Maternity Leave and Tier 2 General > ILR application

[deleted_user]

Hi,
A friend who came to the UK with me will complete 5 years, however since last 8-9 months she was on maternity leave. She is on Tier 2 General.

Can she apply for ILR? She has no recent payslips as the company is not paying for her leave. Company will employ her after her leave and they have given her a letter for that.

If not ILR, what other route is available for her to stay in UK now.

[geriatrix]

Why is your friend on unpaid maternity leave? Is it the case that she has exhausted all her statutory maternity leave and is now on (extended) leave that is unpaid?

And what do you mean when you say "the company will employ her after her leave"? If she is not employed currently, she is unemployed .... and cannot be considered to be on (paid or unpaid) leave!

[deleted_user]

Hi,
I'm not sure what our company policy is regarding the maternity pay since we do hourly paid work.

What I know is that she is employed by the company but because she requested maternity leave, they stop giving her any more shifts. When she is ready they will start giving her shifts again and she will resume work (and pay) normally.

our contract is permanent full time, so we get at least 36 hours of shifts each week, mostly more than that. But since she is on leave, she has not been scheduled for any shifts.

[geriatrix]

I'm not sure what our company policy is regarding the maternity pay since we do hourly paid work.

Then you need to find it out ... and ascertain whether the person in question is on "paid statutory maternity leave" or "unpaid statutory maternity leave" or simply "unpaid leave".

Answers will depend on your response to above.