discretion on residential requirement

[jesswongwong]

hi
i got spouse vias from 09/2009-12/2011
i get IRL in 10/11

Now i am outside UK
reading the residence requirment
the last year 10/11- 10/12
the max no of leave should be less than 90days

however, in the last year i leave UK for 5 months (160 days around)
but in the whole 3 year period (09-12), i just left UK during that 5 months

i wonder is discretion would be easily grated..
is it worth for me to make application
i saw one note is about connection to UK
my bank account still doing autopay to the home internet and TV licence is under my name in July too..

but if i dont make application in 2012, how long should i wait in order to meet the residence requirment? one more year or 3 years?

Pls advise

[noble72uk]

hi
i got spouse vias from 09/2009-12/2011
i get IRL in 10/11

Now i am outside UK
reading the residence requirment
the last year 10/11- 10/12
the max no of leave should be less than 90days

however, in the last year i leave UK for 5 months (160 days around)
but in the whole 3 year period (09-12), i just left UK during that 5 months

i wonder is discretion would be easily grated..
is it worth for me to make application
i saw one note is about connection to UK
my bank account still doing autopay to the home internet and TV licence is under my name in July too..

but if i dont make application in 2012, how long should i wait in order to meet the residence requirment? one more year or 3 years?

Pls advise

Hi

As you said reading the residence requirment the max no of leave should be less than 90days

I'm sorry to tell you thisd In order to meet the residence requirment need to be 5 years time of application

If you need more clarifications contact the UKBA, if you have any valide excuse to provide for not being here in the uk during your 5 monts.


Good Luck

[Casa]

You're unlikely to be granted BC with a 5 month absence in the previous 12 months. I'm not sure what noble72uk is suggesting by mentioning a 5 year wait, as this isn't correct. You should apply once you have a clear 12 months with no more than 90 days absence. When do you intend to return to the UK and for how long will you stay here?

[noble72uk]

You're unlikely to be granted BC with a 5 month absence in the previous 12 months. I'm not sure what noble72uk is suggesting by mentioning a 5 year wait, as this isn't correct. You should apply once you have a clear 12 months with no more than 90 days absence. When do you intend to return to the UK and for how long will you stay here?

Hi casa

thanks for your confirmation he needs a clear 12 months with no more then 90 days to apply

[Casa]

That's correct.

[jesswongwong]

thx for reply

i prepare to return to UK in Nov.

then how long should i wait to apply for my BC

after returning to UK, i don't think i will leave UK for a long period of time

then is that in Nov 2013 (another fresh year) , if i don't leave UK for more than 90 days, i can make the application

or wait 5 Years??

[Jambo]

Then you could probably apply some time during August/September. You don't need to wait for 1 year. Just until the absences in the year before the application are less the requirement which would happen before November.

I assume you are married to a British citizen.

[jesswongwong]

Thx
Yes i can apply 2-3 month earlier in 2013
Yes i married to a British Citizen

Thank you