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PBS T2 General to ILR - Maternity Leave

Posted: Mon Mar 20, 2017 7:54 pm
by supukura
Hi,

I am on T2 general visa and have recently started my new employment and in my probation period. I am eligible for ILR in February 2018 and my employer is supportive of my ILR application.

I discovered that I am pregnant and may need to go to Maternity leave around October 2017. This means I will not be eligible for my maternity pay and will be on unpaid maternity leave for about 4 to 6 months.

I have few questions on how will this impact my ILR application and am hoping the forum will be able to help me:
- Can I apply for ILR (am I eligible for ILR) when I am on unpaid maternity leave as long as my company issues me a letter supporting ILR?
- I understand for calculation of income for eligibility for ILR, I can calculate a consecutive 12 months period in last 15 month. So, I can avoid 4-6 months when I am on unpaid maternity leave. Please, can you confirm if my understanding is correct?
- If my probation is extended, can it impact my ILR application in any way?

Thanks in advance!

Re: PBS T2 General to ILR - Maternity Leave

Posted: Tue Mar 21, 2017 8:59 am
by iworker
yes.
you need to have a salary of £35k plus.
they will only look at your salary just before you went on maternity leave.
As long as your current salary is over 35k, you should be fine.

Re: PBS T2 General to ILR - Maternity Leave

Posted: Tue Mar 21, 2017 10:35 am
by supukura
Thanks for your reply!

Would you also be able to provide your opinion on the Maternity Allowance? Are non-EEA nationals eligible to claim Maternity Allowance(MA) if they are not able to receive Statutory Maternity Pay (SMP) from the employer? and Is MA classed as a recourse to public fund?

Re: PBS T2 General to ILR - Maternity Leave

Posted: Tue Mar 21, 2017 11:23 am
by iworker
i personally believe that MA is a benefit and non EU people are not eligible for this.
I think so as it has an impact on your other benefits.. which in turn means it is also a benefit.
However, i might be wrong.