UK Spouse Visa - Maternity Leave
Jan 25th 2019, 1:52 pm
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UK Spouse Visa - Maternity Leave
Hi everyone ,
i wondered if anyone else has been in a similar situation.
I am currently on unpaid Maternity Leave from my full-time, permanent, salaried employment. I earn over £18,600.
I started work in March 2018 and I went on Maternity Leave after receiving 5 payslips.
I'm wondering if I can apply after returning to work and getting one more payslip (therefore having 6 payslips separated by a period of 12 months unpaid maternity leave) or whether I have to get another 6 months after the end of my Maternity leave?
Please find below the message I sent to UKVI, who were unable to provide clarification.
Thanks in advance
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I am asking for clarification of Section 5.5.21 of the Immigration Directorate Instruction Family Migration Appendix FM, Section 1.7 Financial Requirement that I have studied extensively.
“5.5.21. Any period of unpaid maternity, paternity, adoption, parental or sick leave in the 12 months prior to the date of application will not be counted towards any period relating to employment, or any period relating to income from employment, for which Appendix FMSE provides. For example, if a person takes 2 weeks’ unpaid parental leave, this period will be discounted and will not be considered to have broken any continuous period relating to their employment or to their income from employment, and the person can show that they meet the annualised average income required over a period of 6 months and 2 weeks prior to the date of application.”
I refer also to the case studies in section 5.5.23. One of which refers to an applicant’s partner in salaried employment using 6 monthly payslips before maternity leave:
”5.5.23. Case studies – Maternity, paternity, adoption, parental and sick leave
Example (a) The applicant’s partner is in the UK, has recently had a baby and returned to work from maternity leave 2 months prior to the date of application. Her contracted salary is £19,400 a year. She has been with her current employer for 2 years but, as she has not been earning the required level of income for all of the last 6 months because of her maternity leave, the period to be assessed can be the 6 months before she began her maternity leave.”
As you can see, the applicant’s partner in this case is allowed to use the 6 months prior to her leave, rather than 4 months before and 2 months after.
However, in example (b) below, where the applicant’s partner is in non-salaried employment, the unpaid leave is in effect discounted from a continuous period, so proof of income is accepted that straddles this period of unpaid leave.
“Example (b) The applicant’s partner is relying on Category A non-salaried employment but had 2 weeks’ unpaid sick leave 2 months prior to the date of application. This 2 week period will be discounted for the purposes of the application and it will not break the 6 month period of continuous employment required. So the applicant’s partner can show that they meet the annualised average income required over a period of 6 months and 2 weeks prior to the date of application.”
My question is: “Can 6 months payslips from salaried employment straddle a period of 12 months unpaid maternity leave?”
In other words, to meet the proof of income requirement, can payslips be submitted from 5 months before leave and 1 month following return to same post after maternity leave? Employment in this case would be continuous for all other purposes regarding employment legislation.
i wondered if anyone else has been in a similar situation.
I am currently on unpaid Maternity Leave from my full-time, permanent, salaried employment. I earn over £18,600.
I started work in March 2018 and I went on Maternity Leave after receiving 5 payslips.
I'm wondering if I can apply after returning to work and getting one more payslip (therefore having 6 payslips separated by a period of 12 months unpaid maternity leave) or whether I have to get another 6 months after the end of my Maternity leave?
Please find below the message I sent to UKVI, who were unable to provide clarification.
Thanks in advance
---------
I am asking for clarification of Section 5.5.21 of the Immigration Directorate Instruction Family Migration Appendix FM, Section 1.7 Financial Requirement that I have studied extensively.
“5.5.21. Any period of unpaid maternity, paternity, adoption, parental or sick leave in the 12 months prior to the date of application will not be counted towards any period relating to employment, or any period relating to income from employment, for which Appendix FMSE provides. For example, if a person takes 2 weeks’ unpaid parental leave, this period will be discounted and will not be considered to have broken any continuous period relating to their employment or to their income from employment, and the person can show that they meet the annualised average income required over a period of 6 months and 2 weeks prior to the date of application.”
I refer also to the case studies in section 5.5.23. One of which refers to an applicant’s partner in salaried employment using 6 monthly payslips before maternity leave:
”5.5.23. Case studies – Maternity, paternity, adoption, parental and sick leave
Example (a) The applicant’s partner is in the UK, has recently had a baby and returned to work from maternity leave 2 months prior to the date of application. Her contracted salary is £19,400 a year. She has been with her current employer for 2 years but, as she has not been earning the required level of income for all of the last 6 months because of her maternity leave, the period to be assessed can be the 6 months before she began her maternity leave.”
As you can see, the applicant’s partner in this case is allowed to use the 6 months prior to her leave, rather than 4 months before and 2 months after.
However, in example (b) below, where the applicant’s partner is in non-salaried employment, the unpaid leave is in effect discounted from a continuous period, so proof of income is accepted that straddles this period of unpaid leave.
“Example (b) The applicant’s partner is relying on Category A non-salaried employment but had 2 weeks’ unpaid sick leave 2 months prior to the date of application. This 2 week period will be discounted for the purposes of the application and it will not break the 6 month period of continuous employment required. So the applicant’s partner can show that they meet the annualised average income required over a period of 6 months and 2 weeks prior to the date of application.”
My question is: “Can 6 months payslips from salaried employment straddle a period of 12 months unpaid maternity leave?”
In other words, to meet the proof of income requirement, can payslips be submitted from 5 months before leave and 1 month following return to same post after maternity leave? Employment in this case would be continuous for all other purposes regarding employment legislation.
