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My wife's in and out of UK dates are as follows:

27-Jun-2010 --> First entry date into UK as Tier2 dependent
05-May-11 to 11-Jul-11 65 (Holiday)
23-May-12 to 30-May-12 5 (Holiday)
31-Oct-12 to 26-Nov-12 24 (Holiday)
21-Jan-13 to 05-Apr-14 437 (Pregnancy - Baby Delivery)
26/06/2014 GOT ILR
19-Feb-16 to 13-Mar-16 21 (Holiday)

As per AN Booklet, under 'ABSENCES FROM THE UK' section (5A Table - Page 7 - 6(2)application):
"For absences exceeding 450 days we would expect you to have the resident in the UK for last 5 years"

Based on above statement, I understand that residency qualification period will be 5 years from today instead of 3 years. Please confirm?

If I apply on 12-July next month, then 5 year qualification period would start from 12-July-2011. Hence, total number of days outside UK will be 487. So, my case will be taken under discretion.
Please confirm if my understanding is correct?

applefan123 wrote:My wife's in and out of UK dates are as follows:

...

Based on above statement, I understand that residency qualification period will be 5 years from today instead of 3 years. Please confirm?

If I apply on 12-July next month, then 5 year qualification period would start from 12-July-2011. Hence, total number of days outside UK will be 487. So, my case will be taken under discretion.
Please confirm if my understanding is correct?

Yes, your understanding appears correct. Your application will be decided at discretion (which may go either way).

As you exceed 480 days (487+ ?) you appear to be borderline for the 5 years concession.
Also note the proviso about having a substantial part of estate in UK.

Many Thanks for your advice.

what do you mean by '?' for number of days?

For 5 years i think they consider absences between 450 and 540 with discretion.
If beyond 540 days of absence in 5 years, then we would definitely expect rejection.

Also, how can we make sure that case worker is considering 5 years and not 3 years? Do I need to put any covering letter requesting / explaining all details?
If they consider 3 years blindly then my application will be rejected upfront as my wife was out of UK 3 years back for whole year.

applefan123 wrote:Many Thanks for your advice.

what do you mean by '?' for number of days?

For 5 years i think they consider absences between 450 and 540 with discretion.
If beyond 540 days of absence in 5 years, then we would definitely expect rejection.

Also, how can we make sure that case worker is considering 5 years and not 3 years? Do I need to put any covering letter requesting / explaining all details?
If they consider 3 years blindly then my application will be rejected upfront as my wife was out of UK 3 years back for whole year.

That 487 was my rough estimate of the actual absence.

You can state its a section 6(1) application in the additional info section of the AN form.
And as a standalone application you won't submit a marriage certificate either.

This is great! I was not aware that wife can apply as a standalone under 6(1).

Then, total number of days out of UK will be 491 to be precise.
Hence, application can be considered under 900 days (for 5 years QP) where 'establishing a part of estate' does not come into picture. Am I right?

By the way, I did NOT buy any home in UK till now.

applefan123 wrote:This is great! I was not aware that wife can apply as a standalone under 6(1).

Then, total number of days out of UK will be 491 to be precise.
Hence, application can be considered under 900 days (for 5 years QP) where 'establishing a part of estate' does not come into picture. Am I right?

By the way, I did NOT buy any home in UK till now.

Yes, a section 6(1) application is permitted.
Check all requirements in AN booklet.

And see the 6(1) column (left column of table, page 7-8 of AN booklet).
Over 480 / up to 730 days absence is said to require 7 years residence.

Table does not mention anything about 6 years. After 5 years they directly jump to 7 and 8 years clause, which I found something weird.

However, below the table in page 8 it is mentioned as:
"For absences exceeding 730 days (or 450 days for 6(2) applications) we would expect you to have been resident in the UK for the last 8 years (5 years for 6(2) applications)"

So, my case is exceeding 450 (but below 540) and as my wife will be completing 6 years by end of this month (though requirement is only to complete 5 years). Then, discretion may also NOT applicable. Am I right?

applefan123 wrote:Table does not mention anything about 6 years. After 5 years they directly jump to 7 and 8 years clause, which I found something weird.

However, below the table in page 8 it is mentioned as:
"For absences exceeding 730 days (or 450 days for 6(2) applications) we would expect you to have been resident in the UK for the last 8 years (5 years for 6(2) applications)"

So, my case is exceeding 450 (but below 540) and as my wife will be completing 6 years by end of this month (though requirement is only to complete 5 years). Then, discretion may also NOT applicable. Am I right?

No, anything over 450/480 days is at discretion.
I see a clear reference to need to reside for 7 years: top of page 8 (centre column of table).

See latest pdf, June 2016:
https://www.gov.uk/government/uploads/s ... e_2016.pdf

It seems like either way my case is falling under discretion

If my case is considered under discretion then does this statement 'established substantial part of your
estate here' mean that I should have bought a house by now?

She will meet all other requirements other than this one.

applefan123 wrote:It seems like either way my case is falling under discretion

If my case is considered under discretion then does this statement 'established substantial part of your
estate here' mean that I should have bought a house by now?

She will meet all other requirements other than this one.

My understanding is it will be assessed on discretion.

"Estate" may not literally mean 'a house' - my understanding is it could be a business interest too.

Many Thanks for all your quick responses.

I will go ahead and apply next month.

Can anyone please explain how this particular point is going to effect my application:

https://www.gov.uk/government/uploads/s ... r_18_B.pdf

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;

As my wife is out of UK for 491 days in last 5 years, so HO would be considering 5 years as qualifying period and not 3 years. When does period of prior residence start? Please help!!

applefan123 wrote:Can anyone please explain how this particular point is going to effect my application:

https://www.gov.uk/government/uploads/s ... r_18_B.pdf

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;

As my wife is out of UK for 491 days in last 5 years, so HO would be considering 5 years as qualifying period and not 3 years. When does period of prior residence start? Please help!!

Any advice on my query from experts would be highly appreciated, please?

Any advice for me please on 4.1.2.a of residency requirements?

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;

As my wife is out of UK for 491 days in last 5 years, so HO would be considering 5 years as qualifying period and not 3 years. When does period of prior residence start? Please help!!