TIER 2 ICT dependent maternity leave

[Nisith11]

Hi All,

I am on Tier 2 ICT visa any my visa will expire next year around 1st week of May, so as per my employer the earlier they can apply for renewal is Feb 1st week. And as per my information it may take unto 8 weeks to get your visa renewed after applying. As my wife due for delivery around April end next year and she will be in india at that time and cannot get the visa renewed with me.
We are planning her to take maternity leave here from her employer and then go to india for delivery but i have some queries.
1- If she takes maternity leave and leaves india around End of jan or first week of Feb and her visa expires in May , will it be illegal for her to be still in maternity leave and getting paid the maternity allowance from UK govt.
2- As per my employer whenever she wants to travel to uk they will apply for a fresh dependents visa for her and the new born and they can travel uk. So if she comes back again on a new visa and join her employer after maternity leave is it legal or illegal as she will have a new BRP card i thing and new visa.

I have tried to explain my situation and queries but please let me know if it is too much confusing and i will try to explain in more detail.

Any help or suggestions will be very helpful.

[Nisith11]

Hi all,

May I request someone who have some information on this to reply

[Nisith11]

HI Can some one reply to it.

[katanayi]

Hi All,

I am on Tier 2 ICT visa any my visa will expire next year around 1st week of May, so as per my employer the earlier they can apply for renewal is Feb 1st week. And as per my information it may take unto 8 weeks to get your visa renewed after applying. As my wife due for delivery around April end next year and she will be in india at that time and cannot get the visa renewed with me.
We are planning her to take maternity leave here from her employer and then go to india for delivery but i have some queries.
1- If she takes maternity leave and leaves india around End of jan or first week of Feb and her visa expires in May , will it be illegal for her to be still in maternity leave and getting paid the maternity allowance from UK govt. my understanding is that she ought to inform her employer regarding visa expiry and renew visa in time to keep job legally or work out with her employer according to your plans

2- As per my employer whenever she wants to travel to uk they will apply for a fresh dependents visa for her and the new born and they can travel uk. So if she comes back again on a new visa and join her employer after maternity leave is it legal or illegal as she will have a new BRP card i thing and new visa.
coming back to the UK and keeping job legally are two different things

I have tried to explain my situation and queries but please let me know if it is too much confusing and i will try to explain in more detail.

Any help or suggestions will be very helpful.

[Nisith11]

Hi Katanayi,

Thanks for your reply.
I was confused wether we need to inform the employer or not but it seems we surely need to discuss with her employer regarding this situation.
But just wanted to check if it's legal or illegal if your visa expires when you are on maternity leave and outside UK.

I am sure she can come back to UK again as dependent once again after applying for a new dependents visa.
But can you help me if it's legal to be in maternity leave outside uk if your visa expires and comeback with a new visa a start working.

I apologise if my questions seems repetitive.

Thanks and regards
Nisith

[katanayi]

It is illegal to work with an organization without appropriate immigration status/visa.
She is still tied with UK employer though she on leave, it is basic eligibility criteria for an immigrant to work in the UK. You should discuss with the employer to make an arrangement.

This is my opinion.