ILR and maternity leave

[LondonGirl]

Hello,

I will be eligible for ILR after a 5 year work permit at the end of the year. I am due to go on maternity leave about 2.5 months before I apply for ILR. Would maternity leave affect the ILR application? I wouldn't be getting 100% pay but close to for the first 8 weeks or so.

Thanks.

[John]

No effect whatsoever. Indeed under UK anti-discrimination laws it would be impossible to discriminate against you on the grounds that you are pregnant. And congratulations about the pregnancy by the way.

A couple of points ... firstly nothing maternity-related is within the definition of "Public Funds" so, for example, you are entitled to free NHS prescriptions and free NHS dentistry (assuming of course you can find an NHS dentist!). And clearly no problem whatsoever you getting your maternity pay.

Secondly, assuming the baby is born after you get your ILR, and assuming the baby is born in the UK, the baby (or might that be babies??) will be British as soon as born.

[LondonGirl]

Hi John,

Thanks for the encouraging response - one baby! I don't think I am entitled to maternity allowance and child benefits from DSS since my work permit clearly indicates no access to public funds.

The baby will be born 2.5 months before I come up for ILR and before my work permit expires. So, I will have to file and FLRO application to bring the baby's status in line with mine - I have been told that I would need to do this before I could put the baby on my ILR application as a dependent. What I am very concerned about though is whether the baby will be entitled to NHS coverage before its FLRO gets processed. It will take us about a month to get the baby a passport (need to do this before FLRO) and I have been told by IND that processing times for FLRO's vary from 4-14 weeks.

I am hoping that you might be able to shed some light on this.

Thanks a million.

[John]

I don't think I am entitled to maternity allowance and child benefits from DSS since my work permit clearly indicates no access to public funds.

"Public Funds" is defined in para 6 of the Immigration Rules, and makes no attempt to include all possible types of benefit paid by the UK Government. Whilst you should not claim Child Benefit or Tax Credits (before getting your ILR) there is no problem you claiming something such as Maternity Allowance ... because it is not within the Public Funds definition.

What I am very concerned about though is whether the baby will be entitled to NHS coverage before its FLRO gets processed.

Absolutely no problem the child using the NHS! In the same way as there is absolutely no problem you using the NHS.

[Prince1]

I will have to file and FLRO application to bring the baby's status in line with mine - I have been told that I would need to do this before I could put the baby on my ILR application as a dependent.

Can someone shed some light on this information. I was under the impression that once she has a British Birth certificate and the baby has not travelled out of the UK. It should be possible to include the baby as a dependent in the application.

[LondonGirl]

At the very least, it would make sense for IND to have some timeframe in mind for when the status of a newborn needs to be brought in line with that of its parents. What if you give birth a month before you apply for ILR? Seems utterly ridiculous and superfluous then to have to send in an FLRO application. But not according to the IND, at least, not the person I spoke to.

[Prince1]

I will have to file and FLRO application to bring the baby's status in line with mine - I have been told that I would need to do this before I could put the baby on my ILR application as a dependent.

John, can you please clarify?. I certainly have read it somewhere on this board that as long as you are not travelling in that short period of time, there is no need need for FLR for the baby. It will also be helpful if you can provide a relevant URL.

Thanks.

[John]

It will also be helpful if you can provide a relevant URL.

I am not sure I can do that, but would agree it would be very useful if BIA did clarify the point.

However the consensus on this Board, the collective experience, if that BIA seem to be relaxed about a young child, born in the UK, not having a visa, as long as one or both parents is legally in the UK. For a start there is the practical point that the child needs to have a passport in order to permit the visa to be put into that passport, so at the very least there is an inherent delay built into all of this.

[LondonGirl]

So, just to clarify - the due date is October 19. My 5 year work permit expires Dec 28, so I will be eligible to apply for ILR on November 28 - about five weeks after the baby's birth. Assuming that it takes at least a 3 -4 weeks to get things organized to get the baby an American passport (Dad is American) - shouldn't it be alright to just put the baby as a dependent on the ILR application and forgo the FLR(O). The tight timeframe alone makes it a little difficult to do the FLR(O).

What is BIA?

[John]

shouldn't it be alright to just put the baby as a dependent on the ILR application and forgo the FLR(O)

I think that is exactly what you should do, go straight for the ILR for the child. Just include the child on your application form.

What is BIA?

The successor to the IND ! Check out their website :-

http://www.bia.homeoffice.gov.uk/

[LondonGirl]

Thank you John.

Yes, I have been to their website many times but frankly, I cannot find any concrete information on my situation.