Maternity leave & Qualifying period for ILR

mama · Post by **mama** » Tue Mar 25, 2008 12:30 pm

Hello
I am a work permit holder in the UK working since 2 October 2003. My qualifying period of 5 years to apply for ILR will end on 1 October 2008.

I had a son born on 8th august 2007 and am currently on maternity leave. I have taken my full entitlement of 52 weeks maternity leave between 13/8/2007 and 11/8/2008. Would the time I have been on maternity leave still be counted as part of the qualifying period of 5 years? Or would I have to wait another 52 weeks to complete the 5 year qualifying period to apply for ILR?

I am planning to take the Life in the UK test soon but dont know if I can apply for ILR in Sep 2008 or not. Please can someone give me any information they have about this?

Siggi · Post by **Siggi** » Tue Mar 25, 2008 12:53 pm

Mama,
I can't see any reason why you can't apply for ILR in October 08, as you are still employed, but just on maternity leave.

mama · Post by **mama** » Wed Mar 26, 2008 10:05 am

Thank you for your reply. I am so relieved. I will take the Life in the UK test soon then.
I just did not know if the HO had a special rule hidden somewhere in small print that work permit holders have to continuously work for 5 years not taking any maternity leave in that period!

purplepple · Post by **purplepple** » Wed Mar 26, 2008 12:58 pm

In addition to this, is maternity benefit considered as public funds?

Can I claim for this under a work permit status?

Post by **John** » Wed Mar 26, 2008 1:06 pm

is maternity benefit considered as public funds?

The good news is that absolutely nothing maternity-related is within the definition of Public Funds.

Don't you qualify for maternity pay from your employer?

purplepple · Post by **purplepple** » Thu Mar 27, 2008 7:35 am

yes. just want to make sure i am allowed to claim for it. thanks John

Post by **John** » Thu Mar 27, 2008 9:03 am

Well if it is maternity pay you are concerned about, well that is not paid by the Government, is it, so cannot possibly be Public Funds.

mama · Post by **mama** » Thu Mar 27, 2008 9:25 am

Hello purplepple
Like John has rightly said, maternity pay does not come under list of Public Funds since it is paid by your employer. So you will be entitled to what your employer gives as maternity pay.

However, child benefit, working tax credit and child tax credit are all part of the list of Public Funds.

Post by **John** » Thu Mar 27, 2008 10:24 am

child benefit, working tax credit and child tax credit are all part of the list of Public Funds.

That is right, but maternity-related things like free NHS dentistry, on grounds of pregnancy or having recently given birth, are not. Exempt are :-

you are pregnant, or have had a baby during the last twelve months, and hold a valid maternity exemption certificate. This includes if you have had a miscarriage after the 24th week of pregnancy, or your baby was stillborn

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Maternity leave & Qualifying period for ILR

Maternity leave & Qualifying period for ILR