Paternity Leave Clarification

[ILR_HP]

Hi,

My total leaves in a particular 12 month period after calculating as per the new rule is going over 180 days by 17 days but this was due to paid paternity leave I had taken. I would like to know if paternity leave can be shown as compassionate reason, at first glance from the rules(page 15of PDF Indefinite leave to remain calculating continues period in UK) it would say not applicable but please check the bellow.

on page 10 of PDF (Indefinite leave to remain calculating continues period in UK) they give an example of compassionate reason as supporting with birth certificate

This is a bit ambiguous can anybody clarify please

Regards,

s

[ILR_HP]

Guru's and sr. memebers could you please Reply

[cs95tdg]

Based on my interpretation of whats stated, your paternity leave related absence would not be classified as a absence due to serious or compelling compassionate reasons - as it's clearly stated on page 15.

The fact that a birth certificate is mentioned as a form of evidence on page 10, does not necessarily mean that it is a piece of evidence for an applicants maternity/paternity leave. I could see a case worker considering a case where the materity/paternity leave had to be taken while overseas due to unexpected complications (premature birth), as an exceptional case. I.e. and therefore classifying that as an absence due to compassionate reasons. But again that would be subject to discretion by the case worker and would need to be supported by evidence to explain the cirucmstances.

[ILR_HP]

Thanks cs95tdg