Tier 1 holder on Maternity Leave outside UK

[Sarva81]

Hi,
My wife is on Tier 1 and working in UK, she planned to take Maternity leave from July 2011 for around 8 months and wish to be in India for giving baby birth during the period.
Will this 8 months away from UK for Maternity affect her VISA Extn(coming in Feb 2013) and also for getting PR in future?....pls advice..

Also i'm(Husband) on Tier 1 Dependent and im working in UK aswell. Is it legal for me to continue working during my wife absence in UK for 8 months...?

Pls advise me....

Cheers
Sarva

[geriatrix]

Will this 8 months away from UK for Maternity affect her VISA Extn(coming in Feb 2013)

No, if she meets the eligibility criteria for extension (e.g. - previous earnings).

and also for getting PR in future?

Perhaps.

[Sarva81]

Hi,
i'm on Tier 1 Dependent and working in UK aswell. Is it legal for me to continue working during my wife(Tier 1 Holder) absence in UK as she is leaving UK for Maternity for 8 months...?

Cheers
Sarva

[rkc]

Will this 8 months away from UK for Maternity affect her VISA Extn(coming in Feb 2013)

No, if she meets the eligibility criteria for extension (e.g. - previous earnings).

and also for getting PR in future?

Perhaps.

Interesting link sushdmehta, because section 2.3 on page 24 now seems to remove the absences of more than continuous 3 months/six months in total over 5 years requirement for ILR. There is the discretion clause but no restriction on the duration of the absence. This would mean that longer absences for valid reasons might stand a good chance. Of course subject to parliamentary approval...


there have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant’s employment or business in the United Kingdom. Where continuous residence has been periods may be aggregated or shortfalls disregarded only with the approval of an SEO or Grade 7.

[geriatrix]

Off-topic, but guess it is important to respond to your "interpretation" for general benefit.

Please note that the paragraph you quote relates specifically to absences due to "exceptional / compassionate" circumstances and employment related absences (e.g. - overseas assignments). The absence of the "30 days / 180 days" restriction and inclusion of the latter category is perhaps a result of this Upper Tribunal decision.

IMHO, one should not consider this to mean "applicants not required to follow the 30 days / 180 days restriction any more". If you read the paragraph preceding the one you have quoted, you will know.

[rkc]

I did think of quoting that upper paragraph as well to avoid any confusion but better late than never:

there have been no absences abroad (apart from those described in para 5.1 above) and authorised employment or business here has not been broken by any interruptions of more than three months continuously or amounting to more than six months in total for the whole five year period. Decisions in such cases must be taken at HEO level or above.

I tend to interpret the above paragraph in the context of breaks in employment/self-employment and economic status i.e. the above paragraph means that even if you do not have any absences abroad(or only absences consistent with paid leave/business absences) you do not qualify for ILR (or do qualify for ILR at discretion of HEO) if you were unemployed & economically inactive for more than three months continuously in a year or amounting to more than six months in total for the whole five year period.

Also, in my original posting I did mention "relevant absences" meaning business related travel or annual paid leave. One should be careful while taking longer absences since this is a UKBA discretionary decision anyways...


And please, can we refer to the maximum absences as 3months/6months unless someone can point to me an official guidance that says 90days/180 days? There is a big difference between both.

[geriatrix]

Hi,
i'm on Tier 1 Dependent and working in UK aswell. Is it legal for me to continue working during my wife(Tier 1 Holder) absence in UK as she is leaving UK for Maternity for 8 months...?

Cheers
Sarva

As long as your sponsor returns to UK after a temporary absence, you should be fine - staying and working in the UK without the sponsor being present.

Hope that you don't have to apply for "extension" in those 8 months. If you have to, you will not be able to if the sponsor is not applying with you / has not been granted extension before you apply.