British Spouse - Absent over 270 days - Help Please

[RTSwez]

Hi Everyone,
My Husband recently acquired citizenship, which allows me to apply for naturalisation as a British spouse.
The only problem is that i am well over the 270 days of absence in the last 3 years.

The Main reason for my excess absence is due to my husband's posting out of country. In July 2012, he had to go to US initially for a 3 months work placement. Since I wasn't working and did not have the US visa or any family in UK, I decided to go to my home country until his placement was completed.
But his placement got extended till July 2013. So I came back to UK in January'13, applied for my US visa and accompanied him from Feb'13 till end of July 2013.

So now looking back and counting the no. of days absent from UK, i am approx 380 days absent.

July'12 to June'13 - 310 days ( 149 days in home country and 161 days in US)
July'13 to June'14 - 33 days
July'14 to June' 15 - 36 days
Total absence in 3 years - 379 days

According to Chapter 18 Annex B, Item 4 - Excess Absence in the 3 year qualifying period
Home office provides discretion under Item 4.1.2 b (ii) "the excess absence to have been due to accompanying a British citizen spouse/civil partner on an overseas appointment "

I can apply for naturalisation asking for discretion for the 161 days outside UK due to accompanying my Husband on his overseas appointment.? or wait till January 2016 to apply when i am within the 270 days? Please advise

Background on my immigration to UK. I first came to UK in May 2011 on a dependant visa. Got my ILR in January 2014.
From July'11 to June'12 - I was outside UK for 58 days

Thanks in advance

[noajthan]

Hi Everyone,
My Husband recently acquired citizenship, which allows me to apply for naturalisation as a British spouse.
The only problem is that i am well over the 270 days of absence in the last 3 years.

...

According to Chapter 18 Annex B, Item 4 - Excess Absence in the 3 year qualifying period
Home office provides discretion under Item 4.1.2 b (ii) "the excess absence to have been due to accompanying a British citizen spouse/civil partner on an overseas appointment "

I can apply for naturalisation asking for discretion for the 161 days outside UK due to accompanying my Husband on his overseas appointment.? or wait till January 2016 to apply when i am within the 270 days? Please advise

Background on my immigration to UK. I first came to UK in May 2011 on a dependant visa. Got my ILR in January 2014.
From July'11 to June'12 - I was outside UK for 58 days

Thanks in advance

Looking at the Annex B document, if you apply now it's clear you will have to rely on the discretion of HO - see 4.1.3.
At least the low absence in the last year (to mid-2015) is in your favour.

As 4.1.3 says the HO official may follow up with a 'residence questionnaire' to dig into your case.

If you applied now be prepared to justify (to them) why you went home for some of 2012/3 & not immediately to US to accompany your spouse.
You would have to show you have all the other strong commitments mentioned in section 4.1 (about having home, family and 'estate' here in UK).

If you think you can make such a case you could apply this year but you take the chance on HO discretion.

To remove all doubts and make a straightforward application it may be more prudent to wait until next year;
then, as you say, for a spouse application your long absence will have 'timed out' by then.

Good luck.