HSMP--Extension(2+3)--Pregnant--Earnings?

[moganlal]

Hi,
My wife is on hsmp and working in UK and now she's pregnant.
1) This would affect her earning for the last 12 months required for renewal.
2) Would the HO give exemption under such cases as she is employed but only temporarily not earning that amount?
we are very anxious over this extension and spending sleep less nights, your help on this is greatly appreciated.
Mogan

[SKUK]

Mogan,

Isn't she eligible for paid maternity leave under UK employment laws ? Did she enquire with her employer ?

She should take good care of herself and not worry too much. I have a suggestion. Talk to the employer, explain the situation and may be make an arrangement for pay which you can then later return. They might be considerate......

Better still if someone in the forum faced a similar situ can advise.....

[gordon]

Victoria recently referred to a case where the argument for such an exception was successfully made for maternity leave. I'm unsure whether the exception was made for an initial application or an extension application, but the approach might merit further exploration. An alternate approach might be to submit the FLR application much earlier (cf kck9's experience).

[moganlal]

thanks for your replies SKUK and Gordon.
SKUK: She is eligible for paid leaves but the amount is not 100% of the salary and this is what brings down the total amount earned in that period. And to ask the employer to pay more in advance doens't sound good as they might have to show reasons for the variation and may get into tax problems which they dont want to. So haven't approaced them on this front.

Gordon: Thanks for your reply. Even if I go for early extension then what after those 3 years where she still fall short of one and half years toward 5 years ILR. Woudl there be a further extension?

Fellow board members please help in this regard.
many thanks to you all,
Mogan

[gordon]

In kck9's case of the early extension application, the additional three years were added to the existing leave; it does not appear that the extension leave was dated with immediate effect.

[OFCHARITY]

I have personal knowledge of such a case, HO policy team confirmed in writing that they would use the woman's earnings before she proceeded on Statutory Maternity leave, provided her earnings once she returned to work did not go down ( because of reduced hours etc.) If this happened then they said the actual earnings after she returned would be used, they required a letter from the employer issued during the maternity leave and confirming the dates of the statutory maternity leave. In one case a woman successfully applied early (less than a year early) since she was able to gain enough points to qualify easily then, she wrote a letter to explain why as well as attached strong evidence of the pregnancy, letters from the employer confirming entitlement to statutory maternity leave, earnings etc. Of course the normal required documents for extension were included. Remember also that you only need to show enough earnings in a continuous 12 month period out of 15, so she could also choose to take only a 3 month maternity leave if this helps.

[kck9]

thanks for your replies SKUK and Gordon.
SKUK: She is eligible for paid leaves but the amount is not 100% of the salary and this is what brings down the total amount earned in that period. And to ask the employer to pay more in advance doens't sound good as they might have to show reasons for the variation and may get into tax problems which they dont want to. So haven't approaced them on this front.

Gordon: Thanks for your reply. Even if I go for early extension then what after those 3 years where she still fall short of one and half years toward 5 years ILR. Woudl there be a further extension?

Fellow board members please help in this regard.
many thanks to you all,
Mogan

check your private message...good luck