Sponsored Worker on Long Term Sick Leave

Section A: Employer Sick Leave Obligations

Sponsor licence holders operate under strict compliance obligations, including duties to monitor sponsored workers’ absence and report through the SMS periods of long term sickness absence. This means that when a sponsored worker is absent from work on sick leave, as the employer-sponsor you have a number of obligations within an employment law context, as well as immigration compliance considerations. These include paying statutory or contractual sick pay, ensuring the health and wellbeing of the worker and keeping accurate records that can be inspected by the Home Office.

1. Statutory or contractual sick pay

If a sponsored worker is off work sick through either illness or injury, they might have a right to sick pay. If you have in place an occupational sick pay scheme, the worker may be entitled to enhanced contractual sick pay when absent from work through sickness. You cannot pay less than the individual’s entitlement to Statutory Sick Pay (SSP), but you can pay them more.

Unless the organisation offers an enhanced contractual provision for sick pay, the relevant SSP rate is the minimum you must pay an eligible worker on sick leave. SSP is payable from the fourth day of any sickness absence from work, for a period of up to 28 weeks. This is paid for the days an employee normally works, called ‘qualifying days’.

By law, employers must pay SSP to anyone meeting the following criteria:

• they are classed as an ‘employee’ working under a contract of employment
• the employee has been off sick for a minimum of 4 days in a row, including non-working days, such as weekends or bank holidays
• the employee earns an average of at least £125
  5 a week before tax
• they have provided you with notice and, where required, proof of illness.

The employee should notify you that they are sick within the time limit set by you, for example, within any sickness policy or employment contract, or within 7 days if there is nothing in writing. You do not have to pay SSP for those days that the employee was late in telling you, unless they have a good reason for the delay. They should also provide you with a fit note if they have been off work sick for more than 7 days in a row, including non-working days. However, you cannot withhold SSP if the employee is late in sending you a fit note.

If someone is absent from work for 7 days or less, proof of their sickness will not be required, although you can ask them to confirm in writing the reason for their absence when they return to work. This is known as self-certification. Your sickness policy, or the employment contract, should set out the procedure for self-certification and when a fit note is required.

For sponsors, it is important to remember that not all sponsored workers will qualify for SSP, for example, if they earn below the lower earnings limit or if they have already exhausted their entitlement of 28 weeks. In those cases, their sick leave will usually be unpaid. Once unpaid sick leave extends beyond 4 weeks in a calendar year, the period must be reported to UKVI via your SMS account, although sponsorship does not automatically have to be withdrawn where the absence is due to sickness. This interaction between SSP eligibility and reporting obligations is a frequent source of error for sponsors.

2. Employee health and wellbeing

All employers are under a statutory duty, so far as is reasonably practicable, to ensure the health, safety and welfare of their employees at work, including their mental wellbeing. This means that you are under an obligation to ensure the health and wellbeing of anyone absent from work through ill health, including a sponsored worker on long term sick leave.

If a sponsored worker is off work sick, as with any other worker, you should put in place provisions to ensure their health and wellbeing. This should include maintaining regular contact during their sick leave, providing support and assistance where appropriate, and making any reasonable adjustments to facilitate their return to work. For sponsors, it is also critical to retain evidence of this support and any adjustments, because UKVI may request these records during a compliance visit to verify that absences have been properly authorised and managed.

a. Maintaining regular contact

There is no mandatory requirement to keep in touch with staff on sick leave, or them with you, other than the requirement to notify you of their sickness absence and to provide a sick note after being off sick for more than 7 consecutive days. Still, keeping in touch can play an important part in supporting the wellbeing of an absent worker, and in effectively managing their sick leave, especially in cases of long term absence. The amount of contact you have with a sponsored worker on long term sick leave should be no more than is necessary to check on their welfare, offer support, address any absence-related matters, such as sick pay or fit notes, and to facilitate their return to work. In the immigration context, it also helps to demonstrate to UKVI that the absence has been authorised and that the employer is discharging their duties properly.

b. Providing support and reasonable adjustments

If you have an occupational health scheme or employee assistance programme, either in-house or via an external provider, this can be used to assist with any independent medical assessment or other services to support an individual’s recovery and return to work. It is important to let the worker know the details of any support and how to access these services, or if a referral is to be made directly by you. You should also discuss what changes may need to be made to support their return, such as amended duties, altered hours, a phased return and workplace adaptations. In some cases, if the worker is classed as suffering from a disability, you will be under a statutory duty to make any reasonable adjustments to accommodate their return. From a sponsorship perspective, handling these issues lawfully is also vital to avoid discrimination risks which could lead to litigation and which, if uncovered by the Home Office, may undermine confidence in your HR and compliance systems.

In practical terms, you should retain all fit notes, self-certification forms, records of contact, details of any occupational health referrals, and confirmation of any reasonable adjustments in the worker’s HR file. These documents form part of your Appendix D record-keeping duties as a sponsor and must be available to UKVI on request. Failing to keep these records can expose you to compliance action even where the worker’s absence itself was entirely genuine and authorised.

Section B: Employers’ Sponsorship Responsibilities

As a UK sponsor, you have a range of responsibilities that must be met throughout the validity of your licence. These extend beyond recruitment to include ongoing monitoring of sponsored workers’ attendance, pay and working conditions. When a sponsored worker takes sick leave, you must ensure that all immigration reporting and record-keeping duties are met, in addition to your employment law obligations. Sponsors who fail to align HR practices with sponsorship duties risk enforcement action from UKVI, including suspension or revocation of their licence.

1. Attendance monitoring and record-keeping

You are required to keep clear and accurate records of the attendance of your sponsored workers, including all periods of sickness absence. This means storing fit notes, self-certification forms and confirmation of any statutory or contractual sick pay paid, alongside routine absence logs. These records must be kept in the worker’s personnel file and retained in line with Appendix D requirements, generally for the duration of sponsorship and for one year after it ends. UKVI compliance officers can request to see this evidence during an inspection, and failure to produce it can be treated as a breach of your licence duties. It is not sufficient to rely on payroll data alone, as UKVI will expect to see clear links between absence records, payroll adjustments and reporting through the SMS where relevant.

2. Reporting requirements

Through your Sponsorship Management System (SMS) account, you must report certain events to UKVI within 10 working days. These include:

• If a sponsored worker fails to start the job for which they are being sponsored, including where sickness is the reason, with details of any explanation provided.
• If they are absent from work for more than 10 consecutive working days without permission. Sick leave, where supported by self-certification or fit notes, will normally be treated as authorised and so will not trigger this report. However, records proving the absence was authorised must be available in case UKVI asks to see them.
• If there are any significant changes to their employment, including a reduction in salary from the level stated on their Certificate of Sponsorship (CoS). Reductions due to statutory sick leave are permitted under the immigration rules, but the change must still be reported.
• If they take unpaid leave for more than 4 weeks in any calendar year. Unpaid sick leave beyond 4 weeks is a specific exception to the rule that sponsorship must normally be withdrawn, but the period is still reportable. The exemption only applies if the absence is genuinely due to sickness and backed up with medical evidence. Without proof, UKVI can treat the absence as unauthorised, which carries compliance risk.
• If their employment ends earlier than the date shown on their CoS, including if the sponsored worker resigns or is dismissed for reasons connected with long term ill health.

It is important to emphasise that reporting an absence does not always mean sponsorship must end. For example, unpaid sick leave beyond 4 weeks does not automatically trigger withdrawal of sponsorship, provided you report it correctly and can evidence that the absence is due to illness. Many sponsors wrongly assume that any 4-week absence requires termination, but the sponsor guidance makes clear that sick leave is an exemption. Nevertheless, failure to make the report can be treated as a breach of your duties. As a practical safeguard, sponsors should ensure that every period of sickness absence is fully documented, with fit notes and payroll data retained to demonstrate that the absence was authorised and managed in line with both HR and immigration rules.

3. Salary and working conditions during sick leave

Under the Skilled Worker route, a sponsored worker’s salary can lawfully drop below the minimum threshold while they are on statutory sick leave, maternity, paternity, adoption, parental bereavement or shared parental leave. This concession recognises the impact of statutory leave. However, you must still report the change through SMS and keep records of the new pay arrangements, including payslips and sick pay calculations. Outside these permitted categories of statutory leave, salary must remain at or above the level stated on the CoS, and lowering pay without justification would put you in breach of sponsor requirements.

It is also important to ensure that any contractual sick pay provisions are applied consistently across your workforce. If UKVI identifies that migrant workers are treated less favourably than settled staff, this can raise concerns about genuineness of employment and compliance with UK employment protections, which can in turn damage your sponsor licence rating. A monthly cross-check between payroll and SMS records is recommended, so that any salary changes due to sickness are captured and reported promptly.

4. Consequences of non-compliance

If you fail to comply with reporting or record-keeping responsibilities, UKVI can take compliance action against you. This can include licence downgrading, suspension or revocation. Even administrative oversights, such as failing to report a salary reduction during sick leave or failing to retain a fit note, can be used by UKVI to show that your HR systems are not reliable. A pattern of reporting failures may result in your licence being downgraded to a B rating with an action plan, which will restrict your ability to assign new Certificates of Sponsorship until remedial steps have been completed. For sponsors, the risks extend beyond financial penalties and reputational damage, as revocation would mean sponsored workers lose their immigration status and you lose the ability to hire from overseas for at least 12 months. Effective processes to capture, report and evidence sickness absence are therefore central to licence management.

Section C: Impact of Long Term Sick Leave on Visa Sponsorship

If you have a sponsored worker on long term sick leave, it is important to remain legally compliant within both an immigration and employment law context. UKVI recognises that periods of sickness absence can and do arise, and the sponsor guidance makes allowances for these situations. However, sponsors must be careful to report absences correctly, keep full records, and ensure that salary and working conditions are handled lawfully. Failure to do so can have significant consequences for both the worker’s visa status and the sponsor’s licence.

1. Effect of sick leave on sponsorship duties

In most cases, a sponsored worker on long term sick leave, provided they have notified you of their absence and supplied ongoing medical evidence, should be treated in the same way as any other employee on sick leave. Sickness absence is generally considered authorised if supported by a self-certification or fit note. The key immigration obligations for sponsors are to report the absence correctly and retain records to show that the absence was genuine and authorised. UKVI may ask to see these documents during a compliance audit to confirm that you managed the absence properly.

2. Salary reductions and reporting

The impact of sick leave on sponsorship is most significant where pay changes. If a sponsored worker moves from full pay to SSP or unpaid leave, you must report the salary reduction via the SMS. While salary can lawfully fall below the Skilled Worker minimum thresholds during statutory sick leave, maternity, paternity, adoption, shared parental or parental bereavement leave, you must retain payroll records and fit notes to show that the reduction was authorised and falls within the permitted categories. Where sick pay entitlement is exhausted and the worker takes unpaid sick leave for more than 4 weeks in a calendar year, this period is reportable, but sponsorship does not have to be withdrawn if the absence is genuine sickness evidenced by medical proof.

3. Dismissal and visa curtailment

If you make a decision to dismiss a sponsored worker on long term sick leave on grounds of capability, you must report the termination through the SMS. Once reported, UKVI will usually curtail the worker’s visa, giving them 60 days (or less if their visa expires sooner) to either leave the UK or secure new sponsorship. From an employment law perspective, dismissal must only be considered after all reasonable adjustments have been explored, and any dismissal must be handled fairly to avoid claims of unfair dismissal or disability discrimination under the Equality Act 2010. Sponsors should therefore always seek specialist advice before dismissing a sponsored worker who is on long term sick leave, as the risks span both immigration compliance and employment law exposure.

4. Sponsored workers’ obligations

It is important to ensure that sponsored workers are aware of their own obligations to notify you of their sickness absence and to provide ongoing proof of incapacity. A worker who fails to provide updated fit notes risks their absence being reclassified as unauthorised. This in turn would require you to report the absence as unauthorised to UKVI, with serious consequences for their visa status. Communicating clearly with sponsored workers about your sickness policy, reporting procedures and the importance of providing timely medical evidence is therefore essential to protect both the employer’s licence and the worker’s immigration position.

5. Record-keeping and UKVI checks

Sponsors must keep detailed records of all authorised and unauthorised absences. For sickness absence, this means retaining fit notes, self-certification forms, records of contact, occupational health reports if relevant, and payroll information showing SSP or contractual sick pay payments. These records must be stored in line with Appendix D requirements and be readily available for inspection. UKVI may request evidence of sickness absence during a compliance visit, and any failure to show accurate records can be treated as non-compliance even if the worker’s absence was genuine. For sponsors, the impact of long term sick leave is therefore not just about HR management but about demonstrating to UKVI that the absence was properly handled and fully documented.

Section D: How to Manage a Sponsored Worker on Long Term Sick Leave

Managing absence due to ill health concerns both your obligations to safeguard the health and wellbeing of your workforce, and ensuring compliance with your obligations as a sponsor. Long term sickness absence is common in many workplaces, but when the employee is a sponsored worker, it carries added risks. You must balance fair treatment under employment law with the immigration compliance duties imposed by your sponsor licence. A failure to manage this properly can result in employment tribunal claims, sponsor licence downgrading or even revocation if UKVI identifies systemic weaknesses in how you handle absences. For this reason, having a clear, well-drafted sickness policy that covers sponsored workers is an essential safeguard.

Your sickness policy should not only reflect employment law requirements but also emphasise the additional obligations that apply to sponsored workers. It should explain the procedures for reporting absences, the need for self-certification or fit notes, and the consequences if these are not provided. Importantly, it should set out when and in what circumstances sickness absence will be reported to UKVI. Without this clarity, both HR teams and sponsored workers can misunderstand their responsibilities, leading to compliance breaches. Sponsors should ensure that the policy is communicated clearly to all staff and consistently applied across the workforce to avoid discrimination risks.

As a minimum, your sickness policy should address:

• Reporting procedures: how staff should report absences, including who to contact, what information to provide and by when. For sponsored workers, the importance of timely reporting should be highlighted, as delays in providing fit notes can cause authorised absences to become classed as unauthorised.
• Self-certification: when staff can self-certify and the procedure for doing this, normally for the first 7 days of absence.
• Fit notes: when staff need to provide proof of illness or injury, and the timeframe within which they must notify you of their sickness absence. Sponsors should ensure all fit notes are retained on file in line with Appendix D.
• Sick pay: what staff will be entitled to by way of statutory or contractual sick pay. The details of any occupational sick pay scheme or entitlement to SSP should be clearly set out, and staff should be reminded that SSP is capped at 28 weeks and requires minimum average earnings of £125 per week to qualify.
• Keeping in touch: how the employer will maintain appropriate contact during sick leave, and what is expected of the employee. For sponsors, evidence of contact and absence management can be requested by UKVI during compliance checks.
• Reportable matters: clear guidance on when the employer will need to report sickness absence to UKVI in relation to sponsored workers. This includes salary reductions due to SSP, or unpaid leave exceeding 4 weeks in any calendar year. The policy should clarify that reporting does not always mean sponsorship ends but that accurate reporting is mandatory, and must be done within 10 working days via the SMS.
• Support services: what support is available to staff on long term sick leave, including occupational health schemes, employee assistance programmes or referral procedures. This helps evidence compliance with the duty of care under employment law and can assist with demonstrating fair treatment to UKVI.
• Reasonable adjustments: what changes can be made to the working environment or conditions where an individual is potentially fit for a phased return to work. Sponsors should record all discussions and adjustments made, both for employment law compliance and as evidence for UKVI that absences are being properly managed. If the illness qualifies as a disability, mishandling adjustments could lead not only to tribunal claims but also to UKVI questioning whether you have fair and genuine HR processes in place.

In practice, sponsors should integrate absence management into their wider HR and compliance systems. This means ensuring that payroll, HR and SMS reporting processes are linked, so that salary changes due to sick leave are not missed. It also means training HR staff to recognise when a period of sick leave has immigration consequences, such as triggering a salary reporting duty or exceeding the 4-week unpaid absence threshold. If a worker repeatedly fails to provide fit notes or comply with sickness procedures, you should escalate under your policy, making clear that without medical evidence the absence could become unauthorised, which would then require a 10-day report to UKVI. Setting out this escalation route in your policy helps protect both the licence and the worker’s visa status.

Best practice also includes diarising reporting deadlines, running monthly cross-checks between payroll and SMS reports, and retaining all supporting evidence for inspection. Sponsors who can show UKVI that they have proactive, joined-up processes for managing sick leave are far less likely to face enforcement action than those who rely on ad hoc or inconsistent practices. Poorly handled absence management is a common factor in downgrades to a B rating, which comes with an action plan and restricts the ability to assign new Certificates of Sponsorship until the plan is completed. In contrast, a well-run sickness management process demonstrates to UKVI that you are a reliable and trustworthy sponsor.

Section E: Summary

Managing long term sickness absence becomes significantly more complex when the worker is sponsored under a UK visa route. Employers must ensure that their handling of absence complies with employment law, while also meeting the additional duties imposed by the Home Office as a condition of holding a sponsor licence. Failure to balance these obligations risks serious consequences: from tribunal claims for unfair dismissal or discrimination, to sponsor licence downgrades, suspensions or even revocation if UKVI determines that absences were not managed in line with the rules.

Records of absence and evidence of support are not only an employment law requirement, they are part of Appendix D record-keeping obligations and must be available during compliance inspections. Where pay changes or absences extend into unpaid leave, sponsors must report these changes promptly through the Sponsorship Management System, usually within 10 working days. These reports must be backed up with medical evidence to avoid being treated as unauthorised absence.

If a sponsored worker cannot return to work, dismissal must be considered only after adjustments have been explored. Once dismissed, the worker’s visa will usually be curtailed within 60 days. Employers should therefore ensure their sickness policies explicitly reference sponsor duties, reporting deadlines and escalation procedures. Integrating these requirements into everyday HR practice is the most effective way to protect both your workforce and your sponsor licence.

Section F: Need Assistance?

As employer solutions lawyers, DavidsonMorris advise sponsors on all aspects of sponsor licence compliance. Combining expertise in business immigration and employment law, we provide guidance on managing visa workers, including circumstances such as long term sick leave, and changes in pay and working conditions. Contact us for specialist advice.

Section G: Sponsored Worker on Long Term Sick Leave FAQs

What happens to a sponsored worker’s visa if they are on long term sick leave?

If a sponsored worker is on long term sick leave, their visa is not automatically affected. UKVI allows for periods of statutory sick leave, even where pay falls below the Skilled Worker threshold. However, the employer must report any change in pay or unpaid absence exceeding 4 weeks in a calendar year through the Sponsorship Management System. If the worker is eventually dismissed, UKVI will curtail their visa, usually giving them 60 days (or less if their leave expires sooner) to either leave the UK or secure new sponsorship.

Can a sponsored worker receive Statutory Sick Pay (SSP)?

Sponsored workers are eligible for Statutory Sick Pay if they meet the same criteria as any other employee. They must earn an average of at least £125 per week before tax, be off sick for at least 4 consecutive days, and provide medical evidence if the absence exceeds 7 days. SSP is payable for up to 28 weeks. If the worker does not qualify for SSP or has exhausted entitlement, the absence may become unpaid, which must be reported to UKVI if it exceeds 4 weeks.

Is it necessary to report long term sick leave to the Home Office?

You must report long term sick leave if it results in salary changes from the level stated on the Certificate of Sponsorship or if the absence becomes unpaid and lasts more than 4 weeks in a calendar year. Paid sick leave within SSP or contractual sick pay does not automatically need to be reported, but sponsors must keep full records. Failure to report where required is a breach of sponsor duties and can result in compliance action.

What are my obligations if a sponsored worker on long term sick leave is unable to return to work?

If a sponsored worker cannot return to work, dismissal may be considered, but only after reasonable adjustments have been explored in line with the Equality Act 2010. Any dismissal must be handled fairly to avoid employment law claims. Once reported, UKVI will curtail the worker’s visa. Sponsors should seek legal advice before dismissing a sponsored worker, as the implications extend to both employment rights and immigration compliance.

How should I communicate with a sponsored worker on long term sick leave?

You should maintain appropriate contact to support the worker’s wellbeing, confirm receipt of fit notes, and keep them updated about their employment and visa position. Regular but proportionate contact helps ensure absences remain authorised and demonstrates to UKVI that the employer is managing the situation properly. All communication should be documented and retained in the worker’s HR file for compliance purposes.

Can I dismiss a sponsored worker on long term sick leave?

Dismissing a sponsored worker on long term sick leave is possible but must be managed very carefully. You must first consider medical evidence, occupational health advice and any reasonable adjustments. If dismissal is the final outcome, you must report this through SMS. UKVI will then curtail the visa, usually to 60 days. An unfair or poorly documented dismissal risks employment tribunal claims and Home Office scrutiny of your HR processes.

What adjustments can I make for a sponsored worker returning from long term sick leave?

Reasonable adjustments may include phased returns, flexible hours, amended duties or workplace adaptations. The duty to make adjustments applies equally to sponsored and settled staff. Recording these discussions and measures is important to demonstrate compliance with employment law and to show UKVI that the role remains genuine and the worker has been supported appropriately.

Does long term sick leave affect the Certificate of Sponsorship (CoS)?

The Certificate of Sponsorship itself is not amended once issued. Instead, sponsors must report any relevant changes through SMS, such as salary reductions or unpaid leave exceeding 4 weeks. UKVI relies on SMS reports and records rather than re-issued CoS documents. Failing to report accurately can damage your sponsor licence rating, even if the worker’s absence was genuine and authorised.

Does long term sick leave affect a worker’s eligibility for Indefinite Leave to Remain (ILR)?

Long term sick leave does not automatically prevent a worker from qualifying for ILR, but extended periods of unpaid leave may disrupt the “continuous residence” requirement. Any prolonged absence from the UK or significant breaks in employment could affect ILR eligibility. Sponsors should warn workers to seek advice if they plan to apply for settlement, as gaps caused by illness may need to be explained and evidenced.

What if a sponsored worker travels abroad while on sick leave?

If a sponsored worker leaves the UK during sick leave, you must consider both immigration and employment implications. Short absences for recuperation abroad may be permissible if properly authorised, but extended overseas absence may disrupt continuous residence for ILR. Sponsors should document approval and reasons for the travel and ensure that the worker’s contractual obligations and visa conditions are not compromised.

What should sponsors do if sickness absence becomes unauthorised?

If a worker fails to provide fit notes or otherwise stops following absence reporting procedures, their leave may become unauthorised. In that case, you must report unauthorised absence of 10 consecutive working days or more to UKVI through SMS. Sponsors should make clear in their sickness policies how escalation works and should retain evidence of communications to demonstrate that the absence was treated fairly before it was reported as unauthorised.

Section H: Glossary

Section I: Additional Resources and Links