Post
by doconner » Tue Apr 16, 2013 12:11 pm
I have a question about the allowable period for previous earnings, specifically about when the 'last 15 months' are.
I am currently on year 4 of a Tier 1 (General) Visa, and will be applying for ILR next year.
The relevant dates for this are:
4 March 2009 - Initial Tier 1 (G) Visa valid from date (also the date I arrived in the UK)
20 March 2012 - Extension Tier 1 (G) was granted
20 March 2014 - Extension Tier 1 (G) will expire
From what I have read, I can apply for ILR from 4 February 2014. (28 days before my 5 year anniversary of being in the UK on Tier 1).
I am wanting to quit my current job, however I want to ensure that I have my previous earnings requirement satisfied before I do. With that in mind, I need to know how far back I can use for this.
The official guidance simply says:
"The applicant can claim points for previous earnings in any single, consecutive 12-month period during the 15 months immediately before the date of applying."
Assuming I can get an in person appointment in early February 2014, what months would I be allowed to use.
I am paid monthly on the last working day of the month, for the month just ended:
Month - Pay Period -------- Pay Date
1 -- 01/11/12 -> 30/11/12 -- 30/11/12
2 -- 01/12/12 -> 31/12/12 -- 28/12/12
3 -- 01/01/13 -> 31/01/13 -- 31/01/13
4 -- 01/02/13 -> 28/02/13 -- 28/02/13
5 -- 01/03/13 -> 31/03/13 -- 28/03/13
6 -- 01/04/13 -> 30/04/13 -- 30/04/13
7 -- 01/05/13 -> 31/05/13 -- 31/05/13
8 -- 01/06/13 -> 30/06/13 -- 28/06/13
9 -- 01/07/13 -> 31/07/13 -- 31/07/13
10 - 01/08/13 -> 31/08/13 -- 30/08/13
11 - 01/09/13 -> 30/09/13 -- 30/09/13
12 - 01/10/13 -> 31/10/13 -- 31/10/13
13 - 01/11/13 -> 30/11/13 -- 29/11/13
14 - 01/12/13 -> 31/12/13 -- 30/12/13
15 - 01/01/14 -> 31/01/14 -- 31/01/14
So let's assume I get an appointment at the PEO for 10 February 2014. 15 months prior to that date is 10 November 2012. Would I be allowed to use November 2012 pay, since my pay date is within the 15 months window, and use months 1-12 from above? Or would I not be allowed to include it as the pay period started before the 15 month date, and then would be required to use months 2-13?
I realise that this question is asking a very nuanced question, but hopefully someone has experience with how the 15 month period is applied in practice.