Spouse of British Citizen out of uk more than 270 days

[jamilmughal]

Dear Friends,

I have a difficult query to dealt with and I need a expert opion.

I am a British citizen and my wife has an indefinite leave over a year ago. The issue is that she has spent almost 320 days out of country in last five years. As she has cross the limit of 270 days under 3 years rule for naturalization, can she apply under 5 years rule?

I am about to book a flight= your help would be appreciable!

Please also let me know under what category she will be applying for?

Cheers

[milan69]

As far as I know if you are applying under 5 year rule you can be out of UK for 450 days, with 90 days in the final year.
If applying as a spouse you are allowed to be out of UK for 270 days, with 90 days in the last year. HO tolerates absences for up to 300 days/100 days in the final year.
Everything above and you have to apply for discretion.

[jamilmughal]

Dear Milan,

Thanks for you quick response!

The trouble is that we are planning to go out of country for a month. We would love to apply under 5 years rule where she is allowed to stay out of the country for longer.

Thanks, More help will be appreciated!!

[Jambo]

If she meets the 5 years residence she can apply using it. It's her choice.

[jamilmughal]

Hi Jambo,

Thanks for your advice!!

Regards,