Immigrationboards.com

Hi All,

I'm posting this question to understand if she qualifies (she has 322 days absences, 54 days in last 12 months) because I'm a BC and so is my kid. Now requirement say that upto 300 days normally disregarded and

"Please note: if your absences are up to 450 days we would expect you to have been resident in the UK for the last 4 years."

Now my wife is in UK since 2007 May, she was outside UK for 5 months in 2009 (Feb-June), then she was outside for 1 year between Dec 2009-Dec 2010. In 2011 she was granted ILR as my spouse. Since Sep 2011 she has been out for 322 days till present.

As per above note, can I ask for discretion to be applied as per below because we are fully settled in UK and me and my kid are BC

"Please note: if your absences are up to 450 days we would expect you to have been resident in the UK for the last 4 years."

Absences normally
disregarded only if:a) you meet all other requirements; and b) you have established your home, family and a substantial part of your estate here

also read this from https://www.gov.uk/government/uploads/s ... dments.pdf

4.1.1 Absences totalling 480 (300) days - normally disregard.
4.1.2 Total Absences of up to 900 (540) days - consider disregarding only
if the application is otherwise in order, and if applicants have
established their home, family and a substantial part of their estate
here. We should also expect:
a. at least 2(1) years residence (without substantial absences)
immediately prior to the 5(3) year qualifying period. If the period
to be disregarded is greater than 730 (450) days, the period of
prior residence should be at least 3(2) years; or

Can respected guru's answer please?

I see none replied in last 2 days

Not sure what you are asking. She can apply at discretion. No one can tell you the outcome.

If she has been out for more than 300 days in the last 3 years she will have to apply for discretion. I assume your wife will be applying as a spouse of BC.

yes she is spouse of mine I'm a BC

Just spoke to NCS Hillingdon they said they can't accept with over 300 days

How many days in total was she absent in the last 3 years?

she was absent for 322 days

She can apply for discretion, I am certain of that.
She would have to confirm that she has made UK her home, together with her family and the majority of her estate is in UK.
No one can guarantee that the outcome will be 100 % positive but I applied for discretion as I was out of UK for more than 100 days in the final year and received my approval within 8 weeks.