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My query relates to the date of which the UKVI can receive the application. I.E can the UKVI receive my application on or a few days after 01 July 2015, given the absences as follows:

Facts:

Arrive in UK - 25/12/2011 as spouse of a British Citizen

ILR - Granted on 18/02/2014 (3 year rule) - we delayed ILR application for a few months, been on ILR over 12 months now

Been away from UK on following days in descending order (total away is less than 270)

3RD QUALIFYING YEAR
06/02/2015 to 14/02/2015 - 7 days
26/12/2014 to 30/12/2014 - 3 days
TOTAL 10 DAYS

2ND QUALIFYING YEAR
13/04/2014 to 15/09/2014 - 154 days - PERIOD i HAVE ISSUE WITH - PLEASE SEE BELLOW
16/05/2013 to 20/05/2013 - 5 days
TOTAL 159 DAYS

1ST QUALIFYING YEAR
25 Aug 2013 to 08/10/2013 - 45 days
06/10/2012 to 09/10/2012 - 4 days
TOTAL 49 DAYS

CAN IGNORE FOLLOWING PERIOD IF APPLY AFTER 01/07/2015
15/07/2012 to 11/08/2012 - 28 days

Going back 3 years, I have been physically present in the UK during on 01/07/2015 and I plan for the UKVI to receive the application just after 01/07/2015

However as you will see above, I have exceeded 90 days during the 2nd qualifying period, to be precise I have stayed appx 154 days during 13/04/2014 to 15 /09/2015, which falls within the "not more than 90 days within last 12 months requirement".

Supposing if UKVI receive the application on 01/07/2015, will I meet the requirement of 90 days stay during the last 12 months.

My calculations for the last 12 months are
06/02/2015 to 14/02/2015 - 7 days
AND
26/12/2014 to 30/12/2014 - 3 days
will take me 10 days, leaving 80 absences.
For the period from 13/04/2014 to 15/09/2014 - I have been away 154 days
If UKBA receive the application on 01/07/2015, then that will make it 79 days (from 13/04/2014 to 01/07/2015)
so the total absences will be less than 90 days. (I understand there is a discretion up to 100 days if there are no other issues)

Thank you for your comments in advance.

If HO receives your application on 1/7/2015, then your qualifying period is 1/7/2012 to 1/7/2015.

What is the absence between final 12 months : 1/7/2014 to 1/7/2015? That needs to be 90 days or less (not counting the days you leave or arrive in the UK, only whole days out)

Absences between 01/07/2014 to 01/07/2015 would be 79 days.
Absences between 01/07/2013 to 01/07/2014 would be 75 days

My worry is i have been away at a stretch for above total days spreading over the above 2 qualifying years. Looking at the rule, i suppose i dont have to have been present in uk on 01/07/14 (whichi was not). I merely have to be present only on 01/07/2012 (3 years before).

Sould i post the application for UKVI to receive on 01/07/2015
Thank you

kushijlk wrote:Absences between 01/07/2014 to 01/07/2015 would be 79 days.
Absences between 01/07/2013 to 01/07/2014 would be 75 days

My worry is i have been away at a stretch for above total days spreading over the above 2 qualifying years. Looking at the rule, i suppose i dont have to have been present in uk on 01/07/14 (whichi was not). I merely have to be present only on 01/07/2012 (3 years before).

Sould i post the application for UKVI to receive on 01/07/2015
Thank you

If you were present in the month 07/2012, then sure.