Maternity leave and ILR

[Victorias999]

Hi, I am currently on tier 2 general and will apply for ILR in May 2019. I am currently on maternity leave until June 2019. I am travelling abroad during my maternity leave and staying abroad for 2 months at a time, always ensuring I don’t exceed the 180 day absence limit. My question is: 1) if I am abroad for less than 180 days albeit for 2 months at a time, will this affect my eligibility to apply for ILR? 2) the employer is required to provide a letter confirming my absences and that they are approved. However how can my employer confirm each absence when I’m on maternity leave? I have doubts they would do that. Or is a letter confirming just the maternity leave enough?

[cyclina1]

Hi, I am currently on tier 2 general and will apply for ILR in May 2019. I am currently on maternity leave until June 2019. I am travelling abroad during my maternity leave and staying abroad for 2 months at a time, always ensuring I don’t exceed the 180 day absence limit. My question is: 1) if I am abroad for less than 180 days albeit for 2 months at a time, will this affect my eligibility to apply for ILR? Won't affect.

2) the employer is required to provide a letter confirming my absences and that they are approved. However how can my employer confirm each absence when I’m on maternity leave? No they cannot. as you did not require to report to your employer if you left the UK during maternity leave

I have doubts they would do that. Or is a letter confirming just the maternity leave enough? Yes. The period of maternity leave you taken.

[Victorias999]

Hello, I have a further question please. I read the new continuous leave guidance from UKBA. It says that “however, time spent away from the UK for continuous periods, particularly if the business no longer exists, should not be allowed.” If I’m within the 180 day absence period but have spent 3 months abroad continuously, will that jeopardize my ILR application?

[Victorias999]

Can anyone help me please with the most recent question I’ve posted?

[zimba]

Hello, I have a further question please. I read the new continuous leave guidance from UKBA. It says that “however, time spent away from the UK for continuous periods, particularly if the business no longer exists, should not be allowed.” If I’m within the 180 day absence period but have spent 3 months abroad continuously, will that jeopardize my ILR application?

As long as you are within the 180 days rule and the business is not dissolved then it should be fine

[Victorias999]

Many thanks!