maternity leave & expired visa

[munchkin616]

Hello, my visa expired and I am on my way back to the states so I can reapply. I did apply on time but it was rejected as I was smiling in the photo. By the time they sent the application back to me and I had a new photo taken and then sent it again, the certificate of sponsorship from my employer had expired! I spoke to the school I teach at and they are in the process of getting a new certificate of sponsorship for me. They said the government took away all of their points?! so after they contacted the Home office they were told to fill out an online form, which they did today. I am currently on maternity leave and my SMP runs out in March. If the school cannot get another CoS for me will that affect my maternity pay? I can apply for a visa and come back to the UK through the USAF as my husband is stationed here (if that information helps).

[geriatrix]

SMP is linked to your employment. As long as the employer isn't forced to terminate your employment because you do not have a visa (or cannot get one) that allows you work in the UK, there shouldn't be a problem.


regards

[munchkin616]

Thank you for your quick response! I really do appreciate it. Do you know if they would be forced to terminate? and I can definitely get a visa through the military - I think its called limited to remain? and I have been some employers will accept this type of visa to work but I don't really understand how that works. I did ask the school and they weren't sure either.
Also, do you know how long it may take when I reapply from the US?

Again, thank you for all of your help!!

[munchkin616]

SMP is linked to your employment. As long as the employer isn't forced to terminate your employment because you do not have a visa (or cannot get one) that allows you work in the UK, there shouldn't be a problem.


regards

Hello, do you know how long it should take the school to get another certificate of sponsorship?

Kind regards

[geriatrix]

Hello, do you know how long it should take the school to get another certificate of sponsorship?

With interim cap in place on number of certificates, it depends on whether your employer has used up all the quota or have one (or more) left.


regards

[geriatrix]

Do you know if they would be forced to terminate?

If they cannot get a CoS and /or you cannot get the visa, they may be forced.

But if you can get a visa through another route to live and work in the UK, then you are not dependent on their sponsorship and can return and continue working with them. Also gives you freedom to choose who to work with.


regards

[munchkin616]

Hello, do you know how long it should take the school to get another certificate of sponsorship?

With interim cap in place on number of certificates, it depends on whether your employer has used up all the quota or have one (or more) left.


regards

Well I do know that when they went to apply they realised the government had taken all of their points away so I think they had some... the home office told them to fill out a form online and that is what was done. I was told they should know more next week so fingers crossed!
Do you know if my application will be considered a new application as my visa has expired?

Thank you for your help.

[geriatrix]

Do you know if my application will be considered a new application as my visa has expired?

Yes. It will be a new Tier 2 application for entry clearance from outside the UK (not an extension).

A CoS for EC application may require the fact (EC application) to be mentioned in the CoS application from your employer (not sure), so do check with your employer so that a valid CoS is issued.

regards