Tier 1(General) Extension and Maternity without job

[arpradha]

Hi All,

I am holding Tier 1 General which will expire on May 2012. Currently I am pregnant and my baby is due on Aug 2011. Currently I am working in IT company in UK from Oct 2009 on deputation . My agreement with UK branch will end on Sept 2011 which will compel me to move to India, if I wish to continue with same job.after discussion with my HR ,It seems my uk branch comapny is not bothring me to give any benifits of maternity in UK.

Hence I decided to leave the Job on Aug and finding issue for extending my Tier 1 Visa in next year.

Can anybody please illuminate on the following?

1) If I will be without any job , will I be eligible for extension under maternity and adoption related absence.

http://www.ukba.homeoffice.gov.uk/worki ... onabsence/

Appreciate all helps and suggestion suitable to my situation



Thanks and Regards

[geriatrix]

Reading the policy guidance will help understand how to calculate previous earnings when the applicant has been on maternity leave / adoption related leave anytime during the "15 month" assessment period.

[arpradha]

Thanks sushdmehta for your Reply.

From the policy Guidance , its really confusing me on following

1) The quotes such "The provision for maternity or adoption-related absence" or "Away from workplace due to maternity or adoption " .Does that means

a)You have to be in Job for UK employer and take maternity or adoption leaves?
b)Does this absence means , you can resign the Job and don't intend to join till 52 weeks.

2) Documents required to proof "that absence was for maternity or adoption reasons" -- specifies three documents (a)Birth certificate , (b)Letter from Employer or (c)Playslips/Payments/Remiitence documents .
But there was no examples or alternative documents given , if a applicant is unable to produce (b) or (c). A applicant cannot produce (b) or (c) only if he or she is out of job during this absence.

Can you please clarify more on my understanding ?


Thanks Again

Regards
Aru

[geriatrix]

You need to remain employed while on maternity leave (paid or unpaid) - to benefit from the specified allowance. This concession exists, IMHO, because it is understandable and expected that such applicants will not be able to earn the same income during (maternity or adoption related) leave period (leave for specific purpose of child birth and/or child care) as they would otherwise be able to if they were working full-time.

"Maternity or adoption related absence from workplace" is not the same as "voluntarily choosing to be unemployed". One must have a workplace to be allowed absence from it.

IMHO ...

[marynwokedi]

@sushdmehta

What if someone has being in self employment before and after maternity leave and she got maternity allowance from Jobcentre and now wants to apply for tier 1 visa exempting the maternity period. What document can be used since there is no letter from employer or payslips?

[awnishupadhyay]

Hi arpradha,

My Wife has the same issue and I had posted this forum in June
Tier 1 G extention based on maternity leave without a job. Please check the below post

http://www.immigrationboards.com/viewtopic.php?t=104864

I am still confuse. I emailed UKBA but have not got any reply from them. Its been more than 3 weeks now. I will call them and will update you about this. In the mean time, if you find some useful information, would you please share this with us.

Awnish[/url]