A Guide to Skilled Worker Visa Maternity Leave UK

A Guide to Skilled Worker Visa Maternity Leave UK

Victoria
Victoria

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A skilled worker visa is a visa required for foreigners who are skilled and want to work in the UK for licenced UK employer. This kind of visa is a long-term visa that will be provided for a period of 5 years, but it depends on the duration of your Certificate of Sponsorship.

The most important thing to take into account is that your visa will be valid until you decide to work in the same position during your working period but if you change your role or employer, then you have to apply for the new skilled worker visa.

According to the UK’s immigration rules, if you have submitted a UK visa application, or are living in the UK and become pregnant, there is no specific law that can prevent a pregnant woman from travelling to the UK. For skilled worker visa maternity leave UK there are certain options and steps that will depend on your circumstances.

Skilled Visa Worker Eligibility and Requirement

In order to be eligible for a skilled worker visa maternity leave UK, you must:

  1.   You must get a job offer from a company in the UK
  2.   Your employer needs to be listed on the Home Office-approved list of licenced sponsors.
  3.   You must possess a current “Certificate of Sponsorship” from your employer.
  4.   Your current position needs to be listed among the eligible occupations.
  5.   The required skill level must be met by you, at least equal to RQF level 3.
  6.   The minimum wage requirement of £26,200 annually must be fulfilled by you.
  7.   You need to be proficient in the English language.
  8.   To demonstrate that you can sustain yourself in the UK, you need to have £1,270 in your bank account.

Maternity Condition on a Skilled Worker Visa UK

In order to get a skilled worker visa maternity leave UK, it is crucial for you to be in the UK as a visitor and while staying there, if you get pregnant, then the immigration options will apply based on your condition after knowing your partner’s status in the UK. If your partner is a permanent citizen of Britain, an Irish citizen, or they hold an indefinite leave to remain or any other form that proves your residence in the UK, you may want to apply for any of the following visa categories under the system for family migration:

  • Fiancé Visa
  • Spouse Visa

Furthermore, it is compulsory for you to have one of these visas by staying outside the UK. It is being said that, if you are reluctant to leave the UK due to medical reasons (such as being declared medically unfit to fly because your pregnancy is past six months old) or other medical issues, you might be entitled to request that the Home Office use its own judgment. In this case, it’s crucial to see an immigration lawyer to make sure you have the correct information for your particular case.

Fiancé Visa

Those who intend to marry or form a civil partnership with a British or Irish citizen within the next six months, or who have the legal capacity to reside in the UK in perpetuity, are eligible for the UK fiancé visa. Holders of a fiancé visa may apply from within the UK to change to a spouse visa after getting married or establishing a civil partnership (see details on the spouse visa below).

As previously stated, changing from a visiting visa to a fiancé visa while in the UK is typically not achievable until. Unless you can demonstrate that you are unable to leave the UK for medical reasons, this is the case even if you are pregnant.

Spouse Visa

With the UK spouse visa, you can have the eligibility to live in the UK with your partner, who is a British or Irish citizen or your partner holds an indefinite leave to remain in the UK. You can switch your visa from a fiancé visa to a spouse visa if your marital status is married or you are in a civil partnership with your UK Based partner.

On the other hand, if you reside in the UK but do not hold a fiancé visa, typically, submitting an application for a spousal visa requires you to leave the country. For the spousal visa you have to show the following things to the Home Office so have a look at them:

  • You have to prove that you are married in a civil partnership, or have resided with your partner for at least 2 years.
  • Moreover, your partner must have a combined income of at least £18,600.
  • You must have cleared all the English Language requirements.

In the event that your spouse visa application is granted, your initial stay may be up to 33 months. After that, another extension of 30 months is possible. You can apply for permanent residency in the UK after five years of ongoing presence.

Visa for restricted Leave of absence due to Pregnancy

If you find yourself pregnant while in the UK with a valid (i.e., non-expiring) limited leave to remain visa (for example, as a Tier 4 student visa holder), you won’t have to notify the Home Office and can carry on with your time here.

It is crucial to realize that if your visa is about to become invalid, you will not be allowed to remain because your child was born in the United Kingdom. Even if your child is born in the UK, they will not immediately become a British citizen under the nation’s immigration and citizenship laws until either of their parents is a British citizen or has indefinite leave to remain (ILR).

In another case, if you leave the UK and after sometime you want to come back to UK with you child under other conditions that includes working (work visa) or educational purpose (student visa) then you must apply for child dependant visa in order to keep your child with you.

Rights of a Pregnant Woman in UK

If a woman who is working in UK and is pregnant they have several rights, including the right to reasonable paid time off for prenatal care, protection from hazards to their health and safety, and 52 weeks of paid maternity leave beginning on the day of employment. Also, pregnant employees have the right to return to the same job after maternity leave. If the job is no longer available, they should be offered a suitable alternative on similar terms and conditions. Moreover, if a pregnant employee is unable to work due to a pregnancy-related illness in the four weeks before the expected week of childbirth, maternity leave automatically begins.

 Documentations needed to stay in UK during Pregnancy

As previously said, if you are pregnant, you could be able to stay in the UK after your visiting visa expires and change to a different one. It is significant to remember that the precise documentation you have to submit to the Home Office will vary depending on your unique situation. Proof that you are truly unable to depart the UK in order to apply for a family visa (and consequently must relocate within the UK) may be shown by the following documents:

  1.   A letter from your doctor that states that you are not allowed to travel under medical grounds.
  2.   A marriage certificate.
  3.   A certificate that proves that you have a civil partnership.
  4.   Evidence of your two years or longer shared residence, such as utility bills or lease.
  5.   If you are applying for a fiancé visa, you must provide proof that you plan to get married or form a civil partnership within six months.

FAQs

Can a skilled worker extend their visa while on maternity leave?

It is possible to extend a visa while on maternity leave. However, specific visa extension rules and requirements may vary. Skilled workers should consult with the UK Visas and Immigration (UKVI) or seek legal advice for guidance on extending their visas.

Is maternity leave paid for skilled workers on a visa?

Maternity leave entitlements and pay depends on the employment contract and the employer’s policies. Skilled workers on visas should check with their employers to understand the company’s maternity leave policy.

Can a skilled worker on a visa in the UK take maternity leave?

Yes, individuals on skilled worker visas in the UK are generally entitled to maternity leave, similar to British citizens. The right to maternity leave is based on employment status rather than immigration status.

Do maternity benefits apply to all types of visas?

Maternity leave benefits are generally tied to employment rather than the type of visa. As long as a skilled worker is legally employed in the UK, they should be entitled to maternity leave benefits.

What documentation is required for maternity leave on a skilled worker visa?

Documentation requirements may include notifying the employer in advance, providing medical evidence, and following the employer’s internal procedures. Skilled workers should communicate with their employers to understand the documentation required.