overstaying question

[walidukdz]

hello everyone . i have a question a friend of mine got his ILR back in january 2011 . then he went away of the UK for a long time he basically was staying abroad two months and then coming back to the UK for a week or two. now he wants to apply for BC but wonder how . does he have to spend another three years or can he risk and apply?

[Jambo]

Your post is not clear. Did he just been absent for 2 months?

If he meets the requirements he can apply or he can apply at discretion.

[ban.s]

I "presume" the pattern of absence is - 2 months abroad, then back in UK for 1/2 weeks, then again abroad for 2 months.......

what is the total absence? if already exceded 730 days, then in order to request discretion atleast 3 years of residence with very low absence prior to the application is recommended. plus the applicant needs to justify the excess absence and also needs to provide evidence of established presence in the UK either thru family, property, other estate etc.

[walidukdz]

well he was back inhis country for a while .it was a pattern of 1 week in the uk 2 month abroad. in a duration of a year and half at least. when you apply for BC not much document are needed so he thought he just apply without stating how long he was abroad. I hope that make sense. he doesnt know what step to take and i promised to find out more about it . thanks

[vinny]

He has to sum up all his absences over the qualifying period to see if they exceeded the threshold.

He probably has exceeded the 90-day limit for the final year.