Applying under Spouse of BC, discretion on days outside UK

[rajks2014]

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.

[milan69]

I had 120 days of absences in my final year, applied for discretion and received approval 8 weeks later. If you have established your home here with your family and large part of estate it is almost likely your application will be approved.
However, if you want to be 100% certain I would advise you wait 6 months.