Maternity Leave Rules under Tier2

[vijayj]

We are planning for family. However we don’t know following concern under Tier2.

1. Does my wife can take leave during her maternity period?
2. If yes, For how many months?
3. Maximum how many day she can spent in India after baby’s birth?
4. Does she can take any benefit pay for the baby after birth?
5. Do we need to apply Tier2 dependent visa for baby before going to India?

Basically my wife got her Tier2 visa last month for 3 years but I will qualify for 10 year ILR end of next year and planning to apply for her spouse visa and baby’s citizenship. So we are not sure how her salary will count for her ILR spouse visa, as I know she have to earn 18,600£ PA but she will get paid less during the maternity leave. Does that will be issue? Or Does her salary count on pro-rota basis for few months?

Any info highly appreciated.

Thanks

[CR001]

If you apply for ILR based on long residence and she applies for FLR(M), you can use joint income to meet the requirements.

Is she on a Tier 2 General as main applicant or as your Tier 2 G dependent? Your post is not clear.

[vijayj]

If you apply for ILR based on long residence and she applies for FLR(M), you can use joint income to meet the requirements.

Is she on a Tier 2 General as main applicant or as your Tier 2 G dependent? Your post is not clear.

Thanks CR001

My wife is on a Tier 2 General main applicant.

[CR001]

Do you work and earn enough to meet the financial requirement for FLR(M)?

What is your visa category?

1. Does my wife can take leave during her maternity period?
2. If yes, For how many months? She is allowed maternity. How long depends on her employer.
3. Maximum how many day she can spent in India after baby’s birth? See #1 above
4. Does she can take any benefit pay for the baby after birth? No, she is not entitled to claim beneftis
5. Do we need to apply Tier2 dependent visa for baby before going to India? If you want the baby to return with her then the baby will need a visa yes and can apply before baby leaves or from home country.

[vijayj]

Do you work and earn enough to meet the financial requirement for FLR(M)?
yes i earn 26K as Tier2 G dependent and my wife earn 22.5K as Tier2 main applicant
What is your visa category?
I am on Tier2 Dependent and my wife is on Tier2 G main applicant.

1. Does my wife can take leave during her maternity period?
2. If yes, For how many months? She is allowed maternity. How long depends on her employer. Her employer is NHS and one NHS web site it says NHS employee are entitled to a period of 52 weeks Maternity Leave, Does it make any difference for Tier2 employer?
3. Maximum how many day she can spent in India after baby’s birth? See #1 above
Is there any restriction on number of days she can stay out side UK under Tier2 G on maternity leave?
4. Does she can take any benefit pay for the baby after birth? No, she is not entitled to claim beneftis
5. Do we need to apply Tier2 dependent visa for baby before going to India? If you want the baby to return with her then the baby will need a visa yes and can apply before baby leaves or from home country.

[O_Relly]

As CR001 has already suggested, there should be no problem for you and your wife to meet the £18600 annual requirement to apply for FLR(M) for your wife as it could be joint income or even if you don't consider your wifes income, you independently satisfy the income criteria.

However be aware, your wifes ILR clock will get reset when she switches into FLR(M) at the end of next year when you obtain your ILR, and time spent as a Tier 2 General from last 3 months up until end of next year will be lost.

[iworker]

I also believe the (i may be wrong) that OP can use the salary the main applicant was getting just before starting her ML to meet the financial requirement of flr(m), although there is no real need of it, as just his own salary will be enough .