Maternity leave & DCPR application
Posted: Wed May 16, 2018 10:40 pm
Hi everyone,
I would like to know if there is an EEA citizen here in the forum (or if anyone knows of one) who took 52 weeks maternity leave within the 5 year qualifying period and was successful in their application for a document certifying PR.
My situation is a bit complex. My contract ended during my maternity leave but I kept receiving statutory maternity pay from my employer, as I should have done under the current law (overall I received maternity pay for 9 months). I then returned to work with another employer exactly 12 months after the start of my maternity leave (they offered me the job before I went on maternity leave).
I have seen previous posts saying that a 52 week (12 month) period away from work due to pregnancy/childcare is considered reasonable period to maintain your status as a worker. I am aware of the Saint-Prix case and the Upper Tribunal (SSWP v SSF) decisions. However, I read the guidance document, which I believe is given to HO caseworkers (European Economic Area nationals: qualified persons, version 4), and specifically the section about retaining worker status following pregnancy (pages 15-16). This confused me as it seems that they may consider 26 weeks (~6 months) as a reasonable period. Anyone knows if this is the case?
Thank you.
I would like to know if there is an EEA citizen here in the forum (or if anyone knows of one) who took 52 weeks maternity leave within the 5 year qualifying period and was successful in their application for a document certifying PR.
My situation is a bit complex. My contract ended during my maternity leave but I kept receiving statutory maternity pay from my employer, as I should have done under the current law (overall I received maternity pay for 9 months). I then returned to work with another employer exactly 12 months after the start of my maternity leave (they offered me the job before I went on maternity leave).
I have seen previous posts saying that a 52 week (12 month) period away from work due to pregnancy/childcare is considered reasonable period to maintain your status as a worker. I am aware of the Saint-Prix case and the Upper Tribunal (SSWP v SSF) decisions. However, I read the guidance document, which I believe is given to HO caseworkers (European Economic Area nationals: qualified persons, version 4), and specifically the section about retaining worker status following pregnancy (pages 15-16). This confused me as it seems that they may consider 26 weeks (~6 months) as a reasonable period. Anyone knows if this is the case?
Thank you.
