Visa expiring before baby is born. Can I still get SMP?

You will qualify to claim Statutory Maternity Pay (“SMP”) provided you have been employed by your employer for a continuous period of at least 26 weeks up to and including the 15th week before the week in which the baby is due, AND during the eight-week period ending with the 15th week before the week the baby is due, you have average earnings of at least the lower earnings limit for National Insurance.

You require advice in relation to whether you need to renew your visa in order to receive SMP, and what would happen if you move back to your home country during your 39 weeks of payment.

As long as you are eligible to reside in the UK you will qualify for SMP (if you meet certain conditions) or Maternity Allowance (if you are unemployed or do not meet the criteria for SMP). However, if you were to move countries this entitlement would cease at the point you left the country. This is also a question that has elements of emigration law involved so I would suggest that you also contact the British Embassy as they can probably provide further advice to you.

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