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Maternity Grant & Tier 1 Extension ------ Please help

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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dkalra1981
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Posts: 37
Joined: Fri Jan 29, 2010 9:16 am

Maternity Grant & Tier 1 Extension ------ Please help

Post by dkalra1981 » Fri Jan 29, 2010 12:36 pm

Hi

I'm on a Tier 1 General Migrant Visa which expires on 20 May 2011. There are two things which I need to ask:-

1) My wife is 21 weeks pregnant. I was reading this stuff on Heath in Pregnancy Grant £190. Is this a benefit? If we claim this grant, will this affect our application for our extension. Also, can she claim Statutory Maternity Pay from her employer?

2) I went on a holiday to India on 15 August 2008 and came back on 11th Feb 2009. This makes 180 days in total. Will it affect my application for Tier 1 extension or for ILR?

Thanks in advance.

Kind Regards

Deepak

aruni4470
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Posts: 1615
Joined: Fri Nov 16, 2007 9:54 pm
Location: Cambridgeshire

Re: Maternity Grant & Tier 1 Extension ------ Please hel

Post by aruni4470 » Fri Jan 29, 2010 12:40 pm

dkalra1981 wrote:Hi

I'm on a Tier 1 General Migrant Visa which expires on 20 May 2011. There are two things which I need to ask:-

1) My wife is 21 weeks pregnant. I was reading this stuff on Heath in Pregnancy Grant £190. Is this a benefit? If we claim this grant, will this affect our application for our extension. Also, can she claim Statutory Maternity Pay from her employer? Not Sure

2) I went on a holiday to India on 15 August 2008 and came back on 11th Feb 2009. This makes 180 days in total. Will it affect my application for Tier 1 extension or for ILR? Will not affect Tier 1 application
Thanks in advance.

Kind Regards

Deepak

Kiwichick2010
Newly Registered
Posts: 2
Joined: Fri Jan 29, 2010 1:04 pm

Post by Kiwichick2010 » Fri Jan 29, 2010 1:18 pm

Hi Deepak

If your wife is on a dependant visa then she may not be eligible for the Health in Pregnancy grant as according to the guidance you must have the right to reside in the UK and this is defined on the Direct Gov website as generally not being subject to immigration control. It's probably best to call HMRC and confirm whether she's eligible. Their website suggests that if her visa says she's not able to claim benefits she would not be eligible so it may be safer not to.

If she is in employment and meets the SMP requirements then her employer must pay her SMP (plus any contractual pay if they offer more than SMP).
1) Must have been employed for 41 weeks by the date the baby is due
2) Must have been earning more than £95 per week
http://www.direct.gov.uk/en/MoneyTaxAnd ... /DG_175884

dkalra1981
Newbie
Posts: 37
Joined: Fri Jan 29, 2010 9:16 am

Post by dkalra1981 » Fri Jan 29, 2010 2:05 pm

Thanks for the reply.

Yes, my wife is on dependent visa and she started her employment on 1 July 2009.

If, I apply my application for permanent residency in May 2013, will there be any issues regarding my continuous stay.

Also, can I go on a holiday again before the May 2013?

Many thanks,

Kind Regards

Deepak

geriatrix
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Joined: Fri Mar 17, 2006 3:30 pm
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Re: Maternity Grant & Tier 1 Extension ------ Please hel

Post by geriatrix » Fri Jan 29, 2010 5:20 pm

dkalra1981 wrote:I went on a holiday to India on 15 August 2008 and came back on 11th Feb 2009. This makes 180 days in total. Will it affect my application for Tier 1 extension or for ILR?
Will not affect your Tier 1 extension application but has effectively reset your ILR clock - because you cannot be outside UK for more than 90 days at one time (barring work related absences supported by documentary evidence).

Absences of 180 days or less (or is it now 225 days over a 5 yr. period?) is the sum total allowance permitted during the entire the residential period.


regards

hsmp_1476
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Joined: Tue Jan 29, 2008 5:34 pm

Post by hsmp_1476 » Thu Dec 16, 2010 1:11 pm

My situation is very similar. I am on Tier 1 G and my wife on Tier 1 General Dependent. She is 28 weeks pregnant. I just called the Helath In maternity grant department. They said that I have to send the form that midwife has given, making sure that we tick the “Under Immigration Controlâ€

geriatrix
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Location: does it matter?

Post by geriatrix » Thu Dec 16, 2010 2:12 pm

According to this UKBA document and this UKBA webpage, HiPG is included in the list of "public funds". Same, in Tier 1 (General) application form.

Though HiPG is not listed as a public fund in immigration rule 6 but, as per HMRC, the eligibility criteria for HiPG is same as that for child benefit, a public fund / benefit.


IMHO .....


regards

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