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Maternity leaves calculation

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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Leeds_user
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Maternity leaves calculation

Post by Leeds_user » Wed Feb 12, 2020 10:20 pm

Hi all,

My wife is about to apply for her ILR via T2 General visa route. We have few questions and will appreciate your response :

1. My wife was on maternity leave 2 yrs ago for about 10 months and for one of those month she did nothing received any salary at all (and she received SMP for couple months). Does that qualifies as Leave without pay and should then be clearly specified in the employer letter? Does this has any bearing on the application for ILR?
2. Just to confirm on this. Say if the visa was issued on 25 Feb 2015, we can apply for ILR 4 weeks earlier than 25 Feb 2020. Does this means submission of app has to happen on or after this date or that I should take the biometric appointment on or after this date?
3. In the application form, there's a section that talks about "countries lived in". Do I have to specify any countries which I visited purely for tourism purposes too?
Even before we were sponsored by current employer, we were living in U.K. On another visa and continued to go back to India for holidays, does that needs mentioning in the form too? I am bit confused on the objective of the question really. Any help here would be great.

REGARDS

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zimba
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Re: Maternity leaves calculation

Post by zimba » Thu Feb 13, 2020 3:27 am

Leeds_user wrote:
Wed Feb 12, 2020 10:20 pm
1. My wife was on maternity leave 2 yrs ago for about 10 months and for one of those month she did nothing received any salary at all (and she received SMP for couple months). Does that qualifies as Leave without pay and should then be clearly specified in the employer letter? Does this has any bearing on the application for ILR?
She needs to submit extra documents. Read the Tier 2 guide: https://assets.publishing.service.gov.u ... FINAL1.pdf
2. Just to confirm on this. Say if the visa was issued on 25 Feb 2015, we can apply for ILR 4 weeks earlier than 25 Feb 2020. Does this means submission of app has to happen on or after this date or that I should take the biometric appointment on or after this date?
You are required to submit your application when you are eligible
3. In the application form, there's a section that talks about "countries lived in". Do I have to specify any countries which I visited purely for tourism purposes too?
Even before we were sponsored by current employer, we were living in U.K. On another visa and continued to go back to India for holidays, does that needs mentioning in the form too? I am bit confused on the objective of the question really. Any help here would be great.
This is not about countries you visited. This question is not important
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Leeds_user
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Re: Maternity leaves calculation

Post by Leeds_user » Thu Feb 13, 2020 9:50 am

Hi, regarding the additional documentation that is required due to loss of pay in maternity, my understanding after reading section 242 of the form is that it is acceptable to be absent of work without pay on statutory maternity leave? Please can you guide me to specific section which talks about additional supporting document requirement?

Leeds_user
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Re: Maternity leaves calculation

Post by Leeds_user » Thu Feb 13, 2020 9:53 am

Regarding the 3rd question on countries I lived in, shall I say India upto the point my wife travelled to UK and then continued to live in UK or shall we rather leave this as blank?

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Re: Maternity leaves calculation

Post by zimba » Thu Feb 13, 2020 2:50 pm

Leeds_user wrote:
Thu Feb 13, 2020 9:50 am
Hi, regarding the additional documentation that is required due to loss of pay in maternity, my understanding after reading section 242 of the form is that it is acceptable to be absent of work without pay on statutory maternity leave? Please can you guide me to specific section which talks about additional supporting document requirement?
It is under Specified Documents - settlement
Leeds_user wrote:
Thu Feb 13, 2020 9:53 am
Regarding the 3rd question on countries I lived in, shall I say India upto the point my wife travelled to UK and then continued to live in UK or shall we rather leave this as blank?
Just mention India
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Leeds_user
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Posts: 27
Joined: Sat Jul 13, 2019 5:35 am
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Re: Maternity leaves calculation

Post by Leeds_user » Thu Feb 13, 2020 3:42 pm

Zimba wrote:
Thu Feb 13, 2020 2:50 pm
Leeds_user wrote:
Thu Feb 13, 2020 9:50 am
Hi, regarding the additional documentation that is required due to loss of pay in maternity, my understanding after reading section 242 of the form is that it is acceptable to be absent of work without pay on statutory maternity leave? Please can you guide me to specific section which talks about additional supporting document requirement?
It is under Specified Documents - settlement

Hi, sorry if I am going tangent here but all those sections talk of the scenario where you are currently on maternity. My wife was on maternity about 18 months ago and joined back 6 months ago. Since joining back she has been getting salary as normal. Are we still required to submit additional document because one of the month while she was on maternity she did not get any salary at all?
Leeds_user wrote:
Thu Feb 13, 2020 9:53 am
Regarding the 3rd question on countries I lived in, shall I say India upto the point my wife travelled to UK and then continued to live in UK or shall we rather leave this as blank?
Just mention India

Leeds_user
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Posts: 27
Joined: Sat Jul 13, 2019 5:35 am
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Re: Maternity leaves calculation

Post by Leeds_user » Thu Feb 13, 2020 4:08 pm

I need to learn how to use the quotes properly, but here's what I was trying to say with regards to the additional document-

"Hi, sorry if I am going tangent here but all those sections talk of the scenario where you are currently on maternity. My wife was on maternity about 18 months ago and joined back 6 months ago. Since joining back she has been getting salary as normal. Are we still required to submit additional document because one of the month while she was on maternity she did not get any salary at all?"

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Re: Maternity leaves calculation

Post by zimba » Thu Feb 13, 2020 4:39 pm

I suggest to get a employer letter regrading maternity. I'd say it should not affect ILR
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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