Employment terminating while on maternity leave

[giuliagiulia]

Thanks all for your answers.

@iworker your final reasoning has been very helpful. That would be an ideal case if both my current and future employer seem flexible and would be a perfect timeline if everything goes well with CoS issues and visa applications.

Anyway, three further issues arise here:

1. What if I get a new offer now, it will take a while until they produce a CoS right (say 2 months?). Then, I am not sure how to handle the job switching and notice, so, if I apply for new visa in 2 months from now (after a new employer might have provided me with a new CoS) when would my current CoS be invalidated?
They state that only one CoS might be valid at the same time per person. If the old CoS becomes invalid then I should end my current job immediately?
I need this so as to know what to do with the notice period as well as this will be directly related with the salary payment - current employer cannot pay me if I am not entitled to work in this job ... it is somehow confusing.

2. If I leave things, lets say up to the last month before my current visa expiry, then, if something goes wrong with CoS approval from HO I might risk to "overstay" and produce more trouble in terms of moving abroad in my condition then reapplying and coming back ... hence I am thinking of point 1.
although in this way I will lose every right to maternity leave that I currently have

3. The new jobs I am looking for are a long-term investment for my career, and I would not be entitled to any maternity leave if in a new job, therefore I expect the new employer not to be "bothered" a lot for one month of my absence. However, I have planned to discuss my pregnancy after they make me an offer but I am not sure when exactly to discuss this soon after they make me an offer, soon after they issue the CoS or after I get the visa with the CoS provided by them. Is there any risk that after an offer and the discussion of my pregnancy, they might "fail" to provide me with a CoS on grounds different than the pregnancy? - How could I then handle this if it happens (I believe I could take legal action if this happens but am not sure therefore need to know of any "grounds" under which a CoS application might fail)...

Thank you very much for your help indeed!

[iworker]

Well the very first thing that you need to be aware of is if someone who is on a visa (like u) and is not going to go back to original employer (like u again), they will have to sacrifice the maternity pay/leave. To be honest, it is not too un-just. If someone who has been on maternity leave and does not want to come back to previous employer after the maternity leave, has to pay back the maternity pay (this is a general rule followed by most , if not all employers).
Back to your last post.
I have always been under the impression that the employer can not issue a cos with a start date of more than 3 months from the date it is issuing it. However, there are some recent posts on this forum where people have had cos with much later start dates. In any case, you are however allowed to change the start date with mutual consent of employer even after the start/issuing of the visa. So you need to keep this in mind that if you intend on starting the work with new employer in (say) dec, they will need to issue you a cos in Sept (maybe) or at least u have to apply for the visa in sept and not before that.
Now you other question about new visa and pay from previous employer. It is a bit of a catch 22. I think (just my own opinion), the best course for any one who is changing employers should be give interview> get cos> apply visa > visa approved> give notice > change jobs. If you dont follow this course, and the visa is rejected, you are in trouble as you have already given notice at first job. however, once u get the new visa, you are legally not allowed to work for previous employer (and cant serve your notice). However, i think generally people work even after issuance of visa to serve the notice.
Now i think you need to speak with new employer once they give u an offer. at that point, say if u can start in december. If they agree, then u need to make sure you follow the hr very closely and make sure they issue you a cos in september and u apply visa before your current leave expires. your maternity pay from old employer will stop at that point anyway.
I think given the circumstances, this is the only possible way forward. Now to curb your fears of rejection of visa. If you make sure everything is sorted correctly, for example, rlmt done correctly (read guidance as to what are the requirements of rlmt, and i mean very carefully, like what all things should be mentioned on adds etc), you have a valid cos with right soc code, correct salary, you fill the forms correctly and all, there is no reason that u wont get a visa. This point based system means if you secure enough (all) points, u will get the visa, there is no discretion of the visa officer.
i really hope you get the new job and have things sorted as the visa and immigration stress should be the last thing on your mind.

[iworker]

Just another thought, while negotiating the start date/cos with new employer and while disclosing pregnancy, you can say that you are only taking 3 4 months maternity leave and would not like to be a burden on new employer and that i would not be eligible for maternity pay.
However, if you sense that they are not going to offer such a long wait, you can change jobs staightaway (say) in Feb or March, and go on un-paid maternity for few months and come back to work. At least in this way, you still manage to get the new job.

[giuliagiulia]

Thanks iworker for your insights.

[giuliagiulia]

Hello again updates in these fronts and new advice needed in the light of this.

Got two job offers:
1. Would extend the status of my Tier 2 Visa (and of my dependents);
2. Would replace the visa with an exempt visa vignette for 4 years (and of my dependents).

Offer 2 has much better working conditions and is my favorite. If I go for this, given that I have been working and living in the UK under Tier 2 for almost 3 years now, would I still be qualified to apply for ILR in two years time?

I am holding both offers for the moment, since need to have a clear insight on this...

Thanks a lott!!

[giuliagiulia]

Hello,

After 3 years under Tier 2 General in the UK I have now been offered a job that would provide me with a Visa Exempt Vignette for 4 years.

I was planning to apply for ILR in a couple of years, is there a way to get the job and still get the ILR in a couple of years.

Thanks a lot!

[CR001]

Visa Exempt Vignette for 4 years.

Are you sure you qualify for this?

https://www.gov.uk/exempt-vignette

Eligibility
You can apply if you’re:

* a diplomat, or working for a diplomatic mission in the UK, and you were outside the UK when offered the post
* an overseas government minister on official business, or travelling with one as part of your job
* a member of Commonwealth or Overseas Territories armed forces posted in the UK or training in the UK
* a head of state, or working for a head of state (eg on a state visit)
* exempt from immigration control for any other reason

[giuliagiulia]

Yes, because the institution that has made the offer is in a special list and if employees need visas for the UK they provide them with the visa exempt vignette.

Now though, I am not sure of the consequences in terms of ILR.

[CR001]

Based on the eligibility criteria, you don't appear to meet any of the requirements. You also are not 'exempt from immigration control' and it appears you cannot 'switch' to this visa but have to apply from outside the UK. It is also unlikely that this 'visa' will lead to ILR.

https://www.gov.uk/government/publicati ... exempt-exm

Does this company appear on the approved list of companies?

https://www.gov.uk/government/uploads/s ... s-list.pdf

[giuliagiulia]

Yes, the company appears among the list of approved companies - and it does NOT appear among the list of Tier 2 licensed sponsors.

Should I insist that they register as a Tier 2 sponsor so as to provide me with a Tier 2 certificate of sponsorship?

I have also called this number:
UK Visas and Immigration contact centre
Telephone: 0300 123 2241
Apparently they had never heard about the vignette term before, and although they went back and forth for consultation about my case they did not provide enough information for me to have the pathway towards this new job clear.

The last thing I would need now is getting back "home" and apply for an excempt visa vignette from there.

[CR001]

If you are not one of these below, you don't qualify.

* a diplomat, or working for a diplomatic mission in the UK, and you were outside the UK when offered the post
* an overseas government minister on official business, or travelling with one as part of your job
* a member of Commonwealth or Overseas Territories armed forces posted in the UK or training in the UK
* a head of state, or working for a head of state (eg on a state visit)
* exempt from immigration control for any other reason

Being exempt from immigration control as reference above, is for diplomats and their families usually and NOT migrants who hold ILR.

It is up to the company if they wish to apply for a license to be a sponsor and pay the huge fee involved and see if they get approval before they have to do RLMT and then issue a CoS.

[giuliagiulia]

Good points. Thanks CR001.

Now, a question, they have been advertising the post for a long time and have got quite a lot of applications as well as interviews done for this. Would this be sufficient to show that the RMLT was done?
Or do they need to register as Tier 2 sponsors, readvertise the post, reperform new interviews and then use the new interviews for the RMLT.

I do not think the fee - is that around 1500£ will be a problem for them. The only problem and delay might be due to the time and paperwork involved in applying to become a Tier 2 sponsor and then in applying correctly for a CoS. Any advise on the timescales of this.

Thanks.