Question to the Home Office:

To ask the Secretary of State for the Home Department, whether the Government has received representations on (a) Tier 2 and (b) other migrant migrant workers' days of industrial action being classified as unpaid leave.

The Home Office has previously received a number of representations on the general principle of Tier 2 and other migrant workers' days of industrial action being classified as unpaid leave.

It is not the Government’s policy to prevent migrant workers from engaging in legal strike action; and, to date, I am not aware of any case where a migrant worker has had their leave curtailed or been removed as a result of doing so. To put the matter beyond doubt, however, we amended the guidance for Tier 2 and 5 sponsors on 18 July to make clear that there will be no immigration consequences for any migrant worker who takes part in legal strike action.

We will be making a similar change the relevant Immigration Rules at the next available opportunity in the Autumn.