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Changes to ILR during Maternity leave

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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dia
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Joined: Tue Dec 06, 2011 8:44 pm

Changes to ILR during Maternity leave

Post by dia » Mon Dec 26, 2011 9:09 am

Dear Immigrationboards team,

Thanks in advance for maintaining and providing such a great query platform.

I am on Maternity leave(ML) since Oct 2011,getting paid currently with my Statutory maternity pay (SMP) and due for ILR in March 2012.
I am Main applicant having Tier 2(ICT) , initially had work permit. I am still employed with my current employer and planning my ML to be continued for next 9 months.My employer will provide letter confirming my employment status with annual salary status .

My Questions are based on new changes from 31-Oct-11 onwards ,making it mandatory for WP / Tier2 migrants to provide one payslip and a corroborating bank account statement to reflect payment at the rate specified in COP, in addition to the letter from the employer.
http://www.ukba.homeoffice.gov.uk/sitec ... ment-t2-wp(as Retrieved from this Forum)

(Q.1) Am I eligible for ILR during my maternity leave, post this changes? If yes could you please confirm what documents are required alongwith letter from employer( if there is any specific format for letter to be issued by employer )

(Q 2)I initially had Work permits consecutively for 1 year, extended for two years, and latter was granted visa under tier 2 on April 2010 ;allocated and classified under SOC (standard occupational classification) matching my job code at that time for minimum salary criteria fitment.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I am currently on the same salary as during my visa renewal to tier 2(ICT), so during my ILR are there any new minimum salary requirements applicable vis a vis matching my Job code/ SOC ; if yes where can I find the document to match if i draw minimum salary ?

thanks in advance.

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Mon Dec 26, 2011 11:52 am

The Immigration Rules say, in rule 134(v) :-
the applicant provides the specified documents as set out in the application form for settlement and accompanying guidance to evidence the employer's certification in sub-section (iv)
-: so we actually need to look at the form SET(O) to see the requirement.

dia, have you read that form? Especially if not I suggest you download a copy and have a good read. In particular go to Section 9 and read A2, A3 and A4.

Also, the change from 31.10.11, it does not appear to be a requirement that the "full pay" payslip you supply is post-31.10.11 .... merely that you need to supply one "full pay" payslip when making the application post-31.10.11.
John

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