Hi! I just feel lost and overwhelmed about everything so please guide me. There’s so much things that have happened since I arrived in the UK in December 2019, haven’t had the chance to visit the Philippines then due to my marital status changing and because of that I had to go through the painful appeal (as the application to get ILR under DV got rejected) 2 and half years ago. To cut the long long story short and not to burden you with my life struggles, while waiting for the result of the appeal I met someone new, moved in and got pregnant, Im currently on maternity leave but I got the result from the home office that they have rejected my appeal and that i currently lost my rights to work. Home office have given us 10 working days to apply for a new visa which we have done. But im not sure about my rights to work? I mean im not sure i should be getting maternity pay since i have lost my rights to work, please correct me if im wrong? Please please help me.
Hi, very sorry to hear your about the situation your in Can you clarify that you applied for ILR on the DV route and this was rejected? What visa have they told you and that you have applied for? Where you working and if so for how long prior to pregnancy? Note SMP isn't usually considered public funds, so visa conditions like "no recourse to public funds" typically don't stop you from getting it. In theory as they rejected your ILR your visa has ran out and you should of left the country however the UKBA has given you the opportunity to app,y for a different visa which is good. I would go to your nearest citizen advice office and ask for their help
Hello! Thank you for your response! I came in thw country under a spousal visa.. on my 3rd year here the marriage broke down. It was a messy breakup and I kept on getting messages that since the marriage broke down I shouldn’t be here. I got scared of these messages and started to contacting some solicitors. They have advised me to apply an ILR prematurely under DV to stay indefinitely and I need to do this as soon as possible. That got rejected and I was ghosted by that solicitor since I was given a 14 days time line to file an appeal Ive contacted a different solicitor to take my case. Our appeal have been rejected after 2 and half years of wait but alot of things have happened since we have filed the appeal. The rejection basically said that I dont have the rights to work and given 14 days to either exit or apply for another visa. But im currently on maternity leave. I have contacted the citizens advice but due to holidays coming I was told there might be some waiting time. I currently have a solicitor that have applied for private life (family visa). Which we have passed just today. I have asked about it but it was so unclear. His going on a holiday and wont be back until after new years. And I feel so lost. Thank you for taking your time to read. I have been working for NHS for 4 years (admin) not a key worker.
This is how I see your situation! When did you finish work to go on mat leave? I take it the new partner is the parent! Did you fall pregnant while waiting the outcome of the ILR appeal? Did you continue working for NHS while the appeal was going through When your ILR appeal was rejected and you were told to leave the country but then given permission to stay while you applied for and successfully obtained the family visa this confirms you have the right to stay in the UK. Mat pay is not regarded as public funds therefore it would follow that if you've done all the qualifying weeks and met whatever else is required to that you are entitled to the pay even on your new visa I would of thought. However they might argue that once you lost the right to work then you lost the right to Mat pay but not sure they could remove accrued mat pay! Have you actually applied for mat pay?
I started my maternity april 2025 and will come back to work on april 2026. Yes got pregnant while waiting for the outcome of the ILR appeal. Yeah I was still working while it was going through as I still have my rights to work that time. But on the 15th of this month it got rejected and I've lost my rights to work. Im sorry but I dont understand what you mean about applying for mat pay. I have been receiving my mat pay since April this year.
Ah right so basically your asking should I be getting maternity pay or not from the point of losing your right to work! Does your new visa not allow you to work? I think you are entitled to mat pay accrued upto april 25
Thread is a bit confusing. I think the situation is that the ILR DV appeal got rejected on 15th December and she has now applied for private life family visa which I think don't yet know the outcome of. I think that the rights under previous visa situation will continue until they decide on the new visa application - definitely the case with normal spouse visa renewals Based on the timeline the maternity pay should now be down to statutory maternity pay - paid by employer but think ultimately paid by government as employer normally claims back. I'm sure that is not one of the public funds benefits. I don't see an issue with this one. Based on timing of events and starting in April 2025 then I believe will be down to just statutory maternity pay at this level and that finishes at the 9 month point which would be January. Right to work may be a bit more complicated but expect visa should be sorted by April 2026. Assuming baby father is British or Settled baby should have British citizenship and family life visa in that situation is fairly straight forward although will end up on 10 year route to ILR. Not sure if time on spouse visa and appeals would be included in the 10 year calc as would have to go look the detail up and not that versed on those rules.
