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ILR maternity leave and SMP

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Happyatlast
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Posts: 16
Joined: Thu Oct 27, 2011 6:57 pm

ILR maternity leave and SMP

Post by Happyatlast » Sat Sep 08, 2012 11:15 pm

My ILR is due in March 2013 and I am on maternity leave from March 2012 till November 2012. I received SMP for 6 months only. My query is how to calculate the months for Salary points?? As I understand from guidance is total of 12 months in any combination before and after maternity leave... For eg 6 consecutive months before maternity leave and 6 months from date of joining work. Now if I received SMP then how do I calculate months for salary???
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wpilr_nov12
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Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Post by wpilr_nov12 » Sun Sep 09, 2012 12:59 am

1. SMP is not salary.
2. You do not count the months of your maternity leave.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.
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Happyatlast
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Posts: 16
Joined: Thu Oct 27, 2011 6:57 pm

Post by Happyatlast » Sat Sep 29, 2012 7:46 pm

Thank you for your reply. Does this mean I cannot add SMP to my salary for gaining required points?? Also being self employed I got my work paid when I was on maternity leave. My query is can I add this along with SMP towards my salary to gain required points?? I am really confused about how to calculate the salary/months for PR. Please help
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geriatrix
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Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Sat Sep 29, 2012 8:02 pm

Assuming OP to be a Tier 1 (General) migrant:

1. SMP is part of your salary - as there is a legal obligation for the employer to pay you SMP (if you qualify for it) under the terms and conditions of employment.
2. That said, if you wish to take advantage of the "maternity / adoption related absence from workplace" allowance to qualify for settlement under the Tier 1 policy then you cannot include SMP in your earnings - because the period of absence due to maternity / adoption is not being taken to consideration (to compute the 12 out of 15 months).
3. If you do not want to take advantage of the "maternity / adoption related absence from workplace" allowance to qualify for settlement under the Tier 1 policy then you can include SMP in your earnings, if any duration of such absence falls within the relevant 12 month period (within the 15 months preceding the settlement application).
Happyatlast wrote:As I understand from guidance is total of 12 months in any combination before and after maternity leave... For eg 6 consecutive months before maternity leave and 6 months from date of joining work
Yes.
Life isn't fair, but you can be!
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