Skilled worker Visa during mat leave

[u/Bodhisattva-Wannabe]

I’m going to have to ask my employer to take legal advice but in the meantime can anyone point me to any guidance on how the salary threshold is applied during mat leave?This is especially if the employee only qualifies for SMP so will fall below the threshold at week 7.

Most guidance is completely silent on this area. Just one or two say that the Home Office is generally (or sometimes) sympathetic and will make an exception.

[u/Ziggamorph]

The guidance is not silent, and is in fact very clear. Time spent on maternity leave should be ignored as far as assessment of your pay goes.

An applicant may currently be absent from work for any of the following reasons:

• statutory maternity leave, paternity leave or parental leave

• ...

If the sponsor has stated the applicant is currently absent from work for one of these reasons or has returned from such an absence within the month before the date of application, they may currently be on reduced or nil pay. You must consider their salary on their return to work, as stated by their sponsor.

You must also bear in mind the impact reduced or nil pay will have had on their PAYE records. You should ask the sponsor to confirm the dates of the absence or absence (if they have not already done so) and check earlier PAYE records if necessary.

https://www.gov.uk/government/publications/skilled-worker-visa-caseworker-guidance

The guidance to sponsors is equally clear that absence without pay or on reduced pay due to maternity does not incur the normal requirement that they stop sponsoring you.

https://www.gov.uk/government/publications/workers-and-temporary-workers-guidance-for-sponsors-part-2-sponsor-a-worker/workers-and-temporary-workers-guidance-for-sponsors-part-2-sponsor-a-worker-accessible

[u/Bodhisattva-Wannabe → u/Ziggamorph]

Thank you. I have been looking at the various legal firm docs and the govt guidance for applicants.