Applying under Spouse of BC, discretion on days outside UK
Posted: Mon Jun 09, 2014 3:37 pm
I am a British Citizen and my wife has ILR.
During last 90 days - She has been out of country for < 20 days - No problem there
During last 3 years - She has been out of country for 340 days - Mainly due to maternity leave in India. Our child who is British Citizen was born in India.
Overall she has been in UK for 4.5 years. She has a job in UK and this is her primary place of stay for future.
The choice we have is to apply now under spouse category with 3 year rule and apply for discretion or wait another 6 months and then apply normally under 5 year rule (no discretion required)
We will like to advice now but not if risk are high for refusal. Please advice.
During last 90 days - She has been out of country for < 20 days - No problem there
During last 3 years - She has been out of country for 340 days - Mainly due to maternity leave in India. Our child who is British Citizen was born in India.
Overall she has been in UK for 4.5 years. She has a job in UK and this is her primary place of stay for future.
The choice we have is to apply now under spouse category with 3 year rule and apply for discretion or wait another 6 months and then apply normally under 5 year rule (no discretion required)
We will like to advice now but not if risk are high for refusal. Please advice.