Curlysu

Hello everyone , hope everyone is doing fine.

i am asking for some help on behalf of my friend.

shes is currently on maternity leave which commenced on 15 December 2021, she will be paid up until September 2022.

her husband is due to apply for ilr in december 2022 which makes 5 years since he has been here.

my friend does not plan to return to work until January 2023 so she will not receive any maternity pay during this time as it will be ended.

will this affect her meeting the requirements or will she able to use her payslips before going on maternity leave ?

Thanks much for your help

SanDiegogirl

Doesn't husband work? So much easier if he meets the financial requirement through straight employment income.

Curlysu

He does work , he registered as self employed.

SanDiegogirl

1. 5. In respect of statutory or contractual maternity, paternity or adoption pay all of the following, and in respect of parental leave in the UK only the evidence at paragraph 5(c), must be provided:
   1. (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.
   2. (b) Payslips covering:
      1. (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
      2. (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)).
   3. (c) A letter from the employer confirming:
      1. (i) the length of the person’s employment;
      2. (ii) the gross annual salary and the period over which it has been paid at this level;
      3. (iii) the entitlement to maternity, paternity, parental or adoption leave; and
      4. (iv) the date of commencement and the end-date of the maternity, paternity, parental or adoption leave

Based on the above and, taking into consideration that she has a gap of income from September 2022 to Jan 2023, (so she can't provide 6 months of payslips from the date of application, presuming her husband is applying in Dec 2022, she would have to provide the 6 months of payslips from the start of the maternity leave.