ILR & Maternity Leave/Pay

Hi all,

I am not applying for ILR until ~March 2023 (I first arrived in the UK on 4/4/18). However, I've recently become pregnant and I'm due in June 2022. I plan to take the full year of maternity leave offered by my organisation.

As I understand it, I had these options to meet my ILR financial requirement. However, I'm confused about the impact of maternity leave on option 1:

1. I had been intending to use my own income for my application but now will be on mat leave? Mat pay will have run out by April and the pay overall would be far less than my usual income.
2. Using my husband's business income. We would have UK tax filings from tax years 2021 and 2022 and these would be in excess of £19K annually (obviously barring any disaster).
3. If my husband keeps his 9-5 on top of his business, we could use his income (in excess of £19k).
4.. The savings route (£34,600 in an accessible account for 6 months).

Are there pros/cons for these options?

Congratulations!

Non-issue.  The rules allow for you to use your pay prior to maternity leave.  Tick that off the list of things to worry about!   

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence

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:
(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.
(b) Payslips covering:
(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
(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)).
(c) A letter from the employer confirming:
(i) the length of the person’s employment;
(ii) the gross annual salary and the period over which it has been paid at this level;
(iii) the entitlement to maternity, paternity, parental or adoption leave; and
(iv) the date of commencement and the end-date of the maternity, paternity, parental or adoption leave.

Oh thank god. Thank you KFdancer!!

But if you do have the £34,600 in savings available to you, that is by far the easiest method.  All you show is bank statements showing the funds were available to you/your spouse (and nobody else named on the account) for six full months before you apply, and answer a question in the application about the source of the funds.  No pay slips, no worrying about employer letters, etc.

Getting things in order now that I'm closer to my due date (early June) and knowing how little cerebral brain activity will be possible after this!!

Can I review what I have here on my checklist?

Entered UK on Spouse Visa: 4 Apr 2018
FLR(M) issued: 6 Nov 2020
FLR(M) expires: 3 Jun 2023
Apply for ILR from: 7 Mar 2023

Application Documents
- Applicant's US passport
- Signed sponsor's declaration (part of online application)

Proof of Identity/Travel History
- Sponsor's UK passport
- Applicant's BRP card

Finances
- 7 months of payslips - pre-mat leave (November 2021 - May 2022)
- 7 months of bank statements - pre-mat leave (November 2021 - May 2022)
- employer letter confirming:
*you or your partner are employed there
*the job title or position you or your partner hold
*how long you or your partner have worked there
*the type of contract (for example, permanent, fixed term)
*what you or your partner earn before tax and National Insurance
*how long you or your partner have been paid your current salary
*the payslips are genuine


Specifically about maternity leave:
*the length of the person's employment
*the gross annual salary and the period over which it has been paid at this level
*the entitlement to maternity, paternity, parental or adoption leave
*the date of commencement and the end-date of the maternity, paternity, parental or adoption leave

- job contract
- latest P60

Residence in the UK
Accommodation
- land registry document in both names
- mortgage in both names
- latest council tax bill
Cohabitation
- 6/7 items of mail in each name dated every 5 months going back 2.5 years (from at least 3 different sources):
Nov 2020
Apr 2021
Sept 2021
Feb 2022
Jul 2022
Jan 2023
Mar/Apr 2023

Other
- Marriage certificate
- Change of name document


Children under 18 living in the UK:
- each child's passport
- each child's birth certificate
- a letter dated in the last 3 months confirming each child's address (i.e. from GP or school)

*Edited to change years on correspondence