EEA4 - MATERNITY LEAVE

[heath2006]

Hi there,

My husband (non EEA national) and I (EEA national) are expecting our first baby. I have been in continuous employment since early 2011. I understand that Statutory Maternity Pay is not considered public funds and will thus not affect his EEA4 application in a couple of years from now? Is this correct or would this break my 5 years exercising treaty rights? I will still be employed during maternity leave and am planning to go back to my same job after that.

Thanks

[Obie]

You will be fine. You are still considered a worker during your statutory maternity leave.

[heath2006]

Thanks for your reply!

The last three months of my maternity leave will be unpaid, however, I still have a contract and will go back to work after that. Also, I will most likely go back part time. Does that affect my status as an EU citizen exercising treaty rights?

Do I have any chance of being granted PR right now if I have been living in the UK since 2005 with a one year break abroad in 2009-2010? I have been in continuous employment since early 2011. From 2005 until 2009 I was a student and on and off in employment. I have never received any public funds. Even now I have not applied for child tax credit/benefit as this would have an impact on my eligibility for PR.

Thanks so much for your help!

[fatimahh]

Unfortunately the clock was reset after your 1 year break (SHAME). What have you been doing from 2010 to 2011. if you were exercising treaty right, then you are due for PR in 2015, if not then it is 2016.

[heath2006]

Thanks for your reply.

I think I will only be able to apply for PR in early 2016. It is a shame that the one year abroad has reset the clock really - but I didn't know about this at the time. Anyways, can't cry over spilled milk. My only concern is whether my last 3 months of unpaid maternity leave will have an impact on my PR application? Could someone please clarify this for me?

Thanks again.

[Obie]

What was the reason for your one year break?

Did you have registration certificate or held a CSI during the period of your residency?

[heath2006]

The one year absence was due to my husband's work. I did not have a registration certificate nor CSI.