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Unpaid maternity leaves

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

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Fatima Ali
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Posts: 33
Joined: Thu Apr 07, 2016 7:00 am

Unpaid maternity leaves

Post by Fatima Ali » Fri Sep 15, 2017 6:11 pm

I came to UK last year and had twin babies in March 2017. Now I'm planning to avail whole year leaves that includes unpaid leaves. Will it be an issue at the time of ILR? Thanks

manorana2009
Member
Posts: 168
Joined: Mon Mar 13, 2017 4:26 pm
United Kingdom

Re: Unpaid maternity leaves

Post by manorana2009 » Fri Sep 15, 2017 6:20 pm

Hi Fatima,
The HO might refused ILR because of gap employment more than 60 days. But not sure about unpaid leaves technically you are not unemployed. As per as rule you must complete five years continuous residence (no gap between jobs of more than 60 days) to qualify for ILR

Let the other people comments on this
Thanks
Manoj

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CR001
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Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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Re: Unpaid maternity leaves

Post by CR001 » Fri Sep 15, 2017 7:41 pm

manorana2009 wrote:
Fri Sep 15, 2017 6:20 pm
Hi Fatima,
The HO might refused ILR because of gap employment more than 60 days. But not sure about unpaid leaves technically you are not unemployed. As per as rule you must complete five years continuous residence (no gap between jobs of more than 60 days) to qualify for ILR

Let the other people comments on this
Thanks
Manoj
The 60 days gap in employment refers to changing sponsors on Tier 2 and NOT maternity leave and returning to the same employer.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Djsuccess
Diamond Member
Posts: 1160
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: Unpaid maternity leaves

Post by Djsuccess » Sun Sep 17, 2017 7:41 pm

Fatima Ali wrote:
Fri Sep 15, 2017 6:11 pm
I came to UK last year and had twin babies in March 2017. Now I'm planning to avail whole year leaves that includes unpaid leaves. Will it be an issue at the time of ILR? Thanks
There is a consideration for maternity leave but the only thing that might cause issues is the period of unpaid leave especially if the unpaid leave affects your overall income to lower than what is required. I also think that your sponsor will have to notify UKVI through SMS about the period of unpaid leave as soon as you take them.
I am not sure if UKVI will give any consideration for unpaid leave outside the paid statutory maternity leave period.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

iworker
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Location: Hampshire
Mood:
Pakistan

Re: Unpaid maternity leaves

Post by iworker » Mon Sep 18, 2017 9:22 am

As long as she takes the leave for 12 month, she should be fine.
Since the 12 months are not paid, that is still fine under UKVI rules. If you complete your 5 years during the maternity leave, u can apply showing the salary slip month before u went on maternity.
If it is later, then a letter from the employer mentioning the dates u took maternity should be fine.
Good luck with the twins.

Fatima Ali
Newbie
Posts: 33
Joined: Thu Apr 07, 2016 7:00 am

Re: Unpaid maternity leaves

Post by Fatima Ali » Mon Sep 25, 2017 3:30 pm

Thanks a lot everyone. It's my second year here so have a long way to go before ILR anyways. I was just wondering because of unpaid period

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