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Previous Earnings - Determining 15 month window

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doconner
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Previous Earnings - Determining 15 month window

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.

gurrano2
Junior Member
Posts: 56
Joined: Mon Feb 18, 2013 4:18 pm

Post by gurrano2 » Tue Apr 16, 2013 3:09 pm

You can use any consecutive 12 months within the last 15 monthe before your application. In the last 15 months before you application, you can use months 1...12 or months 2...13 or months 3....14....or months 4....15 or if you earning is complete in months 1...6. It has to be consecutive and not from any months within the 15 months. Hope it is clear.

doconner
Newbie
Posts: 31
Joined: Wed Dec 08, 2010 9:40 pm

Post by doconner » Tue Apr 16, 2013 3:53 pm

gurrano2 wrote:You can use any consecutive 12 months within the last 15 monthe before your application. In the last 15 months before you application, you can use months 1...12 or months 2...13 or months 3....14....or months 4....15 or if you earning is complete in months 1...6. It has to be consecutive and not from any months within the 15 months. Hope it is clear.
I understand that it is 12 consecutive months, my question relates to when exactly the 'last 15 months' begins. Is it the pay period, or pay date?

gurrano2
Junior Member
Posts: 56
Joined: Mon Feb 18, 2013 4:18 pm

Post by gurrano2 » Tue Apr 16, 2013 4:23 pm

From the earning period you sure claiming.

doconner
Newbie
Posts: 31
Joined: Wed Dec 08, 2010 9:40 pm

Post by doconner » Tue Apr 16, 2013 4:29 pm

gurrano2 wrote:From the earning period you sure claiming.
I appreciate you trying to help, but did you read my entire initial post?

Praveen4444
Newly Registered
Posts: 23
Joined: Mon Oct 04, 2010 8:18 pm
India

Post by Praveen4444 » Tue Apr 16, 2013 5:04 pm

You can include 'November 2012' pay because the pay date falls under the 15 month duration. I am applying for visa next month and I have included a similar payment in my application

Praveen

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