Maternity Leave - ILR

[Maternity Leave]

I have been on a work permit since August 2001, the WP expires in August 2006. Since 2001 - to present, I have been working with the same employer. However, during this time, I gave birth to my first child and decided to give birth in France where my husband (who is an American Citizen) was living at that time. I lived with him for 4.5 months and then returned to the UK and resumed employment at the same firm. Now, my husband and my child both live here in the UK (my husband who is working in the UK as my dependant and earning about twice of what I do).

My firm has now approached me and asked me if I want to convert my visa to an ILR as my 4 years are up in August of this year (I guess that means they will provide an extension letter), now obviously my only concern is whether the Home Office would consider being with family after giving birth as compassionate grounds for staying out of the country for more than 3 months. I have all other documentation with me, and we dont need any public funds. Also on the application form, there is a question asking whether a relative gives me money, would I list my husbands net pay in that question.

Thanks for your help, it is a very useful forum.

[Kayalami]

1. Congratulations on the birth of your child.

2. The Home Office consider compassionate circumstances/ compelling reasons for absences outside the UK for over 3 months. Your situation falls in the acceptable category so no worries.

3. You can include spousal income in your application - this can only support the requirement for evidence that you will have no recourse to public funds.

4. As a by the by you may wish to apply for a US passport for your child through their London consulate. US citizens must enter the US only on US passports - I'm sure there are concessions for minors but no harm in him/her having what he/she is entitled to.

Good luck