Skilled Worker Dependant visa - moving abroad on maternity leave

[tys]

Hello,
I have been searching for information in various sources, but I have a rather complex situation, and unfortunately, it's difficult to find answers. Do you know who I should contact regarding the following matters, or do you have answers to my questions?

I am currently pregnant. I have been in England since November 2021 on a Skilled Worker Dependant Visa. I have been employed on a contract since March 2022. I have already informed my employer of my intention to go on maternity leave starting from November 20th (preceded by two weeks of leave).

Currently, we are considering returning to Poland for the birth and/or maternity leave, with plans to stay there permanently afterward. My company recently introduced the option of remote work from Poland, allowing me to transfer my contract to a Polish employment contract (however I can't transfer during pregnancy). My husband, who holds a Skilled Worker Visa, is also employed on a contract in England, but after our move to Poland, he intends to switch to a Polish contract at some point.

If I understand correctly, this would mean that I will lose my visa. Could you confirm this?

This leads to the following questions:

1) If I am in Poland on maternity leave, will I still be formally employed by my company in England until the end of my maternity leave (the entire year - 52 weeks, or only until the end of SMP payments?), even after my visa expires? If I understand correctly I will still receive SMP, does this mean that I will be legally employed (even if visa expires)?

2) Will it be possible to switch to a Polish employment contract immediately after the end of my maternity leave, so there won't be any issue with the visa (if I am formally employed by the English company until the end of my leave, I assume this would be an option, and signing a new Polish contract would be possible)? What if I have unused annual leave?

3) Does this mean that my taxes and healthcare contributions will still be paid in England?

4) Can I work remotely in Poland on an English contract without a valid visa?

5) Will the GHIC/S2 card cover my medical care until the end of maternity leave, even after my visa expires?

I would be grateful for any information or guidance on where I should turn to.

Kind regards,

[manci]

You should understand that your visa is tied to your husband's visa. If his employment with his sponsor ceases for whatever reason his and your permissions to remain in the UK will be curtailed to 60 days. If your husband leaves the UK during the curtailment period both of your visas will lapse immediately, i.e. neither of you will have an immigration status in the UK which means that neither of you are allowed to be employed in the UK. This also means that your (former) employers no longer will have to pay NI or pension contributions on your behalves. Your income taxes are a different matter and you'll remain liable to HMRC for whatever you owe..

SMP is an employment issue but IMO, and I stand to be corrected, if you are no longer employed in the UK SMP will also cease.

4) Can I work remotely in Poland on an English contract without a valid visa?

Yes you can, there is nothing to stop a UK employer employing people abroad

5) Will the GHIC/S2 card cover my medical care until the end of maternity leave, even after my visa expires?

No. because once your visa expires you are no longer eligible for treatment under the NHS

Have you considered your husband not giving up his SW job during your SML period?

[tys]

Thank you very much for the response.

I found information on the Maternity Action foundation's website (https://maternityaction.org.uk/advice/m ... questions/) that if I have qualified for SMP once, I am entitled to it for the entire period, even if I move abroad permanently/my visa expires or I leave my job.

However, I am not certain whether receiving SMP means that I will still be considered as an employee, the employer will continue to pay contributions, and consequently, I will remain eligible for free NHS care (even when moved abroad).

If we move to Poland, unfortunately, my husband will have to switch to a Polish contract at some point (he cannot work on a British contract in another country for more than a month). I am trying to find an answer to the question of whether there is any possibility for me to retain my job if I go to Poland for childbirth and stay there, so that I do not have any legal issues in any country and have access to healthcare.

I wanted to switch to a Polish contract immediately after the end of my maternity leave, but due to the visa and relocation, I am unsure if I will even be eligible for this. I am concerned that my contract might end with the expiration of the visa or the relocation.

However, if the employer continues to pay me SMP (Statutory Maternity Pay), doesn't that mean I will still be considered an employee?

I have also been looking for legal advice trying to contact Home Office/ HMRC on this matter, but unfortunately, I haven't been able to find a lawyer who could help me understand my situation and suggest a solution.

[manci]

I found information on the Maternity Action foundation's website (https://maternityaction.org.uk/advice/m ... questions/) that if I have qualified for SMP once, I am entitled to it for the entire period, even if I move abroad permanently/my visa expires or I leave my job.

The information provided on the linked website which you should check with the DWP is:

You can get SMP even if you do not plan to go back to work or your job ends after the 15th week before your baby is due. You do not have to pay any of your SMP back if you do not return to work.

It is difficult to provide answers without an actual scenario. Please provide dates for both your husband and yourself for your planned actions even ff they are approximate, incl. your husband's planned departure date from the UK following resignation from his SW job.

However, I am not certain whether receiving SMP means that I will still be considered as an employee, the employer will continue to pay contributions, and consequently, I will remain eligible for free NHS care (even when moved abroad)

Once your husband leaves the UK following resignation from his SW job neither you nor your husband will have the right to work in the UK. His employer will report the termination of his SW job (withdrawal of sponsorship) to the HO. Receiving SMP doesn't alter this and your employment must also be terminated otherwise your employer may receive a £20k fine. BTW even though the SMP payments come to you from your employer, they are reimbursed by the government.

Once you cease to have permission to be in the UK, i.e. your visa lapses, your entitlement to NHS services will also cease.

I am trying to find an answer to the question of whether there is any possibility for me to retain my job if I go to Poland for childbirth and stay there, so that I do not have any legal issues in any country and have access to healthcare.

Your UK employment contract will be terminated when you no longer have permission to stay in the UK but your employer can give you another contract to work for them in Poland (see above)

[tys]

Thank you very much for your responses. They greatly facilitate understanding the topic, even if they are not the best news for me.

Planned Scenario:

Our visa is still valid for another 3 years. Both of us were thinking about returning to Poland at the end of October.

My husband would work remotely for a month during his allowed remote work days from abroad and take 2 weeks of vacation. Then, after the birth of the child, he would use ~2 months of paternity leave from work. Currently, we are waiting for information about when his employer will allow full remote work from abroad and transition to a Polish contract (we know this should be announced and allowed soon, but we don't have exact dates). My husband will want to switch to a Polish contract as soon as possible.

I would start using all of my remaining leave from the beginning of November and go on maternity leave. I would like to give birth using the S2 document. Based on your previous post, I understand that when my husband switches to a Polish contract, I will lose my visa, employment in England, and health insurance in England (and consequently the right to GHIC card etc).

I am concerned about the period of up to three months when we would be in Poland on English contracts. In theory, with a visa, we have the right to stay abroad for a specified period, but I wonder if this has any legal consequences or obligations, or when and to whom I should report this. Or maybe it is enough to express the intention to stay in another country permanently only after the visa expires?

[tys]

Hello, I've managed to resolve a few issues already. I just wanted to make sure whether, while holding a Skilled Worker Dependant visa, I can live outside the UK until its expiration or for up to 180 days?

[AmazonianX]

Hello, I've managed to resolve a few issues already. I just wanted to make sure whether, while holding a Skilled Worker Dependant visa, I can live outside the UK until its expiration or for up to 180 days?

Yes you can. The visa does not restrict you to UK. It is your decision on where to stay. Note that exceeding the travel absences or days may adversely affect your ILR application if you so deem it relevant at some time in
If however you plan to return after you exit UK borders.

[manci]

I would like to give birth using the S2 document

What S2 document are you referring to? As you don't have ILR I don't believe your are eligible for funding by the NHS on the S2 route