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Maternity rules for ICT tier2 main applicant

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Prithviholla
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Joined: Fri Jun 29, 2018 8:10 pm
India

Maternity rules for ICT tier2 main applicant

Post by Prithviholla » Fri Jun 29, 2018 8:39 pm

Hi All,

I am on Tier2 ICT visa long term. I am the main applicant and my husband is on dependent visa and is working here. My daughter is 6 years and studying here. I have been working in UK from April 2016.

When i was found out I am pregnant and when I informed my company about my pregnancy I was shocked as my company told that the company maternity policy was that the employee has to return back to originating country. They are now asking me to return because I am pregnant and not UK permanent employer.

I was not aware of this clause of return for ICT tier2 visa and it was not mentioned in the secondment letter given to me while travelling or the document shared with me.

I get paid as part of UK payroll and have been working for 2.5 years. I would like to know is the company policy valid and is this correct. As i am aware in UK it would be discrimination if I am not wrong

Any help or suggestion would be appreciated.
Thanks

Shiv87
Newly Registered
Posts: 4
Joined: Thu Jul 05, 2018 6:50 am
India

Re: Maternity rules for ICT tier2 main applicant

Post by Shiv87 » Thu Jul 05, 2018 6:56 am

Hi,

Even I am looking for the someone to answer me the same question.
But I believe your employer has the right to do so.. because you're worker on ICT and not an employee.

Also, even if they send you to India, but your husband can continue to work here .. is that not the case?

krithi1984
Junior Member
Posts: 64
Joined: Wed Apr 11, 2018 9:54 pm
India

Re: Maternity rules for ICT tier2 main applicant

Post by krithi1984 » Thu Jul 05, 2018 11:47 am

I am not sure how useful the information I provided below, but it will give you some idea. As per my knowledge you employer can turn you as unpaid employee for few month and they should make them HO aware of it.If ur employer not canceling ur sponsorship , I am sure then ur husband have right to work in UK as ICT Dependant.

When is it acceptable to reduce a Tier 2 migrant’s salary to a lower rate than that stated on their Certificate of Sponsorship?


The Home Office recognises that a migrant’s employment circumstances can change and, as a consequence, their remuneration may need to be altered. Within the current guidance for sponsors, provision is therefore made to enable employers to adjust the salary awarded to a sponsored migrant, albeit under strict conditions.

Most importantly, any new rate of pay must continue to meet the appropriate rate requirements. The current minimum gross salary (including any guaranteed bonuses and/or permitted allowances) that a Tier 2 (General) migrant must receive is £30,000 per year* or the appropriate rate of pay for the job as stated in the codes of practice. The minimum Intra-Company Transfer (ICT) salary thresholds are £41,500 for long term staff and £23,000 for graduate trainees. If a sponsor seeks to pay a sponsored migrant below these rates, they will forfeit the right to continue to sponsor them.

Exceptions to this rule

Over time, the Home Office has modified its guidance to incorporate exceptions to this rule. Reductions in a migrant’s salary taking it below the current appropriate rate requirement are therefore now possible in the following circumstances:
◾Where a migrant is required to undertake professional examinations to assess whether their skills meet UK standards before starting work. For example, where the passing of a Professional and Linguistic Assessments Board (PLAB) examination is a regulatory requirement of the role;
◾Where the reduction is due to the migrant taking a period of maternity leave, paternity leave, shared parental leave or adoption leave;
◾When a migrant is on long-term sick leave for more than one continuous calendar month;
◾Where a doctor is taking (up to six months) authorised unpaid leave to assist in the Ebola crisis; and
◾Where the salary paid to a Tier 2 (ICT) migrant has been reduced due to them not being physically present in the UK.

An employer is not permitted to continue to sponsor a migrant who is absent from work without pay for four weeks or more in total, other than for the reasons listed above.

Therefore, if a sponsored migrant wishes to take a long period of unpaid leave, for example a sabbatical, the employer must cease their sponsorship of the migrant and report the change in circumstances to the Home Office via the Sponsor Management System (SMS).

krithi1984
Junior Member
Posts: 64
Joined: Wed Apr 11, 2018 9:54 pm
India

Re: Maternity rules for ICT tier2 main applicant

Post by krithi1984 » Thu Jul 05, 2018 11:56 am

Most Importantly I forget to mention in my earlier post , one of My friend working for xxx employer in the Tier 2 ICT long term Staff had taken 6 months of maternity leave and join back , she also in UK pay roll system only. So please have a chat with ur employer.

Shiv87
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Posts: 4
Joined: Thu Jul 05, 2018 6:50 am
India

Re: Maternity rules for ICT tier2 main applicant

Post by Shiv87 » Thu Jul 05, 2018 6:45 pm

Thank you Krithi. That was useful.
May I please ask you, from where did you get those bullet points. Is it on the gov.uk website?

Prithviholla
Newly Registered
Posts: 3
Joined: Fri Jun 29, 2018 8:10 pm
India

Re: Maternity rules for ICT tier2 main applicant

Post by Prithviholla » Wed Jul 11, 2018 9:51 am

Hi,

Thanks a lot for the reply, this really helps for me to fight the battle with my company.
Looks like my employer is saying there is no option and I need to pack and leave in a month, where as there is an option.

Can you please share the link where you got the information so that I can take it up with my employer.
I did find it in below link but that is not government website and i am afraid our employer is going to say its not valid.
third party weblink removed by moderator

Regards,
Prit

anilisanil
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Joined: Wed Jan 22, 2014 1:55 pm
Mood:
United Kingdom

Re: Maternity rules for ICT tier2 main applicant

Post by anilisanil » Wed Jul 11, 2018 10:29 am

You need to understand that there are 2 parties who need to be on board with you on this:

1) Your employer

2) HO.

HO's rules are more or less clear on how this has to be managed. But you need to understand that your employer is not bound by any other rules than their own to let you continue here.

If your employer says that for whatever reasons you need to come back to home country, you may have to. But if these grounds are based on some sort of discrimination based on your pregnancy, then I think it will have to be dealt with in the jurisdiction your employer already may have set out (which most probably is your home country as you are on ICT). These are generally in the fine print/agreement that you sign on when you are joining the company.

I wish you all the best. I hope you do not get pushed into unnecessary stressful situations because of this.

Prithviholla
Newly Registered
Posts: 3
Joined: Fri Jun 29, 2018 8:10 pm
India

Re: Maternity rules for ICT tier2 main applicant

Post by Prithviholla » Wed Jul 11, 2018 2:45 pm

Thanks, Yes it is very stressful :)

The ground for asking me to return to Home country is due to my pregnancy, as it is mentioned in the company's UK maternity policy that we working as ICT tier2 need to go back to home country and avail the maternity leave there. If I was not pregnant they would not have asked me to return. Does this come under discrimination?.

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