for 12 months after the birth through a maternity exemption certificate, which your midwife, doctor or health visitor applies for on your behalf.
Your Baby's Status
If your baby is born in the UK, their nationality depends on the parents' immigration status. A baby born to parents who are both on temporary visas is not automatically British. The child can be added to your visa as a dependant or registered as British later if a parent obtains ILR.
Practical Steps
- Tell your employer at least 15 weeks before the due date when you want to start maternity leave, and give at least 28 days' notice of when you want SMP to start.
- Register with a GP and start antenatal care early.
- Discuss any sponsor reporting obligations with your employer.
- Plan your finances, including the reduction in pay during maternity leave.
- Consider the timing of any visa extensions or ILR applications around your maternity leave.
Next Steps
Related guides:
Questions and answers
Can I take maternity leave on a Skilled Worker visa?
Yes. You have the same maternity rights as any UK employee, including up to 52 weeks of maternity leave and, if you meet its conditions, Statutory Maternity Pay. Being on a Skilled Worker visa does not reduce your employment rights.
Does maternity leave affect my ILR application?
Maternity leave does not break your continuous residence for ILR (indefinite leave to remain) purposes. You remain employed by your sponsor throughout your maternity leave. The sponsor guidance allows your sponsor to pay you a reduced salary, or statutory pay only, while you are on statutory maternity leave, so a drop in pay during leave is not treated in the same way as a permanent salary cut.
Do I need to tell the Home Office about my maternity leave?
You do not report it yourself. Your sponsor should report the period of maternity leave through the Sponsor Management System, but does not have to stop sponsoring you: statutory maternity leave is a listed exception to the rule that unpaid or reduced-pay absence of more than 4 weeks in a calendar year ends sponsorship.
Can I be dismissed because of pregnancy on a Skilled Worker visa?
No. It is illegal to dismiss or treat someone unfairly because of pregnancy or maternity, regardless of visa status. If you are dismissed for this reason, you can bring a claim to an employment tribunal.
This guide is general information about published immigration rules. It is not advice about an individual application under s.82 Immigration and Asylum Act 1999, and Rowan is not regulated by the Immigration Advice Authority. Immigration rules change several times a year. For advice on a particular situation, contact an adviser authorised by the Immigration Advice Authority or an immigration solicitor. Always check GOV.UK for the authoritative current rules.