maternity leave on tier 2(general visa)

[pompam]

Hi

I am currently on tier 2(general) visa.I got one dependant 4 year old child with me. My questions are

1. Can I take maternity leave? If yes then how long?
2. The only thing that is confusing me is the following paragraph(240 and 241) from tier 2 guidance
"

240. We may curtail your leave if:You are absent from work without pay for 4 weeks or more in total, according to your
normal working pattern, during any calendar year (1 January to 31 December). For
example, if your normal working pattern is 4 days a week, this would apply if you were
absent from work without pay for 16 or more days. This applies whether the absence was
over a single period or more than one period. It does not apply to absences which were
solely due to maternity, paternity, shared parental or adoption leave or long term sick
leave.
241. Where your circumstances fall under a reason listed above but any of the following apply
to you, it may affect our decision to curtail: 1.you have a dependant child under the age of 18;"

3.So does that mean if I take maternity leave then HO may curtail my visa? As I have dependant child and this is my second child.

I ll appreciate if anyone can guide regarding this.

[CR001]

Hi

I am currently on tier 2(general) visa.I got one dependant 4 year old child with me. My questions are

1. Can I take maternity leave? If yes then how long?
2. The only thing that is confusing me is the following paragraph(240 and 241) from tier 2 guidance
"

240. We may curtail your leave if:You are absent from work without pay for 4 weeks or more in total, according to your
normal working pattern, during any calendar year (1 January to 31 December). For
example, if your normal working pattern is 4 days a week, this would apply if you were
absent from work without pay for 16 or more days. This applies whether the absence was
over a single period or more than one period. It does not apply to absences which were
solely due to maternity, paternity, shared parental or adoption leave or long term sick
leave.
241. Where your circumstances fall under a reason listed above but any of the following apply
to you, it may affect our decision to curtail: 1.you have a dependant child under the age of 18;"

3.So does that mean if I take maternity leave then HO may curtail my visa? As I have dependant child and this is my second child.

I ll appreciate if anyone can guide regarding this.

Read the paragraph again!

[pompam]

hi
its paragraph 241 that is causing actual problem..In para 240 it says that it does not apply if you take leave due to maternity but in para 241 it says that although you take due to maternity but foolowing conditions apply then it may affect our decision to curtail leave. I need advice regarding that please..I am pasting full para 241 again here.

"241. Where your circumstances fall under a reason listed above but any of the following apply
to you, it may affect our decision to curtail:
o you are under the age of 18;
o you have a dependant child under the age of 18;
o you have fewer than 60 days leave remaining where the intention is to curtail your
leave;
o you have been granted leave to enter or remain with another sponsor or in another
immigration category;
o you have an application for leave to remain or variation of leave pending with the
Home Office or you have a pending appeal under section 82 of the Nationality,
Immigration and Asylum Act;
o your sponsor applies for a sponsor licence but is refused."

[CR001]

It DOES NOT apply to maternity or paternity leave as stated in 240.