Tier 2 / Surrogacy Leave / ILR

[gaurav0098]

Hello,

I will be highly obliged if some one can guide me on this as I can't find any specific guidance on this particular topic.

The situation is that my wife is on Tier 2 Visa. She got this visa in 2015 hence her ILR will be due in 2020.

Due to personal issues, we have to opt for surrogacy and that will happen in our home country. The process is expected to be complete by 2019. I am the one genetically related to the child and she is not but the birth certificate of child will carry both our names so child is ours.

Now we are not sure how and under which head she would be eligible to apply for an official leave when the child arrives? Also does this leave have any affect on the ILR process?

Will this be considered maternity leave or adoption leave? Cause birth certificate is directly under our name, we don't need to adopt the child but would it still be classed as adoption leave?

If some one has gone through the process, please guide us or point us in the correct direction where we should go for advice? Is there any official guidance somewhere that on UK Gov website or UKVI website regarding this? Will it be a normal solicitor or an immigration lawyer or employment lawyer?