Your immigration status does not affect your right to maternity or paternity leave in the UK. If you meet the employment and earnings requirements, you are entitled to the same statutory benefits as any UK worker — regardless of nationality or visa type.
Statutory Maternity Leave
All employed women in the UK are entitled to up to 52 weeks of Statutory Maternity Leave — regardless of how long they have worked for their employer. The leave is split into two halves: the first 26 weeks (Ordinary Maternity Leave) and the last 26 weeks (Additional Maternity Leave). You must tell your employer at least 15 weeks before your due date.
Statutory Maternity Pay (SMP)
SMP is paid for up to 39 weeks. To qualify, you must have been employed by the same employer for at least 26 weeks by the 15th week before your due date, and earn at least £123/week (2026 lower earnings limit). If you qualify:
- First 6 weeks: 90% of your average weekly earnings (no cap)
- Remaining 33 weeks: £184.03/week or 90% of your earnings — whichever is lower
- SMP is paid by your employer, who then claims most of it back from HMRC
💡 Tip
If you do not qualify for SMP (e.g. self-employed or recently changed jobs), you may still qualify for Maternity Allowance — up to £184.03/week for 39 weeks — paid directly by DWP. Apply at gov.uk/maternity-allowance.
Statutory Paternity Leave
Employed fathers and partners are entitled to 1–2 weeks of Statutory Paternity Leave. To qualify, you must have worked for your employer for at least 26 weeks by the 15th week before the due date. Statutory Paternity Pay (SPP) is paid at £184.03/week or 90% of your average weekly earnings — whichever is lower.
Shared Parental Leave (SPL)
If the mother returns to work early, both parents can share up to 50 weeks of leave and up to 37 weeks of pay between them. SPL is flexible — you can take it in blocks or all at once, and both parents can be on leave at the same time. It is an underused right that is worth exploring if one parent is the higher earner.
Does your visa type affect your entitlement?
Your visa type does not affect SMP, SPP or maternity leave rights — these are employment rights, not immigration entitlements. However, No Recourse to Public Funds (NRPF) conditions on some visas may prevent you from claiming Maternity Allowance (which is a benefit paid by DWP). If you have NRPF, check your visa conditions carefully.
- Skilled Worker visa: full entitlement to SMP and maternity leave ✓
- Student visa: if you are also employed, SMP rights apply ✓
- Spouse/Family visa: may have NRPF — Maternity Allowance may not be payable
- BNO / Global Talent / Graduate visa: full entitlement ✓
Free NHS maternity care
All pregnant women in the UK are entitled to free NHS maternity care regardless of immigration status. This includes antenatal appointments, scans, labour and delivery, and postnatal care. You do not need to have paid the Immigration Health Surcharge to access maternity care — it is always free.
Understand what benefits you are entitled to as an immigrant in the UK
NRPF Explained →