Any exceptions to having earnings in the past 12 months?

[JamesBahn]

To make a long story very short, my wife entered the US when she was a young girl. During that time, her mother overstayed a visa (when my wife was 13). The US deported her 10 years later because of this. Now we are living in Costa Rica while we try to rebuild our lives somewhere else.

We qualify for Tier 1 in every way except for having earnings during the past 12 months. My wife departed the US on May 2, 2009 and of course I followed. I left a job with considerable income, but have not worked since.

I contact one attorney and her only comment was "you probably dont qualify" . I take the advice of any attorney who uses the word "probably" very lightly so wanted to get the opinions of the greater group. Would it be worth it to hire a knowledgeable solicitor?

Cheers.

[geriatrix]

We qualify for Tier 1 in every way except for having earnings during the past 12 months.

If you don't get 75 points for attributes (+10 points for English + 10 points for maintenance funds), you do not qualify! Simple.

regards

[JamesBahn]

Sorry, I should have been more detailed. I filled out the calculator on the Home Base website, including correct salary and dates of that salary. In total, I scored 95 points. Like I said, I am eligible in every way, except for having earnings in past 12 months.

[JamesBahn]

My question boils down to this. Does the assessment not calculate points correctly or is there an exception to calculating earnings beyond the preceding 12 months?

[geriatrix]

If the earnings you have used to claim points (in the calculator) were not earned in consecutive 12 months within the 15 months immediately preceding the application, you cannot use the earnings to claim points - unless you were unable to work and earn due to maternity / adoption related leave (the only acceptable exceptions).

Suggest you read the Tier 1 (General) policy guidance and then use the calculator.

regards