Maternity Leave on a Skilled Worker Visa
What you need to know
- •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.
Preparing a UK visa application?
Get a personalised document checklist and eligibility check — free.
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 the statutory flat rate for 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 qualify for SMP, you must have been employed by the same employer for at least 26 weeks by the 15th week before your due date, and earn above the lower earnings limit.
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.
However, be aware of salary considerations. During maternity leave, your pay may drop below the normal Skilled Worker salary threshold. The Home Office generally understands that temporary reductions during maternity leave are normal. But if your salary permanently changed, this could affect a future extension or ILR application.
Preparing a UK visa application?
Get a personalised document checklist and eligibility check — free.
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 during pregnancy and for 12 months after birth through a maternity exemption certificate.
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
- Inform your employer of your pregnancy in good time (at least 15 weeks before the due date for SMP purposes).
- 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:
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.
Preparing a UK visa application?
Get a personalised document checklist and eligibility check — free.