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ILR for tier 1 complicated by maternity . urgent help needed

Posted: Mon Apr 02, 2012 11:32 pm
by suji
Can someone please help me. I was on HSMP- for 2 yrs, followed by tier 1 general migrant and due for ILR after 30/04/12. I was on maternity leave for about 10 months in last 18 months. So I don't have payslips showing any salary during few of these months. so what documents do I need? and can I apply in person?
also I will be unemployed at time of applying will that affect my application?
I am really getting scared and wil appreciate help urgently please. Thanks

Posted: Mon Apr 02, 2012 11:45 pm
by Lucapooka
Please refer to the guidance. You simply claim for the most recent 15-month period in which you were working not counting the period of maternity or adoption-related absence. You count the 15 months of work that fall either side of the period of leave.

For example: An applicant has been working for four months, takes a period of maternity leave for 12 months, then returns to work for eight months before applying. In these circumstances we would consider the combined periods of four and eight months during which the applicant worked, but would not count the 12 months of maternity leave.
If the applicant is still absent from work for maternity or adoption-related reasons at the time of his/her application, we will consider a period of 12 months taken from the 15 months immediately before the absence began.

Posted: Tue Apr 03, 2012 7:23 pm
by suji
Thanks. Can you please tell me where do I find this guidance regarding maternity and ILR? what documents do I need regarding this maernity period? Can I apply in person at PEO?

Thanks alot for your help.

Posted: Tue Apr 03, 2012 8:10 pm
by Lucapooka
Here is the guidance. Look a paras 86 onwards. It's not specific to ILR; it's specific to claiming points for earnings, which is also a function of ILR.

I would not suggest applying at a PEO unless you are really confident that your paperwork is perfect. It sounds like you might not be able to make this determination, so, unless you are getting professional assistance, make a postal application.

Posted: Mon Apr 09, 2012 12:29 am
by suji
Thanks alot.