Tier 2 ICT - Maternity - switch to Tier 2 General Dependant

[aja]

Hello,

Its with immense support from the forum, i managed to change my visa from Tier 2 ICT dependent to Tier 2 General.
Its time, where i need more support and help to complete the second part.

Situation :
> My wife is on Tier 2 ICT valid from Jan 2102 till Jan 2015.
> I have changed to Tier 2 General in July 2014.

New Situation :
> My wife would be starting her maternity leave from : Jan-2015.
> Confirmation of maternity start dates were informed to the employer in July 2014
> Now, the customer / client has let the employer know that, they would not need the services of my wife from the time her Maternity starts (Jan / 2015)
> Due to which the employer is not willing to extend the Tier 2 ICT visa.

Questions :
> Since i have a tier 2 General, my wife should be able to switch in country to be my Tier 2 General Dependent right ?
> If she switched to Tier 2 general dependent, obviously her employer will have to intimate UKBA of probably change of visa right ?
> If she switches visa and still be an employee under her current employer, can she can still avail the Maternity Statuary pay ?
> Is the visa - employment - maternity statutory pay all interlinked ?

Many Thanks in Advance.

[Sheffield_Marketeer]

Your wife may be subjected to unfair dismissal. Read up on maternity rights. You can start from here : http://maternityaction.org.uk/sitebuild ... yleave.pdf

[aja]

@sheffield Marketeer Thank you very much for the info.

In my case, if my wife switched to be my dependent, she would come out of the present tier 2 ict, however she is still eligible for the maternity statutory right ?

Thanks

[Sheffield_Marketeer]

Statutory maternity rights should be there irrespective of immigration status/control (i.e. legal visa holders and not illegal migrants, assylum seekers etc)

Read this for more info - although I can't promise this is the most updated version : -

http://www.maternityaction.org.uk/wp/ad ... lic-funds/

Even if your wife is dismissed (fair or unfair) I don't see how her workplace can withheld her SMP.

Btw, congratulations! and I go on maternity leave myself from Jan 2015 too!

[aja]

Many thanks for the info..

Best wishes for the mat..

[aja]

Hello,

For my wife to apply as Tier 2 General Dependant (switch from Tier 2 ICT)
Should i get a COS from my Employer ?

Does my employer have to do anything specifically through the SMS system please ?

Thanks in Advance

[aja]

Hello,

Any help on the above question please.


While filling in the Online application for incoutnry switch for dependent , there is a question ;

Has Mr XXXXXXX's sponsor agreed to certify your maintenance? (Required)
If you do not know the answer to this question, ask Mr xxxxxxxxx. If the sponsor has agreed to certify your maintenance, you will not need to provide proof of finances, such as bank statements.

What should the sponsor do / provide in this case please ?

Thanks

[aja]

Any help or guidance on this please.

Thanks

[Sheffield_Marketeer]

Its up to the sponsor to decide whether they want to provide maintenance or not, ask the sponsor!

[aja]

Thanks you @Sheffield_Marketeer

My Sponsor is not sure, what they have to do help in processing the dependent application.
They checked in the SMS and don't seem to find the option to specify anything about the dependent.

I however, have the required funds in my bank for the 3 months. In which case, i believe i can opt for "Own Maintenance funds".

Question > If i am to provide my own funds proof (bank statement), still will my sponsor have to do anything specifically in the SMS system ?

Note: Employer is very new the SMS / sponsorship thing. I am the only employee who is a migrant. Therefore they have very limited knowledge about using the right options in SMS.

Awaiting your guidance please.

[Sheffield_Marketeer]

Sorry for the delay:

As far as I know if you are showing your own funds, there's nothing that the sponsor needs to do on their side on the SMS system.

[aja]

Many Thanks @sheffield Marketeer.

It make it all the more easy now.

My wife is still on discussion with her employer on the SMP. They are somehow playing it around and trying to find reasons for not paying. Their latest claim is that, you were transferred from Parent company in India to branch in UK, which is like a fixed term contract, therefore you may not be eligible and so on.

I will need more help and guidance as we go through this.

Many thanks

[Sheffield_Marketeer]

Was she transfered mid pregnancy? Or did the transfer take place before she became pregnant?

[aja]

Transferred long way back.

Transferred in Jan 2012.
Maternity due in Jan 2015.

Info about maternity was informed to the employer in July 2014.

Do please let me know if you need any more info to analyse the situation in detail.

Many Thanks

[Sheffield_Marketeer]

I doubt if your wife's employer can duck out of paying SMP for her. I don't understand their hesitation and if they are a big company, tis particularly deplorable. SMP is paid by them but is anyway claimed back from the Government so it just beats me why they are doing this. Can your wife ask for a written explanation as to how and why her case is being dealt with.

[aja]

Hello,

She has spoke to maternity action as in the pdf shared by you earlier.
They too have confirmed that, this is a SMP payable case.#
My wife has written to the employer, providing reference links from gov.uk and maternity action stating that she is fully eligible for smp. Haven't heard back any reply from employer still.
If the reply back is still negative or still looks to be dragging, we will ask them for a written explanation.

Will keep you posted on any updates.
Many thanks for your continuous support.