Exceeded 90 days in the last year

[Mazood]

Hello everyone.
In the past year I have been out of the country 97 days and in last 3 years 170 days in total. As I am to apply for BC on basis of marriage will these 7 days extra influence Home Office decision?
Thank you

[CR001]

There is discretion to allow up about 100 days in the final 12 months, so you should be ok to apply provided you meet all the other requirements.

[Mazood]

Thank you for the reply.
I have made a mistake in counting and I was actually 102 days away in the last year. I am wondering if the listed rule below applies to my case as my son and wife live in UK (both British citizens) and we live in a rented home. I meet all other requirements.
"Total absences of more than 100 days but not more than 180 days where the residence requirements over the full 5(3) year qualifying period are met - consider disregarding if applicants have demonstrated links through the presence here of family, an established home and a substantial part of their estate."

[Just Wondering]

Have you applied yet, Mazood? If not then I suggest you either wait a few days until you come under the 100 day threshold (or a couple of weeks until you come under the 90 day threshold).

Alternatively, there is a box before the signature page on the AN form which asks if you are fail to meet a criteria and would like to ask for discretion. Fill in that box outlining why the Secretary of State should give you discretion e.g. your family (both BCs) are here, your rented home is here, your job is here, all/most your assets and bank accounts are here, etc. as applicable. Your submission should set out exactly what you have which they are looking for (i.e. strong link and commitment to the UK in the form of family presence, home and substantial assets (if any) being here).

If you've already submitted, the case officer may still use his discretion to further ignore the additional 2 days without you having asked for discretion.