Industrial action declaration for migrant members (05/10/2023)

National UCU’s FAQ on migrant members and taking action can be read here.

Branch advice remains that union members including migrant members have no specific legal obligation to declare their participation in lawful industrial action. However, there may be circumstances where it is in your interests to declare your participation, especially if you are a migrant worker.

For members on Skilled Worker/Tier 2 visas, industrial action is a ‘permitted’ absence. This means that an absence or salary reduction due to industrial action is not grounds for a removal of sponsorship or refusal of extension/ILR.

However, the Home Office requires employers to report all absences – including permitted absences – from work for staff on sponsored (Skilled Worker/Tier 2) visas. See this answer for a list of items that your employer is required to report. 

For staff on these visas, UCU strongly suggests keeping a record of your absences, including any industrial action you may have participated in. It is also recommended that you seek confirmation from your employer that any absence due to strike action has been recorded accurately. 

Accordingly, QMUCU recommends migrant members on Skilled Worker/Tier 2 visas to declare strike action and seek confirmation that this has been recorded correctly by HR. If you have reason to believe that your absences have been incorrectly recorded or reported, please get in touch with us.

Migrant members whose visas are not sponsored by their employer may not need to report. For some visa types, like family visas, there might be a salary threshold that members have to consider. If you are currently on a visa that isn’t a Skilled Worker/Tier 2 visa, we recommend you consult these FAQs to check the conditions that apply to your visa type:

Rules for ILR differ with visa type. For Skilled Worker/Tier 2 visa holders, docked pay or absences due to participation in industrial action should not have a negative impact when applying for ILR. UCU’s advice is to seek legal advice immediately if you feel your ILR application has been denied for reasons related to industrial action. 

Global Talent/Tier 1 visa holders do not have a minimum income requirement, and extension/ILR applications are not affected by pay reductions due to industrial action (see relevant link above).

A joint income threshold applies to those on family visas seeking ILR. Immigration rules do not allow for a reduction in the minimum income due to participation in industrial action. If an applicant’s joint income (including their partner’s income) is significantly reduced in the six-month period before making an application, this could impact on the success of an application (see Family visas link above).

Those on humanitarian visas are not legally obliged to work, and therefore pay reduction or absences due to industrial action do not impact extension/ILR applications (see link above)

Visas like the Tier 4/Student visa or Graduate visa do not usually count towards settlement. Holders of these visas will have to switch to another visa type before making an ILR/extension application. 

Please remember that the above does not constitute legal advice, and that UCU’s general advice may not cover every individual circumstance. If you have specific questions or concerns about your situation or if you need evidence of strike participation, get in touch with us.  As always, we extend our solidarity to anyone surviving and fighting the UK hostile environment.

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