Is the company going to transfer you to 0.8 full-time equivalent next year, or are you going to take maternity leave starting next month, with your salary dropping to the legal standard? Did those years you've endured so far all go in vain?
It won't be in vain. The five-year timing and salary requirements are two separate sets of rules: one is written in Appendix Continuous Residence, which only concerns your status and departure; the other is written in Appendix Skilled Worker's SW 24, which only concerns the day you submit your application. Only by mixing them together would you reach the conclusion that "a salary cut means starting over." The following seven points are arranged in the order most people would encounter.
The five-year countdown did not reset during the months of salary reduction.
1|Continuous residence only reviews two things: whether there has been a gap in legal status during these five years, and whether the number of days not present in the UK for any 12-month rolling period exceeds 180 days. Salary level, working hours, or whether leave was taken are not on this checklist.
2 | The real key is on the day of submission. SW 24 requires that the annual salary at the time of applying for permanent residency is either £41,700 or the higher of the going rate for this SOC occupation. The new entrant discount, PhD discount, and the lower end of the Immigration Salary List do not apply at this stage of permanent residency. A salary reduction in the third year does not affect it, but if the salary has not been restored by the day of submission in the fifth year, it will have an impact.
3|As of April 8, 2026, the "Annual Average Achievement" algorithm is no longer valid. HC 1691 (published on March 5, 2026) inserted SW 14.3B into the Appendix for Skilled Workers, requiring that salary be paid at least once per pay period and assessed on a per-period basis. Previously, it was possible to pay less in the early months and compensate with bonuses at year-end, but now each pay period can be examined individually, and variable bonuses cannot make up for shortfalls in base salary afterwards.
When negotiating a salary reduction, ask the employer two numbers: what is the new annual base salary, and from which pay period will it take effect. These two numbers determine visa compliance, not just income.
Man-hours cut to 0.8, going rate follows the decrease, £41,700 does not follow the decrease
4|The easiest pitfall in part-time work is this asymmetry. going rate is based on 37.5 hours per week, calculated according to the contract hours, with a maximum of 48 hours per week; however, the cash floor of £41,700 is the full-time equivalent amount, non-discounted, and the hourly rate floor of £17.13 is also non-discounted. For example: a position has a going rate of £35,000, and you convert it to 0.8 FTE, which is calculated as £28,000, which seems to pass easily, but the cash floor still requires you to take £41,700. Converted back, the full-time annual salary needs to be £52,125, and after converting to 0.8 FTE, it just barely meets the limit.
5|Unpaid leave can be up to four weeks per year (proportionally reduced for part-time employees). If it exceeds this limit, employers are generally required to stop providing sponsorship. Exceptions include statutory maternity leave, paternity leave, shared parenting leave, adoption leave, newborn care leave, and sick leave with medical certification, as well as legally organized industrial actions and participation in humanitarian or environmental crisis relief. The current guidance for employers also provides a discretionary clause for "urgent or special circumstances." Please confirm which category you fall into before taking an extended unpaid leave.
6 | Changing the occupation code or employer is another matter. , simply reducing salary and working hours with the same occupation code usually does not require reapplying for a visa; the employer can report it on SMS within the specified period. Once the SOC code or sponsor changes, a new CoS must be submitted for the change of employment application; if the new position's salary does not meet the requirements, the application will be rejected directly.
Can I submit a permanent residency application during maternity leave?
7 | It can be submitted, but the employer's letter must be correct. During the maternity leave period, if the income drops to the legally mandated maternity leave wage or even zero, this is an acceptable situation, and the employer must report the change on time. When applying for permanent residency, ask the employer to clearly state three things in the letter: that the maternity leave is an approved statutory holiday, the start and end dates, and if there is no legal salary reduction, what your annual salary should have been. The case officer will assess this based on your salary level after you return to work. Some people also attach pay slips from the six months before the maternity leave as evidence.
This article is for reference only. For specific issues, please consult a licensed attorney.
[Data Source] GOV.UK: Immigration Rules Appendix Skilled Worker (SW 14, SW 24), Appendix Continuous Residence, Statement of Changes HC 1691 (5 March 2026), Skilled Worker caseworker guidance (3 August 2026 edition), Sponsor a Skilled Worker sponsorship guide current version. Fees and thresholds are subject to the latest announcement of GOV.UK.
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