TL;DR: The Home Office has updated its guidance on compassionate leave for sponsored workers, including bereavement leave. Sponsors must now report absences exceeding four consecutive weeks and can keep sponsorship active for an employee on approved compassionate leave for up to 28 calendar days without it counting as a “significant change”.
Introduction
In a move that clarifies responsibilities for UK visa sponsors, the Home Office has formally updated its policy on granting compassionate leave to sponsored workers. This change replaces previous informal practices and discretionary case-by-case assessments with a more structured framework. The update directly addresses a common scenario for employers managing an international workforce: how to handle visa sponsorship when a worker faces a personal or family crisis. The revised guidance provides specific definitions, timeframes, and reporting obligations, aiming to offer both clarity for sponsors and protection for affected workers during difficult periods.
What is Compassionate Leave?
In the context of UK immigration sponsorship, compassionate leave refers to a period of authorised absence from work granted to a sponsored employee due to an unexpected, urgent, or distressing personal or family event. This typically includes circumstances such as the serious illness or death of a close family member. The updated policy explicitly defines bereavement leave as a subset of compassionate leave. The Home Office states that sponsors have the discretion to grant this leave based on the individual circumstances of their employee, provided they adhere to the new compliance rules for reporting and record-keeping.
Key Changes in the Updated Compassionate Leave Policy
The April 2024 policy update introduces several specific changes that all sponsors must now follow. Previously, the handling of such absences was less defined, often leading to uncertainty about reporting duties and the risk of accidentally breaching sponsorship duties.
A core change is the introduction of a 28-calendar-day grace period. According to the updated guidance, if a sponsored worker is granted compassionate leave, the sponsorship can remain live, and the worker can stay in the UK on their existing visa, for up to 28 calendar days. Crucially, this period does not count as a “significant change” in the worker’s circumstances that sponsors are normally required to report within 10 working days.
However, this grace period comes with a critical condition: the absence must be approved and recorded by the sponsor as compassionate leave. Any unpaid leave that does not meet the definition, or any absence that extends beyond the 28-day threshold, triggers different reporting obligations.
Reporting Requirements: What Sponsors Must Do
This is where the policy’s new compliance mechanics become clear. Sponsors must understand two distinct reporting triggers related to worker absence.
Firstly, all periods of unpaid leave, including compassionate leave, must be reported via the Sponsor Management System (SMS) if they total more than four weeks in any calendar year. This is an existing rule that remains in force.
Secondly, and this is the new, specific requirement for compassionate leave: if the approved compassionate absence exceeds 28 consecutive calendar days, sponsors must report this as a “significant change” using the SMS. This report is due within 10 working days of the 28th day of absence. Failure to report on time is a breach of sponsorship duties and can lead to compliance action from the Home Office.
Furthermore, sponsors are required to keep detailed records of the compassionate leave granted, including the reasons for it and the dates covered. These records must be available for inspection by Home Office compliance officers.
Why Does This Policy Update Matter for Sponsored Workers?
The formalisation of this policy provides greater security and clarity for sponsored workers facing personal emergencies. In the past, workers might have been hesitant to request necessary time off for fear of jeopardising their immigration status or causing complications for their employer.
The updated rules create a recognised, compliant pathway for workers to take time to deal with a crisis without immediate immigration consequences. It allows them up to four weeks where their right to work and remain in the UK on their current visa is protected, provided their sponsor follows the correct procedures. This change acknowledges the realities of global mobility and the personal circumstances of an international workforce, aiming to prevent situations where individuals must choose between their visa status and their family obligations.
Implications for Sponsors & Employers
The primary impact for organisations holding a sponsor licence is an increased need for clear internal HR policies and robust administrative processes. Employers must now:
- Establish clear criteria for what constitutes compassionate leave within their organisation, aligning with the Home Office definition.
- Train HR and line managers on the new 28-day rule and the critical reporting deadlines that follow.
- Ensure their systems can accurately track and flag unpaid leave, especially compassionate leave, to prevent missed SMS reporting deadlines.
- Update sponsored workers on their rights under this policy to manage expectations and demonstrate compliance.
While the policy offers more flexibility, it also places the onus on sponsors to manage it correctly. Incorrect handling—such as failing to report an absence exceeding 28 days or not keeping proper records—can be viewed as a sponsorship compliance failure.
Key Takeaways
- The Home Office has formalised its policy on granting compassionate leave, including bereavement leave, to sponsored workers.
- Sponsors can keep sponsorship active for a worker on approved compassionate leave for up to 28 calendar days without reporting it as a significant change.
- If compassionate leave exceeds 28 consecutive days, sponsors must report this as a significant change in the worker’s circumstances within 10 working days of the 28th day.
- All unpaid leave exceeding four weeks in a calendar year must still be reported via the Sponsor Management System.
- Sponsors are required to maintain detailed records of any compassionate leave granted for compliance inspections.
Conclusion
The update to the compassionate leave policy represents a significant step in aligning the UK’s sponsorship system with the practical needs of businesses and their internationally mobile employees. By providing a structured, time-bound framework, it offers sponsors clear rules to follow and gives sponsored workers important protections during times of personal difficulty. For sponsors, adherence to the new reporting timelines and record-keeping requirements is essential to maintain compliance. This policy change underscores the Home Office’s move towards more defined processes within the Points-Based System, requiring sponsors to be increasingly diligent in their management of sponsored staff.