Tier-2 Dependent Work Status in case of leave outside UK for more than 180 days

[pkopp]

Hey Guys,

My wife is currently on tier-2 dependent visa and working in UK . We are expecting our child and my wife plans to go back to India for a period of more than 6 months using her maternity leave. I wanted to know if there is any rule due to which she may lose her job once she is back in UK. I know that there is a 180 days in 12 month rule which applies for ILR application, but does a leave of more than 6 month curtail her from resuming her job after the maternity leave. I have scanned through the forum but have not found any thread explaining the situation. Anyone who can help me shed some light onto this would be much appreciated.

[CR001]

but does a leave of more than 6 month curtail her from resuming her job after the maternity leave.

No, there is no such immigration rule.

[pkopp]

Thank you for the quick response. My Wife's company HR says she called up Immigration and VISA centre who seem have to given her this response. Is there a document where we can look up these things.

[CR001]

You won't find it in any HO document as there is no such rule. HR is talking nonsense. Likely the companies policy if nothing else.

Any person working in the UK is entitled to maternity leave in line with their company policies. The 180 days absence limit rule in the immigration rules has nothing to do with this.

[vinny]

If she is absent from the UK for more than 180 days, then her continuous leave for ILR may be broken, subject to 319E(d)(ii)(d).

[vinny]

Note that

Statutory Maternity Leave is 52 weeks.

Her employer shouldn't curtail her employment unless she was absent for more than 52 weeks. However, if her continuous leave is broken, then her qualifying period for ILR is reset to start when she returns.

[pkopp]

Thank you !