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Mat. pay, IDL & new rules

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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jamesr
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Joined: Sun Sep 27, 2015 9:31 am

Mat. pay, IDL & new rules

Post by jamesr » Sun Sep 27, 2015 9:59 am

Thanks everyone, we have a few inter-related issues here.

On 18/04/16, I will have worked for 5 years in the UK on a tier 2 visa. I want to apply for IDL. I am a Hong Kong citizen

q1) can i apply for IDL 28 days early, e.g. 20/03/15?

At present I earn 34,000, and am expecting a pay rise that will take me to 35,200 in December 2015.
My understanding of new rules coming into effect on 6/4/15 is that I need to earn 35,000.

q2) does anyone have any evidence that if I apply 28 days early, my application will be considered under the new rules (6/4/15), or the original rules.

However, I'm going on maternity leave in Dec 2015. So in terms of pensions etc, even if I am on 35,000, this won't show in my paychecks(?)

My plan is that my employer would write a letter stating that my salary is 35000.

q3) does anyone know if this needs to be signed by someone particular? e.g. a director, HR manager, wet signature, seal? Or more generally, how do i make this letter as convincing as possible?

q4) because I don't want to surrender my passport for an extended amount of time, i'll probably pay the extra fee for same day service. If my application is declined, how expensive is it to re-apply/appeal once mat leave finishes and i'm on (hopefully) 35,000

q5) last year i married a UK passport holder. the route to IDL for this is 5 years, so it is quicker for me to simply apply through my work entitlement. I've not changed my name, so am planning on putting myself as Ms. does anyone forsee any difficulty?

My baby will have a British passport, but don't want the gov to think i'm desperately applying for IDL so my kid can get some passport/bennefit. Similarly, I don't want to give the gov any cause for confusion, so was not planning on telling them about my marriage. It would be a disaster, if after working here for 5 years, some intern tells me now I'm married, I have to wait another 5 years before I can apply for IDL...

Grateful for anyone who has access to experience/evidence that i do not !!

Many thanks,

iworker
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Posts: 2029
Joined: Thu Aug 09, 2012 2:11 pm
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Re: Mat. pay, IDL & new rules

Post by iworker » Mon Sep 28, 2015 9:22 am

first thing is, you should relax.
without being critical of govt in hong kong, the uk immigration system does not work that way.
But the virtue of your visa, you are legal here and can marry, have kids or be in a relationship with anyone whenvever you want.
Since you will have 35k salary, you will be fine. Make sure it is for right amount of working hours/week as well. The ukvi 35k salary is based on 39 hours, as long as you are working 39 hours or less, you will be fine.
you need a letter from someone, within the company stating your salary, and that you are on maternity leave. it is absolutely fine to be on maternity leave and get maternity pay. HR person is fine. U just need to make sure that the letter says that u will be returning back to work after materenity leave and that you are still needed at work.
you baby, his passport, or anything has got nothing to do with your extension, ILR application. U just need to relax and enjoy your maternity leave and baby.
hoe all goes well.

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