When sponsoring a migrant on a skilled worker visa, employers must closely monitor absences to remain compliant with their sponsor licence. Unauthorised absences and unpaid absences will lead to termination of sponsorship unless a valid reason applies.
Employers should also be aware of how absences might impact the worker's eligibility for Indefinite Leave to Remain (ILR). While it is not the employer's responsibility to track absences for ILR purposes, having an understanding of the potential implications can be beneficial in supporting employees and ensuring compliance with visa requirements.
All worker absences must be recorded by the sponsoring employer.
Unpaid Absences: General Principle
Unless a valid exception applies, sponsors are generally required to stop sponsoring a worker who has been absent from their sponsored role without pay, or on reduced pay, for more than four weeks in total within a calendar year (1 January to 31 December).
This rule applies regardless of whether the absence is a single continuous period exceeding four weeks or multiple shorter absences that collectively exceed this limit.
Calculating the Four-Week Threshold
The four-week period is calculated based on the worker's normal working pattern:
- If the worker usually works five days per week, the threshold is 20 working days (5 days × 4 weeks).
- If they typically work three days per week, the threshold is 12 working days (3 days × 4 weeks).
Compliance Considerations
If a worker's absence exceeds the permitted threshold without a valid exception, sponsorship must usually be terminated. Failure to comply with these rules can result in compliance breaches, affecting the employer's sponsor licence.
Absences that do not Require Sponsorship Termination
Sponsors are not required to terminate sponsorship where the sponsored employee is absent without pay or on reduced pay, where the absence falls within one of the following permitted categories (and the worker has not otherwise been unpaid or on reduced pay for more than four weeks):
- Statutory maternity leave
- Statutory paternity leave
- Statutory parental leave
- Statutory shared parental leave
- Statutory adoption leave
- Sick leave
- Assisting with a national or international humanitarian or environmental crisis (with employer agreement)
- Participation in legally organised industrial action
- Jury service
- Court attendance as a witness
Reporting Obligations
While these absences are permissible, sponsors must still report them via the Sponsor Management System (SMS) or Sponsor UK account, as per Home Office requirements.
If an absence extends beyond four weeks without a valid exception, but the sponsor believes there are compelling reasons to continue sponsorship, the circumstances must be reported to UKVI for consideration. However, if UKVI is not satisfied with the justification, they may cancel the worker's visa, requiring the sponsor to terminate their sponsorship.
Unapproved Absences: Employer Reporting Obligations
Employers sponsoring skilled worker visa holders must closely monitor employee attendance and report unauthorised absences exceeding 10 consecutive working days. This applies even if the employer intends to continue sponsorship.
The report must be submitted within 10 working days from the 10th day of absence and should include:
- The date the absence started
- The date the worker returned (if applicable)
- Details of any attempts to contact the worker if they have not returned
- Any salary deductions made or planned for the absence period
- Confirmation of whether sponsorship will continue
Failure to report such absences may result in compliance action against the employer.
Absence from Primary Work Location: Reporting Requirements
Employers must also notify UKVI of any changes to a sponsored worker's primary work location as recorded on their Certificate of Sponsorship (CoS). This includes situations where:
- The worker relocates to a different office, branch, or client site not previously declared
- The worker switches to fully remote work with little or no requirement to attend a workplace
However, hybrid working arrangements—where a worker divides time between home and a traditional workplace—do not need to be reported. Employers must still record these arrangements internally and report any changes to the primary office location or new client sites.
For fully remote workers (contractual home workers), UKVI may request an explanation as to why UK sponsorship is necessary if the role could feasibly be performed from the worker's home country.
Day-to-day changes in location, such as occasional work from another office or home, do not require reporting—only significant, permanent changes must be declared.
Employers should ensure they maintain detailed records of all work patterns to remain compliant with sponsorship obligations.
Annual Leave and indefinite leave to remain
Indefinite leave to remain (ILR) applications require applicants to meet a residency requirement. To support the migrant employee's ILR application, employers must confirm the migrant's absences from the UK on company headed paper.
Any absence from work must align with or be related to the applicant's sponsored or permitted employment in the UK. This includes business trips, short secondments, or any other work-related travel.
However, non-work-related absences from the UK may disrupt a migrant's continuous residence, potentially affecting their eligibility for Indefinite Leave to Remain (ILR).
Annual Leave Entitlement
Paid annual leave is considered on a case-by-case basis and should align with the entitlement granted to settled workers in the UK and should meet the statutory minimum of 5.6 weeks (28 days for those working a five-day week).
Absences Due to Serious or Compelling Reasons
Exceptional circumstances that can be evidenced may justify non work related absences, such as:
- Serious illness affecting the applicant or a close relative
- Armed conflict
- Natural disasters (e.g., volcanic eruptions, tsunamis)
Employment Outside the UK
Short trips outside the UK on weekends or non-working days are acceptable absences but extended trips where a genuine business reason cannot be justified may break the migrant's continuity of leave.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
