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, where required, report relevant changes through the SMS. 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, supporting 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, SSP is the minimum you must pay an eligible employee on sick leave. Since 6 April 2026, SSP is payable from the first full qualifying day of sickness absence for a period of up to 28 weeks. It is paid for the days an employee normally works, called ‘qualifying days’.

For the 2026/27 tax year, SSP is paid at the lower of:

• £123.25 per week
• 80% of the employee’s average weekly earnings.

The previous lower earnings threshold and three waiting days no longer apply to sickness absences starting on or after 6 April 2026. Transitional rules apply where an absence started before 6 April 2026 and continued beyond that date.

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, a fit note will not be required, although you can ask them to confirm the reason for their absence. 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 a sponsored worker may move onto reduced pay or unpaid leave once any contractual sick pay or SSP entitlement has been exhausted. Where a worker is absent without pay or on reduced pay for more than 4 weeks in total during a calendar year, the sponsor must consider the applicable reporting requirements. Sick leave is an exception to the general rule requiring sponsorship to end after more than 4 weeks of reduced or unpaid absence, but the absence and reasons must still be reported through the SMS. This interaction between sick pay entitlement and sponsor 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 while at work, including their mental wellbeing. Employers also need to manage sickness absence fairly and consider what support may be appropriate for 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 appropriate measures to support 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 required by law to facilitate their return to work. Sponsors should also retain sufficient records to evidence that the absence was authorised and properly managed.

a. Maintaining regular contact

There is no general statutory requirement prescribing how often an employer must keep in touch with staff on sick leave. The worker must, however, comply with the employer’s sickness notification procedure and provide a fit note where the absence lasts for more than 7 consecutive days.

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 reasonably necessary to check on their welfare, offer support, address absence-related matters such as sick pay or fit notes and facilitate their return to work. In the immigration context, records of contact may also help to demonstrate that the absence was authorised and being actively managed.

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 or workplace adaptations. If the worker is disabled within the meaning of the Equality Act 2010, you may be under a statutory duty to make reasonable adjustments. Any proposed change to salary, hours or the sponsored role should also be checked against the applicable sponsorship requirements.

In practical terms, you should retain fit notes, self-certification records, records of contact, details of any occupational health referrals and confirmation of any reasonable adjustments in the worker’s HR file. Appendix D does not expressly prescribe all of these documents as mandatory sponsor records, but the Home Office may request evidence relevant to the worker’s attendance, salary and sponsored employment during a compliance check. Failing to retain sufficient evidence can make it difficult to demonstrate that the absence was genuine, authorised and managed in accordance with sponsor duties.

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 periods of sickness absence. This may include fit notes, self-certification records and confirmation of any statutory or contractual sick pay paid, alongside routine absence logs. UKVI compliance officers can request evidence during an inspection, and failure to produce sufficient records can be treated as a breach of your licence duties.

It is not sufficient to rely on payroll data alone, as UKVI may expect to see clear links between absence records, payroll adjustments and reporting through the SMS where relevant. AAppendix D also requires sponsors to retain evidence of salary payments to sponsored workers, such as payslips and evidence of the amount and frequency of payments.

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 does not start the job for which they are being sponsored within the permitted period, 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 that has been authorised under your absence procedures will not normally trigger this report.
• If there are any significant changes to their employment, including a reduction in salary from the level stated on their Certificate of Sponsorship (CoS).
• If they are absent from work without pay, or on reduced pay, for more than 4 weeks in total during a calendar year. Sick leave is an exception to the general rule requiring sponsorship to end, but the period of absence and the reason must still be reported.
• 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, sick leave on reduced pay or without pay for more than 4 weeks does not automatically trigger withdrawal of sponsorship, provided the absence falls within the permitted sick leave exception. Nevertheless, failure to make the required report can be treated as a breach of sponsor duties.

As a practical safeguard, sponsors should ensure that periods of sickness absence are properly documented, with payroll data and supporting records 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 sick leave or certain forms of statutory family leave. Sick leave is also a permitted reason for the worker to remain absent on reduced pay or without pay for more than 4 weeks without sponsorship automatically having to end.

However, you must still report any reduction from the salary stated on the CoS and keep records of the new pay arrangements, including payslips and sick pay calculations. Where the absence on reduced pay or without pay exceeds 4 weeks in total during the calendar year, the period and reason must also be reported through the SMS.

Outside the permitted exceptions, salary must remain at or above the level required under the relevant sponsored route. Any reduction in salary or hours should therefore be checked before it is implemented.

It is also important to ensure that any contractual sick pay provisions are applied consistently across your workforce. A monthly cross-check between payroll and SMS records is recommended so that 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. Administrative oversights, such as failing to report a salary reduction or being unable to explain discrepancies between payroll and absence records, can be used by UKVI as evidence that your HR systems are not reliable.

Where a sponsor is downgraded to a B rating, it will be required to follow an action plan and will generally be prevented from assigning Certificates of Sponsorship to new workers until its A rating is restored. More serious or repeated breaches can result in suspension or revocation.

Revocation can result in sponsored workers having their immigration permission cancelled and the organisation losing its ability to sponsor overseas workers. The length of any cooling-off period before a fresh licence application can be made will depend on the grounds for revocation and the applicable sponsor guidance.

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 relevant changes correctly, keep appropriate 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 in accordance with your sickness procedure and supplied any required medical evidence, should be treated in the same way as any other employee on sick leave. Sickness absence will normally be authorised where it has been properly notified and approved under the employer’s procedures. The key immigration obligations for sponsors are to identify and report any relevant changes 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 contractual sick pay, 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 sick leave and specified forms of statutory family leave, you must retain payroll records and appropriate evidence to show that the reduction was authorised and falls within a permitted category.

Where the worker is absent on reduced pay or without pay for more than 4 weeks in total during a calendar year, the period and reason must also be reported. Sponsorship does not have to be withdrawn where the absence is due to genuine sickness, as sick leave is an exception to the general 4-week rule.

3. Dismissal and visa cancellation

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 within 10 working days. The Home Office will then decide whether to cancel the worker’s remaining immigration permission. Where permission is cancelled, the worker may be left with up to 60 days, or the remaining period of their existing permission if shorter, to make a new application or leave the UK.

From an employment law perspective, dismissal should only be considered after obtaining appropriate medical evidence, consulting with the worker and considering any reasonable adjustments where the worker may be disabled. Any dismissal must be handled fairly to avoid claims of unfair dismissal or disability discrimination under the Equality Act 2010. Sponsors should therefore 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 obligations to notify you of their sickness absence and provide any evidence required under your sickness procedure. A failure to provide an updated fit note does not automatically make an absence unauthorised. You should consider the worker’s explanation, the terms of your sickness policy and any available evidence before deciding how the absence should be treated.

Where the absence is no longer authorised and continues for more than 10 consecutive working days, it must be reported to UKVI. Communicating clearly with sponsored workers about your sickness policy, reporting procedures and the importance of providing timely medical evidence helps protect both the employer’s licence and the worker’s immigration position.

5. Record-keeping and UKVI checks

Sponsors must keep records that allow them to monitor sponsored workers’ attendance and explain any changes to salary or employment. For sickness absence, relevant records may include fit notes, self-certification records, records of contact, occupational health reports where applicable and payroll information showing SSP or contractual sick pay payments.

Appendix D does not prescribe every sickness absence document as a mandatory sponsor record. However, the Home Office may request evidence relevant to the worker’s attendance, salary and sponsored employment during a compliance visit. Failure to produce sufficient records can make it difficult to demonstrate that the absence was genuine, authorised and managed in accordance with sponsor duties.

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 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 important safeguard.

Your sickness policy should not only reflect employment law requirements but also address 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. It should also set out when and in what circumstances sickness absence or related changes 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 applied consistently 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. A late or missing fit note does not automatically make an absence unauthorised, but the employer should follow its absence procedure and consider the worker’s explanation and any available evidence.
• 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 medical evidence and the timeframe within which they must notify you of their sickness absence. Fit notes and related medical records should be stored securely and retained in accordance with the organisation’s data retention policy.
• 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. For sickness absences starting on or after 6 April 2026, SSP is payable from the first full qualifying day, with no lower earnings threshold, at the lower of £123.25 per week or 80% of average weekly earnings, for up to 28 weeks.
• Keeping in touch: how the employer will maintain appropriate contact during sick leave and what is expected of the employee. Records of contact may be relevant during a Home Office compliance check where the sponsor needs to evidence that an absence was authorised and managed.
• Reportable matters: clear guidance on when the employer will need to report sickness-related changes to UKVI. This includes a reduction in salary from the amount stated on the CoS and absence without pay or on reduced pay for more than 4 weeks in total during a calendar year. Sick leave is an exception to the general rule requiring sponsorship to end after that period, but the absence and reason must still be reported.
• Support services: what support is available to staff on long term sick leave, including occupational health schemes, employee assistance programmes or referral procedures.
• Reasonable adjustments: what changes can be made to the working environment or conditions where an individual may be fit for a phased return to work. Sponsors should record all discussions and adjustments made. Any change to the worker’s salary, hours, duties or work location should also be checked against the sponsorship requirements before it is implemented.

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 threshold for absence on reduced pay or without pay.

If a worker repeatedly fails to provide fit notes or comply with sickness procedures, you should address this under your policy and establish whether the absence remains authorised. Where an absence is without permission for more than 10 consecutive working days, it must be reported to UKVI.

A failure to provide medical evidence should not be treated as automatically triggering that reporting duty without first considering the surrounding circumstances.

Best practice also includes diarising reporting deadlines, cross-checking payroll against SMS reports and retaining sufficient supporting evidence for inspection. UKVI may assess whether the sponsor has effective systems for monitoring attendance, salary and changes in sponsored employment. Weaknesses in those systems can contribute to licence downgrading, suspension or revocation.

Summary

Managing long term sickness absence becomes more complicated when the worker is sponsored under a UK visa route. Employers must ensure that their handling of the 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 tribunal claims for unfair dismissal or discrimination, as well as sponsor licence downgrading, suspension or revocation if UKVI determines that absences and related changes were not managed in line with the rules.

Records of absence, salary and any support provided may be relevant during a Home Office compliance inspection. Where pay changes or the worker is absent on reduced pay or without pay for more than 4 weeks in total during a calendar year, the sponsor must consider the applicable reporting duties and make any required report through the Sponsorship Management System within 10 working days. Sick leave is an exception to the general rule requiring sponsorship to end after more than 4 weeks on reduced or no pay, but the absence and reason must still be reported.

If a sponsored worker cannot return to work, dismissal should only be considered after appropriate medical evidence has been obtained, the worker has been consulted and any duty to make reasonable adjustments has been addressed. Once the employment ends, the sponsor must report the termination. The Home Office will then decide whether to cancel the worker’s remaining immigration permission; cancellation and any resulting period of permission are not automatic. Employers should therefore ensure their sickness policies address sponsor duties, reporting deadlines and escalation procedures.

Need Assistance?

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

Sponsored Worker on Long Term Sick Leave FAQs

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

Long term sick leave does not automatically affect a sponsored worker’s visa or require sponsorship to end. Sick leave is a permitted exception to the general rule that sponsorship must normally end where a worker is absent without pay or on reduced pay for more than 4 weeks in total during a calendar year. The sponsor must, however, report any relevant salary reduction and, where the 4-week threshold is exceeded, the period and reason for the absence.

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

Sponsored workers can receive Statutory Sick Pay if they satisfy the normal eligibility requirements. For sickness absences starting on or after 6 April 2026, SSP is payable from the first full qualifying day of absence and there is no lower earnings threshold. For the 2026/27 tax year, SSP is paid at the lower of £123.25 per week or 80% of the employee’s average weekly earnings, for up to 28 weeks.

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

Long term sick leave is not reportable solely because of its duration. A report will generally be required where the worker’s salary is reduced from the amount stated on their Certificate of Sponsorship or where they are absent without pay or on reduced pay for more than 4 weeks in total during a calendar year. An absence without permission must also be reported where it lasts for more than 10 consecutive working days.

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 on capability grounds may be considered after obtaining appropriate medical evidence, consulting with the worker and considering reasonable adjustments where the worker may be disabled. Any dismissal must be handled fairly to reduce the risk of unfair dismissal or discrimination claims. The end of employment and sponsorship must be reported to UKVI within 10 working days.

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

You should maintain appropriate and proportionate contact with the worker, taking account of the nature of their illness and any agreed contact arrangements. Communication may cover their health, fit notes, sick pay, available support and any proposed return to work. Records should be kept of relevant discussions and decisions.

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

A sponsored worker can be dismissed on capability grounds, but long term sickness absence does not in itself make dismissal fair. You should obtain up-to-date medical evidence, consult with the worker, consider the likely prospect of a return and address any duty to make reasonable adjustments. If dismissal is the final outcome, the termination must be reported through the SMS within 10 working days. The Home Office will then decide whether to cancel the worker’s remaining immigration permission.

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

Reasonable adjustments may include a phased return, altered hours, amended duties, home working or workplace adaptations. Any adjustment that changes the worker’s salary, hours, duties or work location should also be checked against the sponsorship requirements. For a Skilled Worker, a temporary reduction in hours and salary for individual health reasons may be permitted where it is supported by an occupational health assessment and the applicable hourly rate requirement continues to be met.

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

The Certificate of Sponsorship is an electronic record and is not normally reissued simply because the worker takes sick leave. Relevant changes, including a salary reduction, absence on reduced or no pay for more than 4 weeks or the end of employment, should instead be reported through the SMS. The sponsor should also retain sufficient records to explain the absence and any related payroll changes.

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

Long term sick leave in the UK does not itself break continuous residence for settlement purposes. The worker must still meet all requirements of the relevant settlement route, including any requirement for the sponsor to confirm that the worker remains required for the foreseeable future and will be paid the applicable salary. Time spent outside the UK while on sick leave may count towards the permitted absence limit and should be checked separately.

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

Travel abroad during sick leave is not automatically prohibited, but it should be authorised and documented in accordance with the employer’s sickness procedure. The sponsor should remain satisfied that the employment continues and that the absence is genuine. Time spent outside the UK may also count towards the worker’s continuous residence absence limit for settlement purposes.

What should sponsors do if sickness absence becomes unauthorised?

A late or missing fit note does not automatically make an absence unauthorised. The sponsor should consider the worker’s explanation, its sickness procedure and any available medical evidence before deciding how the absence should be classified. Where the worker is absent without permission for more than 10 consecutive working days, the absence must be reported to UKVI through the SMS.

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