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Maternity leave and ILR

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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Victorias999
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Russia

Maternity leave and ILR

Post by Victorias999 » Fri Sep 14, 2018 10:10 am

Hi, I am currently on tier 2 general and will apply for ILR in May 2019. I am currently on maternity leave until June 2019. I am travelling abroad during my maternity leave and staying abroad for 2 months at a time, always ensuring I don’t exceed the 180 day absence limit. My question is: 1) if I am abroad for less than 180 days albeit for 2 months at a time, will this affect my eligibility to apply for ILR? 2) the employer is required to provide a letter confirming my absences and that they are approved. However how can my employer confirm each absence when I’m on maternity leave? I have doubts they would do that. Or is a letter confirming just the maternity leave enough?

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cyclina1
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Re: Maternity leave and ILR

Post by cyclina1 » Fri Sep 14, 2018 3:54 pm

Victorias999 wrote:
Fri Sep 14, 2018 10:10 am
Hi, I am currently on tier 2 general and will apply for ILR in May 2019. I am currently on maternity leave until June 2019. I am travelling abroad during my maternity leave and staying abroad for 2 months at a time, always ensuring I don’t exceed the 180 day absence limit. My question is: 1) if I am abroad for less than 180 days albeit for 2 months at a time, will this affect my eligibility to apply for ILR? Won't affect.

2) the employer is required to provide a letter confirming my absences and that they are approved. However how can my employer confirm each absence when I’m on maternity leave? No they cannot. as you did not require to report to your employer if you left the UK during maternity leave

I have doubts they would do that. Or is a letter confirming just the maternity leave enough? Yes. The period of maternity leave you taken.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

Victorias999
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Joined: Fri Sep 14, 2018 9:43 am
Russia

Re: Maternity leave and ILR

Post by Victorias999 » Tue Oct 09, 2018 6:48 pm

Hello, I have a further question please. I read the new continuous leave guidance from UKBA. It says that “however, time spent away from the UK for continuous periods, particularly if the business no longer exists, should not be allowed.” If I’m within the 180 day absence period but have spent 3 months abroad continuously, will that jeopardize my ILR application?

Victorias999
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Joined: Fri Sep 14, 2018 9:43 am
Russia

Re: Maternity leave and ILR

Post by Victorias999 » Wed Nov 07, 2018 7:40 pm

Can anyone help me please with the most recent question I’ve posted?

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zimba
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Re: Maternity leave and ILR

Post by zimba » Wed Nov 07, 2018 7:42 pm

Victorias999 wrote:
Tue Oct 09, 2018 6:48 pm
Hello, I have a further question please. I read the new continuous leave guidance from UKBA. It says that “however, time spent away from the UK for continuous periods, particularly if the business no longer exists, should not be allowed.” If I’m within the 180 day absence period but have spent 3 months abroad continuously, will that jeopardize my ILR application?
As long as you are within the 180 days rule and the business is not dissolved then it should be fine
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Victorias999
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Russia

Re: Maternity leave and ILR

Post by Victorias999 » Sat Nov 17, 2018 9:01 am

Many thanks!

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