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ILR financial Requirements - Unpaid leave after maternity leave?

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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ppchan2
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ILR financial Requirements - Unpaid leave after maternity leave?

Post by ppchan2 » Sat Sep 07, 2019 8:48 pm

Hi,

I need some advice regarding my ILR application.

My husband is British & we have a one year old son now. I first entered UK on 20 December 2014 & my current further leave to remain expiring on 3rd December 2019. So there’s only a very short time frame for me to apply for ILR before my visa expires. I hope to get thing correct this time round & not having to be forced down the 10 year route.

However I’m concerned about over meeting the financial requirement as I’m currently on a further 6 month unpaid leave from my current employer of 4 years after finishing my maternity leave in end August. So by end Nov, although I’m still employed, I’m on unpaid leave to take care of my son myself. Will it affect my eligibility to use my payslips 12 months prior to the start of my maternity leave?

My husband is just starting a new job in mid of this month, so by end Nov, he has less than 6 months with this new company. He used to be commuting to Europe and living in UK at the same time in his previous job which makes it complicated to use his payslips which we need to translate into English and not easy to get a letter from previous employer to confirm authenticity of payslips. That’s why using my employment to meet financial requirement is much more simplified.

However, I’m worried that my unpaid leave status may affect my eligibility. Any advice what I should do?

By the way, I also just got my ILR refused because I applied too early, having mistakenly thinking that my 5 years started from entry clearance issue date, using the wrong guidance in calculating continuous period. I should come to this forum earlier before I applied! They now offer me a further leave to remain for 30 months but I’m not sure if it’s a 5 year route or 10 year route.

Should I pay the IHS now to get this further leave to remain and apply next Feb when my husband has already worked more than 6 months with this company? What if they put me on a 10 year route?

When I applied in end August, I was still under maternity leave, I think I am still qualified to use my payslips before maternity leave. But I don’t think they even considered this and straightaway wanting to put me on a 10 year route base on my child being British after refusing my ILR?

Can anyone help me with some advice??

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seagul
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Re: ILR financial Requirements - Unpaid leave after maternity leave?

Post by seagul » Sat Sep 07, 2019 9:31 pm

ppchan2 wrote:
Sat Sep 07, 2019 8:48 pm


However I’m concerned about over meeting the financial requirement as I’m currently on a further 6 month unpaid leave from my current employer of 4 years after finishing my maternity leave in end August. So by end Nov, although I’m still employed, I’m on unpaid leave to take care of my son myself. Will it affect my eligibility to use my payslips 12 months prior to the start of my maternity leave?

Yes it will affect because only incase of maternity leave you can use your income prior to the commencement of maternity leave.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Zimba
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Re: ILR financial Requirements - Unpaid leave after maternity leave?

Post by Zimba » Sun Sep 08, 2019 2:01 pm

See my response to a similar query: indefinite-leave-to-remain/set-m-financ ... 88383.html
Also do not pay the IHS as that will put you under the 10 year partner route :!:
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

ppchan2
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Malaysia

Re: ILR financial Requirements - Unpaid leave after maternity leave?

Post by ppchan2 » Sun Sep 08, 2019 9:39 pm

I have a letter to say I go back to work from maternity in sept. And my employment letter won’t indicate I’m on unpaid leave. Will the UKVI contact my employer to confirm my employment when I’m already provide a official letter?
seagul wrote:
Sat Sep 07, 2019 9:31 pm
ppchan2 wrote:
Sat Sep 07, 2019 8:48 pm


However I’m concerned about over meeting the financial requirement as I’m currently on a further 6 month unpaid leave from my current employer of 4 years after finishing my maternity leave in end August. So by end Nov, although I’m still employed, I’m on unpaid leave to take care of my son myself. Will it affect my eligibility to use my payslips 12 months prior to the start of my maternity leave?

Yes it will affect because only incase of maternity leave you can use your income prior to the commencement of maternity leave.

ppchan2
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Posts: 6
Joined: Sat Sep 07, 2019 4:12 pm
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Re: ILR financial Requirements - Unpaid leave after maternity leave?

Post by ppchan2 » Sun Sep 08, 2019 9:56 pm

Thanks for your link. So I don’t have to provide any payslips for Sept-Nov before the application date when I meant to go back to work?
If I am to find a new job before I apply, will it help in my application?
Thanks, I won’t pay the IHS now, it’s just forcing me down the 10 years route & reset everything, right?

Zimba wrote:
Sun Sep 08, 2019 2:01 pm
See my response to a similar query: indefinite-leave-to-remain/set-m-financ ... 88383.html
Also do not pay the IHS as that will put you under the 10 year partner route :!:

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Zimba
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Re: ILR financial Requirements - Unpaid leave after maternity leave?

Post by Zimba » Sun Sep 08, 2019 11:42 pm

As I showed, you can rely on the 6 months right before your maternity started instead. You should avoid the 10 year route
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

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