Maternity Leave & Tier 1 General visa

i'm self-employed on a tier 1 general visa that expires in september 2012. i became pregnant this year, and am due to take maternity leave from august 2011. this break in work will make it very difficult for me to make the maintenance requirement.

i don't want to apply for the extension before i take leave because it might be too early and be rejected, and it will also leave me 1 year short when it comes to applying for ILR (if these are even options anymore with the new policies?? still confused on that one!)

does anyone know if they consider maternity leave a special circumstance and allow you to factor in income from before you went on leave?

or should i apply before i take leave? how early is 'too early' to apply for an extension?

my partner (English) and i are not married - yet. would it be better for us to just get married in the next year (and where does that leave me in terms of being able to apply for ILR when I hit the 5-year mark?)

note: i've been here since august 2006 on a student visa, and then a post-study 2-year visa, but as far as i understand, those 3 years don't count toward my 5-year magic number.

i'd be grateful for any advice here. thanks!!!

ahyperbee wrote:does anyone know if they consider maternity leave a special circumstance and allow you to factor in income from before you went on leave?

Read para 79, 82, 86 - 91, and 107 of the policy guidance.

Your cohabitation with / marriage to your British citizen partner will have an influence only if you wish to apply for settlement under the family route. Irrelevant when applying for settlement as an economic migrant.
1. When did you apply for Tier 1 (General)?
2. How long have you been living with your British citizen partner for?

Thank you! Very helpful information in there, and a relief to find out we don't have to rush to get married!!

sushdmehta wrote: Your cohabitation with / marriage to your British citizen partner will have an influence only if you wish to apply for settlement under the family route. Irrelevant when applying for settlement as an economic migrant.
1. When did you apply for Tier 1 (General)?
2. How long have you been living with your British citizen partner for?

1. Originally applied and received Tier 1 general in Sept 2009
2. We've been together for 2 years and living together for 18 months (but only 9 months on paper, we were living with his family until we moved into our own flat in Sept 2010)

I haven't looked too closely at settlement options yet. Am I right in assuming that our child will be a British citizen because the father is? What is the 'safest' or 'easiest' route to settlement (probably depends on a lot of circumstances, but thought I'd ask).

The earliest you'll be eligible for settlement as an economic migrant will be in Sep. 2014.

You may be eligible for settlement earlier than that depending on when you can switch to the family route - either as an unmarried partner or as a spouse of your British citizen partner.

Assuming the child will be born in the UK, you child will be a British citizen if your British citizen partner is named as a parent on the child's birth certificate.