Post
by CR001 » Sat Dec 13, 2014 11:49 pm
She would need to hold ILR for 1 year if her spouse if not British and she applies on the basis of 5 years residence. However, it is likely that she would face a refusal due to her excessive absences as the absence allowance on the basis of 5 years residence is 540 days in total with no more than 90 days in the final 12 months before application. She would have to request discretion by the caseworker, which is not guaranteed. She would need to make 100% sure she was physically present in the UK exactly 5 years before on the date HO receives her application, a refusal if she was not.
If she applies after her spouse becomes British, then it is based on 3 years residence and the absence allowance is 270 days in the 3 years and the same 90 days in the final 12 months. She would not have to wait 1 year on ILR to go this route but would need to make 100% sure she was physically present in the UK exactly 3 years before on the date HO receives her application, a refusal if she was not.
Either way, she would need ILR first.
Char (CR001 not Casa)
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