Maternity Leave(s) and ILR in Nov

[SK1730]

Dear moderators/senior members,

I looked for maternity posts and ILR in this forum and unfortunately i could not find any matching mine, so decided to post a topic myself for your advise.

I came into the UK during April 2005 as my husband's (WP) dependant. Following year, I switched to HSMP Nov 2006 (covered by JR) valid from Nov 06 to Nov 08. I fell pregnant in 2008 and was due Nov 2008. The renewal process went smoothly and I was granted Tier 1 General Migrant for 3 years valid till 07-Nov-2011. I tool maternity leave from Nov 2008 till June 2009. During this period I went to India for 47 days and I was still employed. I did not receive SMP during this period since I was not eligible for the same. However, I received a Maternity Allowance for the period I was on leave.

I fell pregnant with my second one and been on maternity leave since Feb 2011 till now. I am still employed and will be going back to work Feb 2012, all going well.

Using the ILR calculator, I am eligible for ILR and going to appear for the same during October (before 28 days)

I was wondering if 2 periods of maternity leave will cause any hassle in my ILR application. I had been employed with the same employer and I have drafted a letter confirming that I was employed with them for entire period and mentioning the maternity start and end dates too.

The total time I had been out of the country is nearly 150 days.

I am also intending to take all the 5 years bank statements and payslips and the babies' birth related documents to be on the safe side.

I am not planning to apply for MN1 for my kids though they were born here due to uncertainity in the processing timeline for the same
and I am hoping to fly back to my home country following ILR being successful.

This ILR application is going to set me back some amout, so I thought I will check here if you have heard/seen such case anywehre and if there would be any problem at all?

Thanks
SK1730

[geriatrix]

Maternity leave is not an issue here ... since your case isn't one of those where maternity leave coincides with absence from UK for the whole period (or more than the permitted limit).

Given the information, you should be okay.

[SK1730]

Thanks sushdmehta, do let me know if there might be any other docs other than the payslips and bankstatements to cover the period and the employment letter.

cheers

[SK1730]

All - I got ILR granted for myself and the dependants!

Sushdmehta - thanks a million for your very prompt reply.
I will post details sooner.

Thanks

[SK1730]

and to the details :

1) Arrived at Croydon PEO for 9 o' appmt at 8:30
2) Security checks complete
3) There was a q now to get the passports and inital checks.
4) The lady at the counter checked the passports, SET(O) form, photos, HSMP grant and extension letters. I am covered under HSMP JR. She asked if I have proof to back up financial status and also the childrens' BirthCertificates (Full ones) and also the cohab docs.
5) Token number and payment section in the second floor.
6) Paid the money at the second floor
7) Seated in the waiting area for the number to be called.

8 ) CW called the number and he asked for the foll.
- SET(O) form
- passports (old and new)
- photos
- 3 months payslips and bank statements - I asked him if he needed the latest ones or the ones prior to starting my maternity leave. He asked for the latest ones.
- He also asked for the proof for my maternity leave - provided the employer letter providing my employee id, date of start of maternity leave and also the contact details of the HR/Line Manager
- He also asked for the younger ones BirthCertificate & another proof( I provided NHS card)
- HSMP inital grant letter and also extension letter.

My husband and the kids were the near the window and he had a look at them as he flipped through their passports.

Seeing the HSMP initial letter, he asked why I came in so late, for which I explained that I applied within the country and had to switch visa from outside of UK.

One question asked by both of the staff was if I was out of the UK for more than 90 day continuously.

Taking these docs, we were in the waiting area and were called in a hour.


He told that he is happy with the application and myself and the dependant are given ILR and that I can collect the passport in an hour.

And that was the best part!!!

We came back after 1.5 hrs hving lunch and the passports and the endorsement letters were ready to be collected and was asked to check the name, spelling date of birth.

Documents :

5+1 yrs worth payslips - also took pay slips and bank stmts using which I got my HSMP in 2006
cohab docs - council letters, mortgage letters, husbands P60 and payslips.
HMRC letter
Employer letter - think this was important in my case to confirm that I am still an employee whilst on maternity leave.
HSMP initial and extn letters.
Children's full BCertificate, NHS cards, MatEx Certificate/card. Letter from the employer stating taht they hv recd confirmation of the child birth.
Degree certificates, self BirthCertificate also

My husband and I had take LIUK test as well and we had the docs in ready in case they were needed.

I know I had taken more documents than may be possibly required. But I was paranoid(understatement) abt the fact that I am on maternity leave and oct was the last month I will receive even my SMP!

Thanks again and pls let me know if you need any other info/help

cheers!

[nehalbhagat]

Congratulations and thanks for sharing your experience...

Did they ask you for P60s or were they happy with your HMRC letter?
which section you ticked for sec. 3 and 10 ?

Pls reply
Thanks

[SK1730]

Hello, No they neither asked for P60s nor the HMRC letter. Only payslips bankstatements.

3 is HSMP JR and 10G