Tier 2 (General) to ILR while on Maternity - Granted - Thank you

[sg664]

Hello,

I have recently applied for my ILR via Tier 2 General and have been granted the same.

I wanted to thank Casa and CR001 for all their valuable suggestions (you haven't replied to me directly but i had scouted around the forum and gathered all your advice suitable for me before I made my application). Given i made my application sound complicated in my head than necessary since i applied while on unpaid part of maternity leave, the suggestions on this forum kept me sane!

Also, i wanted to make a few things very clear to other forum members who might be in similar situation and offer my few cents here. Note this is only for Tier 2 General (5 year route).

1. Everyone who is expecting a child is eligible for full 52 weeks of maternity leave in the UK. This applies to migrants on Tier 2 General visa. Taking the full leave doesn't affect your chance of being granted with ILR (period), as long as you satisfy all other requirements

2. Given you are on maternity leave (paid or unpaid), you will be exempt from meeting your salary requirements, mentioned in your SOC code, (only!!) during maternity leave. This is only applicable if your salary immediately a month before you start your maternity and your salary upon your return (whenever you do) meet the SOC required limit.

3. If you are travelling outside UK during your maternity leave, the same 180 day rule applies. ie. you cannot stay outside UK for more than 180 days. If you travel for a short period during your maternity (ie less than 6 months), you dont necessarily have to get your employer include this in your absences from UK letter (if your employer is happy to do it, well and good)

4. You don't have to apply for ILR for your baby born in the UK the same time you apply for your ILR. Also depending on your spouse's visa, the child will be eligible for registration as British Citizen via MN1 form

5. Receiving SMP or having a maternity exemption certificate for NHS prescriptions doesn't account to accessing public funds! So you can make use of these without having the fear of having your ILR being rejected

6. If you have a partner, they can avail 2 week paternity leave and you can also take advantage of Shared Parental Leave if your employer signed up for it! Again, this doesn't affect your or their ILR application

7. In addition to the usual standard documents required for any Tier 2 General applicants, you have to provide few additional documents
- Birth certificate of child
- Payslips covering the period of your maternity
- Bank statements covering the period of your maternity
- Payslip from the month immediately prior to start of maternity
- Bank statement from the month immediately prior to start of maternity
- Letter from employer confirming the maternity leave you have taken and what your salary is upon your return
- Your recent payslip (though you wont have anything on this other than tax refund, you should still get this from employer and submit it)
- Your recent bank statement (corresponding to the above)

Hope this helps someone!!

[Majeed39]

Congratulations!
Thank you for posting this
It helps alot

Almost the same situation, but 4 years on tier 2 now.

Will go to mat leave soon
May I ask if mat leave counts towards ILR?

If yes, can I apply for ILR while on mat leave?

Many thanks

[CR001]

Congratulations!
Thank you for posting this
It helps alot

Almost the same situation, but 4 years on tier 2 now.

Will go to mat leave soon
May I ask if mat leave counts towards ILR?

If yes, can I apply for ILR while on mat leave?

Many thanks

I did already answer your questions in your topic and provided the policy guidance.

[Majeed39]

Thank you
Can not find my post, though

[CR001]

Thank you
Can not find my post, though

In the tier 2 sub forum where you posted it!!!

uk-tier-2-employer-sponsored-visas/ilr- ... l#p1796534