My wife came into the country in 2003 on a 5 years student visa and completed her course in August 2008. She was granted a 5 year work permit on october 2008. She got married in 2011 to a ILR holder and gave birth to a child who is a BC in september 2012. She took maternity leave from work in september 2012 for a year and is due back at work in september 2013. She has been on Statutory Maternity Pay (SMP) since september 2012 but this will cease in July 2013. She has a letter from her company stating she is still an employee but on maternity leave until september 2013. My questions are as follows:
1. Would she be eligible for ILR under the 5 year rule if she applies in September 2013? given the fact she will not be receiving neither SMP or salary between july 2013 and september 2013 but is still employed by her company?
2. Does she have to meet the minimum salary criteria as a civil engineer?
3. Also does she have to notify UKBA of her marriage?
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