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Baby is coming earlier then thought

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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ItsRainingAgain
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Pakistan

Baby is coming earlier then thought

Post by ItsRainingAgain » Sat Jun 09, 2018 5:50 pm

I will be at PEO center on say 21th june 2018 this month for ILR under Tier 2, I am applying alone.

My 2nd child was coming on say 30th july 2018 but doctor said they will induce on 18th June 2018 for various reasons.

Now my paternity leave for 2 weeks will start when baby will be born, but we don't know when.

My salary is 38K when my SOC code requires 32K.

Do I need to provide HO if baby comes and I am on paternity leave ? what letter will state ?

I am selling 2 weeks holidays to company as well to make up difference in pay + getting SSP pay as well.

Since it's PEO appointment, what happens if I don't declare that I am on paternity leave if it happens as my PAY will still remain above appropriate rate and pay slip will be given end of month.

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Djsuccess
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Re: Baby is coming earlier then thought

Post by Djsuccess » Sun Jun 10, 2018 8:41 am

ItsRainingAgain wrote:
Sat Jun 09, 2018 5:50 pm
I will be at PEO center on say 21th june 2018 this month for ILR under Tier 2, I am applying alone.

My 2nd child was coming on say 30th july 2018 but doctor said they will induce on 18th June 2018 for various reasons.

Now my paternity leave for 2 weeks will start when baby will be born, but we don't know when.

My salary is 38K when my SOC code requires 32K.

Do I need to provide HO if baby comes and I am on paternity leave ? what letter will state ?

I am selling 2 weeks holidays to company as well to make up difference in pay + getting SSP pay as well.

Since it's PEO appointment, what happens if I don't declare that I am on paternity leave if it happens as my PAY will still remain above appropriate rate and pay slip will be given end of month.
I don't think the paternity leave should affect the application in any way, especially when you will only be starting the leave about the same time as your appointment and does not affect your income. Since there is a question on maternity/paternity, then you have to declare it and provide supporting documents, birth certificate, pay slip and letter from employer confirming the paternity leave. It is better to declare it. Not declaring could lead to a serious issue of withholding information.

"Please give the start and end dates of the period of maternity, paternity, shared parental or
adoption-related absence (if you are still absent from the workplace due to maternity or adoption related
leave, the end date should be left blank)."
That's the question from the application form. So I believe you have to declare it. If you have already submitted your application online, then maybe you can use a cover letter explaining the situation and then provide evidence.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

ItsRainingAgain
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Posts: 105
Joined: Tue Mar 27, 2018 1:51 pm
Pakistan

Re: Baby is coming earlier then thought

Post by ItsRainingAgain » Sun Jun 10, 2018 12:41 pm

Thank you DJ, Does my employer needs to inform HO about my leave too. I think it's better to mention it and also that I am selling my holidays to make up difference ?

ItsRainingAgain
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Pakistan

Re: Baby is coming earlier then thought

Post by ItsRainingAgain » Sun Jun 10, 2018 12:50 pm

Also if baby is born before my appointment I will not be able to produce any proof e.g. child registration will takes weeks, I can get employer letter but can't think of anything else.

This is getting so confusing.

Does salary reduction before of Paternity leave matters at all ?

ItsRainingAgain
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Pakistan

Re: Baby is coming earlier then thought

Post by ItsRainingAgain » Mon Jun 11, 2018 1:09 pm

Could someone confirm if salary reduction because of paternity leave matters for ILR threshold ?

Thank you

ItsRainingAgain
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Posts: 105
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Pakistan

Re: Baby is coming earlier then thought

Post by ItsRainingAgain » Mon Jun 11, 2018 7:01 pm

Please someone reply

vinny
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Re: Baby is coming earlier then thought

Post by vinny » Tue Jun 12, 2018 2:36 am

I think it's possible.
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Djsuccess
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Re: Baby is coming earlier then thought

Post by Djsuccess » Tue Jun 12, 2018 6:09 pm

ItsRainingAgain wrote:
Mon Jun 11, 2018 7:01 pm
Please someone reply
It shouldn't affect your application if your salary is still up to or above the minimum required for ILR. Although I am not entirely sure, I want to believe that there should be some flexibility for those on maternity/paternity leave if their salaries are slightly/temporarily affected. Otherwise, why else would HO be interested in know if people are on maternity/paternity leave?
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

10020132
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Re: Baby is coming earlier then thought

Post by 10020132 » Tue Jun 12, 2018 7:53 pm

I Do not havw any infor about your query but one thing to bring into your information is that if your child is born before you get ilr, in your case just 2/3 days before your get ilr, then you will have to pay an extra £1000ish something to register him/her as BC whereas if your child is born after you have ilr, then you wont have to pay that sum as he/she will be british by birth

ItsRainingAgain
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Re: Baby is coming earlier then thought

Post by ItsRainingAgain » Wed Jun 13, 2018 7:03 pm

10020132 wrote:
Tue Jun 12, 2018 7:53 pm
I Do not havw any infor about your query but one thing to bring into your information is that if your child is born before you get ilr, in your case just 2/3 days before your get ilr, then you will have to pay an extra £1000ish something to register him/her as BC whereas if your child is born after you have ilr, then you wont have to pay that sum as he/she will be british by birth
Good point, but not worried about this really as can't control when baby will come :)

ItsRainingAgain
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Posts: 105
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Pakistan

Re: Baby is coming earlier then thought

Post by ItsRainingAgain » Wed Jun 13, 2018 7:04 pm

vinny wrote:
Tue Jun 12, 2018 2:36 am
I think it's possible.
Could you please tell what's you think is possible, sorry for not understanding it.

I already read the guidance, it says to look at payslips back to 12 months or something but its not clear enough :(

ItsRainingAgain
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Re: Baby is coming earlier then thought

Post by ItsRainingAgain » Wed Jun 13, 2018 7:05 pm

Djsuccess wrote:
Tue Jun 12, 2018 6:09 pm
ItsRainingAgain wrote:
Mon Jun 11, 2018 7:01 pm
Please someone reply
It shouldn't affect your application if your salary is still up to or above the minimum required for ILR. Although I am not entirely sure, I want to believe that there should be some flexibility for those on maternity/paternity leave if their salaries are slightly/temporarily affected. Otherwise, why else would HO be interested in know if people are on maternity/paternity leave?
I did calculations and my salary will be around 36K, so it should be fine. I also received £1600 bonus before tax so guess I am good to go...

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Djsuccess
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Re: Baby is coming earlier then thought

Post by Djsuccess » Thu Jun 14, 2018 9:42 pm

ItsRainingAgain wrote:
Mon Jun 11, 2018 1:09 pm
Could someone confirm if salary reduction because of paternity leave matters for ILR threshold ?

Thank you
you should be fine
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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