SMP and british visa

[colacola75]

Hello,

I am a british citizen and my husband is on a spouse visa (Leave to remain i thinh) we have two british born children and I am currently recieving smp but not returning to work at the end.

Until now we have always earned over the minimum earning requirement of £18,600.

His own salary doesnt quite cover this on its own. Does SMP count towards it as my current earnings as his visa is up for renewal soon or do I need to seek employment?

Thank you

[Amber]

The rules allow the clock to be turned back to look at the 6 months wage before the SMP started if needs be, or the SMP in payment, if that is sufficient to meet the required amount.

Example (a)
The applicant’s partner is in the UK, has recently had a baby and returned to work from
maternity leave 2 months prior to the date of application. Her contracted salary is £19,400 a
year. She has been with her current employer for 2 years but, as she has not been earning
the required level of income for all of the last 6 months because of her maternity leave, the
period to be assessed can be the 6 months before she began her maternity leave.