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Maternity leave & DCPR application

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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demiane
Newly Registered
Posts: 25
Joined: Fri Oct 30, 2015 2:07 pm

Maternity leave & DCPR application

Post by demiane » Wed May 16, 2018 9:40 pm

Hi everyone,

I would like to know if there is an EEA citizen here in the forum (or if anyone knows of one) who took 52 weeks maternity leave within the 5 year qualifying period and was successful in their application for a document certifying PR.

My situation is a bit complex. My contract ended during my maternity leave but I kept receiving statutory maternity pay from my employer, as I should have done under the current law (overall I received maternity pay for 9 months). I then returned to work with another employer exactly 12 months after the start of my maternity leave (they offered me the job before I went on maternity leave).

I have seen previous posts saying that a 52 week (12 month) period away from work due to pregnancy/childcare is considered reasonable period to maintain your status as a worker. I am aware of the Saint-Prix case and the Upper Tribunal (SSWP v SSF) decisions. However, I read the guidance document, which I believe is given to HO caseworkers (European Economic Area nationals: qualified persons, version 4), and specifically the section about retaining worker status following pregnancy (pages 15-16). This confused me as it seems that they may consider 26 weeks (~6 months) as a reasonable period. Anyone knows if this is the case?

Thank you.

demiane
Newly Registered
Posts: 25
Joined: Fri Oct 30, 2015 2:07 pm

Re: Maternity leave & DCPR application

Post by demiane » Fri May 18, 2018 12:22 pm

No one? Really? That's not very promising...Could the moderators advice on this or maybe provide successful examples?

Mugen
Junior Member
Posts: 88
Joined: Sun Oct 01, 2017 4:27 pm
Ukraine

Re: Maternity leave & DCPR application

Post by Mugen » Fri May 18, 2018 3:55 pm

My partner was on her maternity leave for around 8 month during 5 year period and then successfully got her PR.

demiane
Newly Registered
Posts: 25
Joined: Fri Oct 30, 2015 2:07 pm

Re: Maternity leave & DCPR application

Post by demiane » Mon May 21, 2018 9:02 am

Thank you,

It's good to know that they accept maternity leave periods more than 6 months.

demiane
Newly Registered
Posts: 25
Joined: Fri Oct 30, 2015 2:07 pm

Re: Maternity leave & DCPR application

Post by demiane » Mon Jun 11, 2018 5:25 pm

PR document received in about 3 weeks after application so everything went well at the end! :D

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