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Topic: Apply for ILR, 5 years working but on maternity leave...  (Read 2901 times)

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Apply for ILR, 5 years working but on maternity leave...
« on: July 16, 2015, 09:23:59 AM »
To anyone who can help!

I am trying to figure out what to apply for and when.

My husband (US citizen) has ILR and I (US citizen) have a visa under TIER 2 (Migrant Worker) that expires in August 2016. We never had a spousal visa or any type of dependency together because we came to England separately (meeting in the UK) and then married in USA 3 years ago.
I have been working consistently in the UK for 5 years this September, 2015 (a year before my VISA expires). And I am pregnant and expecting my first child August 13th 2015, putting me on Maternity Leave until April 2016. I understand that I cannot apply for ILR working part-time, which I would be after April 2016.

Ultimate Questions:
1) What should I apply for to keep me here in the country with my Husband and child?
2) Can I claim dependency on my husband's ILR at any time now, before my Visa expires in 2016 or do I need to wait until 28 days before the expiry of my visa and apply for Dependency then?
3) Can I actually apply for ILR 28 days before my 5 year working date or does it need to be 28 days before my VISA expires- in which case it's 2016 and I don't make enough money to apply then.

Sorry so complicated and thank you so much for any help!


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Re: Apply for ILR, 5 years working but on maternity leave...
« Reply #1 on: July 16, 2015, 09:33:13 AM »
Also- does my child need to apply with me on my application as a dependent? Or being born  here to one parent with ILR mean they have British Citizenship when they apply for a Passport?


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Re: Apply for ILR, 5 years working but on maternity leave...
« Reply #2 on: July 16, 2015, 09:38:10 AM »
As your husband has ILR, your child will be British and not need a visa.

You can apply for ILR up to 28 days prior to your 5 year anniversary in the UK.  Maternity leave will have no bearing on this, as they will take your status prior to maternity leave.

If you switch categories to be your husband's dependent, this will reset the clock for you and you will have to remain in that category for 5 years before being eligible for ILR (or you could apply after 10 years based on 10 years continuous residence).

Can you apply in August?  Chances are you won't even be on maternity leave yet (if you work right up until your due date).


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Re: Apply for ILR, 5 years working but on maternity leave...
« Reply #3 on: July 16, 2015, 09:43:10 AM »
Thank you for your quick response.   I actually start Maternity Leave July 27th, but that doesn't mean I still can't apply in August right?

And can I ONLY apply 28 days prior to my 5 year anniversary or could I apply after that 5 year anniversary, but before next year, say in November? 

Thank you.




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Re: Apply for ILR, 5 years working but on maternity leave...
« Reply #4 on: July 16, 2015, 09:47:04 AM »
Just so long as you apply for your next visa prior to your expiration date, you will be fine.  Sounds like you have a nice long window to apply.  :)


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Re: Apply for ILR, 5 years working but on maternity leave...
« Reply #5 on: July 16, 2015, 09:52:46 AM »
oh man you have made my day!
I wasn't looking forward to doing a VISA application/process while also just giving birth and looking after my first child! thank you thank you!!


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Re: Apply for ILR, 5 years working but on maternity leave...
« Reply #6 on: July 16, 2015, 01:05:40 PM »
oh man you have made my day!
I wasn't looking forward to doing a VISA application/process while also just giving birth and looking after my first child! thank you thank you!!

Didn't I make your day a week or so ago when I told you all of this on immigration boards?? :(
2004-2008: Student Visa
2008-2010: Tier 1 PSW
2010-2011: Tier 4
2011-2014: Tier 2
2013-2016: New Tier 2 (changed jobs)
16/12/15: SET (LR) successful! - It's been a long road...
12/05/16: Citizenship ceremony!


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Re: Apply for ILR, 5 years working but on maternity leave...
« Reply #7 on: July 16, 2015, 01:30:39 PM »
"physicskate" - You did as well!!  :-[
 I just wanted to confirm from more than one source that this information was correct! No offense intended.



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Re: Apply for ILR, 5 years working but on maternity leave...
« Reply #8 on: July 16, 2015, 02:17:03 PM »
I would still recommend doing your own research from the .gov site and the official UKVI references.


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