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ILR - Maternity Leave

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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anithya
Newly Registered
Posts: 8
Joined: Fri Jun 22, 2012 11:34 am

ILR - Maternity Leave

Post by anithya » Sun Jun 24, 2012 10:32 am

I am eligible for ILR in August and gathering the documents.
While calculating absences from UK in the last 5 years, I stayed out for 336 in total out of which
-114 days when I was full time - annual leave and paid leave
-222 days during my maternity leave ( includes 3 trips 82, 90 and 50 days)
My query is that I can prove my maternity leave (for 12 months) - as a letter from my employer and that I was paid SMA during this time plus include the mobile bill to prove links to UK... .. 1)WILL MY 90 day period out of UK be a problem 2) Is the evidence sufficient or should I show anything more?

Thank you

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Sun Jun 24, 2012 11:11 am

12 months maternity leave is fine if you so choose but that does not mean you can spend it all outside the UK. What is your current immigration status; you did not mention this?

anithya
Newly Registered
Posts: 8
Joined: Fri Jun 22, 2012 11:34 am

contd Maternity Leave

Post by anithya » Sun Jun 24, 2012 11:29 am

My current immigration status
HSMP - Granted 30/Aug 2007 .. arrived UK on 16th Sept 2007
Tier 1 - 30/Aug/2009 ---expires 30/Aug/2012
Whilst on Mat leave in 2010 ( Was out of UK three times between May 26th 2010 to Jan 25th 2011 -- 222 days in total out of which one of the trips counts to 90 days)

Thanks for the guidance

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Re: contd Maternity Leave

Post by cs95tdg » Sun Jun 24, 2012 11:54 am

anithya wrote:My current immigration status
HSMP - Granted 30/Aug 2007 .. arrived UK on 16th Sept 2007
Tier 1 - 30/Aug/2009 ---expires 30/Aug/2012
Whilst on Mat leave in 2010 ( Was out of UK three times between May 26th 2010 to Jan 25th 2011 -- 222 days in total out of which one of the trips counts to 90 days)

Thanks for the guidance
From what I can see, the justification you will need to provide is why you spent more than 180 (i.e. 336-180) days (which was partly made up of your maternity leave) outside of the UK (i.e. rather than the 90 days you are questioning.) The standard maximum total number of days allowed outside the UK for an economic migrant is 180 days (with no single trip beyond 90 days). Anything beyond that would need to be justified.

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Sun Jun 24, 2012 12:16 pm

I agree and good luck with that!

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