Spouse of British Citizen out of uk more than 270 days

Dear Friends,

I have a difficult query to dealt with and I need a expert opion.

I am a British citizen and my wife has an indefinite leave over a year ago. The issue is that she has spent almost 320 days out of country in last five years. As she has cross the limit of 270 days under 3 years rule for naturalization, can she apply under 5 years rule?

I am about to book a flight= your help would be appreciable!

Please also let me know under what category she will be applying for?

Cheers

As far as I know if you are applying under 5 year rule you can be out of UK for 450 days, with 90 days in the final year.
If applying as a spouse you are allowed to be out of UK for 270 days, with 90 days in the last year. HO tolerates absences for up to 300 days/100 days in the final year.
Everything above and you have to apply for discretion.

Dear Milan,

Thanks for you quick response!

The trouble is that we are planning to go out of country for a month. We would love to apply under 5 years rule where she is allowed to stay out of the country for longer.

Thanks, More help will be appreciated!!

If she meets the 5 years residence she can apply using it. It's her choice.

Hi Jambo,

Thanks for your advice!!

Regards,