Overview
A sponsor cannot grant unlimited unpaid leave to a sponsored worker and treat sponsorship as continuing indefinitely. The Home Office applies a cumulative 4-week threshold on unpaid absence, measured across any 12-month period. Going beyond 4 weeks of unpaid absence, outside of specific exceptions, is a reportable change of circumstances and may trigger curtailment of the worker's leave.
The 4-week threshold
Unpaid leave of 4 weeks or less in any 12-month period does not trigger a reporting obligation, provided it is authorised by the sponsor and the worker returns to their sponsored role. Beyond 4 weeks cumulative, the absence is reportable within 10 working days of the breach, and the Home Office may curtail the worker's visa.
The threshold is cumulative, not consecutive. A worker who takes 2 weeks of unpaid leave in June and another 3 weeks in September has exceeded the threshold and the second period must be reported.
Exceptions
The following periods of unpaid absence do not count toward the 4-week cumulative threshold:
Statutory maternity, paternity, shared parental, or adoption leave
Sickness absence certified by a doctor, which is assessed separately under the sickness rules
Jury service
Emergencies such as serious illness or bereavement involving an immediate family member, provided the absence is short
Authorised unpaid leave falling within a planned business closure such as a Christmas shutdown
What to report and when
If a worker's unpaid absences exceed 4 weeks cumulatively in any 12-month period, the sponsor must report this within 10 working days of the breach via the Sponsor Management System. The report should set out the dates, the reason, and the anticipated return to work.
Curtailment discretion
The Home Office has discretion over whether to curtail the worker's leave following a breach. Factors it will consider include the length of the absence, the reason, whether the worker has returned to the sponsored role, and the sponsor's overall reporting record. Not every breach ends in curtailment, but every breach must be reported.
Police bail and involuntary absences
Absences caused by police bail conditions, remand, or similar involuntary situations should still be reported as unpaid absence once the 4-week threshold is reached. The sponsor should not continue to pay the worker for periods they have not worked and cannot work.
Record-keeping
Sponsors must keep a record of all absences for each sponsored worker, including the dates, whether paid or unpaid, and the reason. Absence records are reviewable during a Home Office compliance visit and must be produced on request.