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Spouse Visa Extension - Maternity Leave

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klite12
Junior Member
Posts: 95
Joined: Fri Nov 04, 2016 10:36 pm

Spouse Visa Extension - Maternity Leave

Post by klite12 » Sat Oct 05, 2019 1:37 am

Hi,

I have a quick question.

If my wife was to get pregnant and had to go on maternity leave, how would our joint income be assessed for the renewal? I know we need to meet £18,600.

If the SMP + my income is not enough, however her salary prior to it was? Then is it possible to take the salary from before the maternity leave?

Thanks!

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seagul
Diamond Member
Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
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United Kingdom

Re: Spouse Visa Extension - Maternity Leave

Post by seagul » Sat Oct 05, 2019 5:03 am

klite12 wrote:
Sat Oct 05, 2019 1:37 am
Hi,

I have a quick question.

If my wife was to get pregnant and had to go on maternity leave, how would our joint income be assessed for the renewal? I know we need to meet £18,600.

If the SMP + my income is not enough, however her salary prior to it was? Then is it possible to take the salary from before the maternity leave?

Thanks!
Assuming you both are working for same employer from 6 months. So she can use her income from the last 6 months from the date of commencement of maternity leave and if necessary then can combine with yours income to meet the financial requirement.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

bathanza
Senior Member
Posts: 693
Joined: Sat Oct 15, 2016 6:56 pm
Location: London
United Kingdom

Re: Spouse Visa Extension - Maternity Leave

Post by bathanza » Sat Oct 05, 2019 7:57 am

Always good to look at the guidance notes..this is from Appendix FM. 6 months prior to commencement is fine but tale a look at other req too. See below.

5. In respect of statutory or contractual maternity, paternity or adoption pay all of
the following, and in the respect of parental leave in the UK only the evidence at
paragraph 5(c), must be provided:
(a) Personal bank statements corresponding to the same period(s) as the payslips at
paragraph 5(b), showing that the salary has been paid into an account in the name of
the person or in the name of the person and their partner jointly.
(b) Payslips covering:
(i) a period of 6 months prior to the date of application or to the commencement of the
maternity, paternity or adoption leave, if the applicant has been employed by their
current employer for at least 6 months (and where paragraph 13(b) does not apply); or
(ii) any period of salaried employment in the period of 12 months prior to the date of
application or to the commencement of the maternity, paternity or adoption leave, if the
applicant has been employed by their current employer for less than 6 months (or at
least 6 months but the person does not rely on paragraph 13(a)).
(c) A letter from the employer confirming:
(i) the length of the person's employment;
(ii) the gross annual salary and the period over which it has been paid at this level;
(iii) the entitlement to maternity, paternity, parental or adoption leave; and
(iv) the date of commencement and the end-date of the maternity, paternity, parental or
adoption leave.
In addition to the evidence listed above, P60(s) for the relevant period(s) of employment
(if issued) and a signed contract(s) of employment may also be submitted in respect of
paid employment in the UK. If they are not submitted, the decision-maker may grant the
application if otherwise satisfied that the requirements of Appendix FM-SE relating to
that employment are met, or they may ask for the documents to be submitted in
accordance with paragraph D of the Appendix

Husband's timeline - overstayer 11 yrs
08/16 - FLR (FP) Partner, refused 02/18, 03/18 - JR permission refused with merit
08/18 - FLR FP (Partner) PSC - Approved
07/20 - FLR FP to FLR M Switch - Approved, 03/23 FLR M Ext Approved.

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