Maternity Absence - Impact on ILR

shal1981 · Post by **shal1981** » Sun Mar 10, 2013 2:25 am

Hi,

Currently on T2 ICT.

I will be appliying for ILR soon. I have got letter from employer on SOC code etc & absences i.e holiday, maternity leave and all other documents which are required for this category

I was on maternity leave back in 2008/09. During part of maternity leave I was outside UK (which is less 180 days so no worry as per new ruels) and I was not paid. This is easily visible in my P60 of those years.

Will no salary during that will effect ILR being approved, However I was still employed with company but on unpaid leave?

Post by **Lucapooka** » Sun Mar 10, 2013 9:18 am

There is nothing in the guidance that suggest you can be absent from the UK during maternity leave. I think you will have a problem.

shal1981 · Post by **shal1981** » Sun Mar 10, 2013 9:42 am

Hi,

You are reffering to this guidance notes right?

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Post by **Lucapooka** » Sun Mar 10, 2013 10:33 am

No, I was referring to the T2 policy guidance but the settlement guidance is clear.

shal1981 · Post by **shal1981** » Sun Mar 10, 2013 11:35 am

so you think I'm ok to proceed?

shal1981 · Post by **shal1981** » Sun Mar 10, 2013 11:36 am

So as per settlement guidelines it is no problem?

db83 · Post by **db83** » Sun Mar 10, 2013 10:39 pm

shal1981 wrote:Hi,

Currently on T2 ICT.

I will be appliying for ILR soon. I have got letter from employer on SOC code etc & absences i.e holiday, maternity leave and all other documents which are required for this category

I was on maternity leave back in 2008/09. During part of maternity leave I was outside UK (which is less 180 days so no worry as per new ruels) and I was not paid. This is easily visible in my P60 of those years.

Will no salary during that will effect ILR being approved, However I was still employed with company but on unpaid leave?

You should have got a basic pay rate from HMRC during maternity ? We're you not eligible for that ?
http://www.hmrc.gov.uk/paye/employees/s ... erview.htm

shal1981 · Post by **shal1981** » Mon Mar 11, 2013 12:10 am

Yes I was eligible but due to hr procedural issue in sponsor company they thought I should not be getting SMP because I went back ( to country where I was originally employed) . After I came back and continued my leave here then I joined in job in UK, got my work permit extended under TIER 2 ICT in 2009 and then further in 2011 until 2013.

Also in 2007/08 and 2008/09 - company used to pay two Salaries - one here in UK and other in home country currency. This got changed later as immigration rule changed and in 2008 second half I was in home country during maternity leave which continued until may 2009. So p60 during for this that financial year and of 07/08 show NIL which cause me concern that how they would be interpreted.

Please advise

db83 · Post by **db83** » Mon Mar 11, 2013 11:15 am

shal1981 wrote:Yes I was eligible but due to hr procedural issue in sponsor company they thought I should not be getting SMP because I went back ( to country where I was originally employed) . After I came back and continued my leave here then I joined in job in UK, got my work permit extended under TIER 2 ICT in 2009 and then further in 2011 until 2013.

Also in 2007/08 and 2008/09 - company used to pay two Salaries - one here in UK and other in home country currency. This got changed later as immigration rule changed and in 2008 second half I was in home country during maternity leave which continued until may 2009. So p60 during for this that financial year and of 07/08 show NIL which cause me concern that how they would be interpreted.

Please advise

I think it could be a possible issue, as it interprets a break in residency. Wait for the gurus to answer it..or may be someone in a similar situation who got their ILR

wpilr_nov12 · Post by **wpilr_nov12** » Mon Mar 11, 2013 1:00 pm

Would you have been paid SMP or anything had you remained in UK during that period?

Otherwise you could argue that based on circumstances and facts then, you determined, with your employers support that you could safely remain outside of UK without jeopardizing your employment situation and immigration responsibilities.

It will probably be a minor distraction for the CW. But best to get it covered all round in good paperwork.

shal1981 · Post by **shal1981** » Mon Mar 11, 2013 11:25 pm

No I was not paid SMP at that time. This was due internal procedural issue in company but later after completing maternity leave I raised issue and post lot of discussion with HR I paid some part of maternity pay as they realised mistake.

During maternity leave I was on workpermit so not sure did I break legislation. Workpermit was for two years which was then extended to tier 2 ICT just after I joined back from maternity.

Absence from UK for that maternity = 178 so less than 180 days but this was not paid in UK at the time which is concerning me.

My company is cooperating so they may write a letter in support but I am not sure if there is any legislation from the time which will also support this and what kind of content my company should write.

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Maternity Absence - Impact on ILR

Maternity Absence - Impact on ILR

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