1. Given that the immigration rules is about jobs, not employees, my interpretation is that you can use that period for claiming the job. There was at least one case reported here (search for SMP) where a similar case was refused but the decision then approved on AR. If you find that, the applicant had posted the AR arguments which may be worth including in your cover letter.tier1entrepreneur-A wrote: ↑Tue Dec 04, 2018 1:28 amHi Team,
One of my employee will give birth later this month, and she is not qualified for SMP, so she will receive a Maternity Allowance (MA), so the accountant has informed me that her Dec Payslip will be for the working hours until stop working day, and from January 2019 onward she will still appear on the FPS to HMRC but showing no pay for that month(s).
My questions are:
1.Does that period will be part of the qualified 12 month period for ext/ILR application, or I will need to ignore it on my ext/ILR application?
2.If at time of extension/ILR application she (the employee) has been working with me for the full three years, do I will need to fill the employee table on the ext/ILR application from day one until the application date and list all the details (i.e. including hourly rate change), or I only need to list any 12 month employment period for that employee?
Thanks in advance.
2. The requirement is only for the 12 months, but if it were me I would fill the job table with all the details (until extension date, I would just have one row and say various for hourly rate). You definitely do not need to attach pay documents for any period before the extension grant.