Strike advice for Visa holders

It is not easy to issue general advice given the nature of the law. However, UCU is not aware of any individual case where participating in lawful industrial action has had an impact upon a member’s visa status. For staff employed under a Tier 2 visa, you should be aware that your sponsor is required to report unauthorised absence (such as strike action) if it continues for more than 10 consecutive days. This does not mean your visa will be revoked, just that your sponsor must inform the appropriate government department. UCU has called fourteen days strike action including two sets of five consecutive working days, but the action does not require you to be absent from work for ten consecutive days or more. However, giving general advice is not straightforward since Tier 2 sponsored staff also cannot be absent from work without pay for more than four working weeks (other than due to maternity, paternity, shared parental leave or long term sickness) in total in any one year from 1 January until 31 December. If you have already taken a period of unpaid leave for other reasons you will need to consider your own position as to whether your participation in industrial action may take you over the permitted threshold. Members with Tier 4 status, typically students, have the same legal right to take industrial action as resident workers – e.g. do long as are eligible employees. The sponsor, is however required to report unauthorised absences of more than 10 consecutive working days to the Home Office. The Home Office considers industrial or strike action as an unauthorised absence. So if you take industrial action for more than 10 consecutive days, or if you miss 10 or more ‘expected contacts’ without permission, your sponsor must report this to the Home Office, and your sponsorship will be revoked. Your sponsor is required to keep a record of all unauthorised absences, so they will need to be notified once it is confirmed that you have undertaken strike action. UCU is committed to supporting all our members in this industrial action so if you are worried about the impact of the strikes upon your status, contact Matt Waddup for further advice and guidance.