Correct time to apply BC having excess absences

[srivisaN]

Hi,

I need to decide what is the right time to apply for my wife's BC, as she is having excess absences a below.

First Date of Entry to UK : May 2013
ILR Date: Apr 2018

Section 6(2): Can apply now ?
Oct2015-Oct2018: 443 absences in the past 3 years
- out of which 417 absences (May2016-June2017) are due to maternity and health issues
- She was resident in UK from Oct2013-Oct2014, Oct2014-Oct2015 (which satisfies clause "1 year (for
applications under section 6(2) without substantial absences immediately prior
to the beginning of the qualifying period. for under 450 days)
- Me and my kid both are British, She have Bank investments, We both are working.
- She was on Mat leave during her long absence, getting Mat Pay. She joined back the same employer after return.
- During these 5 years she was employed, paying taxes, NI

Section 6(1): Eligible from April 2019
Apr2014-Apr2019: 484 absences in the past 5 years
- out of which 417 absences (May2016-June2017) are due to maternity and health issues
- Since the cut off is 480 days, will they ignore 4 extra days and consider her case as 480 days ?
- If they don't consider does she need to prove at least 2 years residence (for applications under section 6(1)) without substantial absences immediately prior
to the beginning of the qualifying period 480 - 730 days)

Thanks,
Sri.

[zapzap]

Your wife doesn't have to wait till April 2019 as she is married to a British citizen. If she satisfy the criteria she could apply now except taking into account she has not been more than 90 days in the previous year before applying.
Also, she doesn't have to prove 5 years of residence but only the past three years... how many days was she outside the UK btw 27/09/2015 and 27/09/2018 ?

[srivisaN]

Your wife doesn't have to wait till April 2019 as she is married to a British citizen. If she satisfy the criteria she could apply now except taking into account she has not been more than 90 days in the previous year before applying.
Also, she doesn't have to prove 5 years of residence but only the past three years... how many days was she outside the UK btw 27/09/2015 and 27/09/2018 ?

She can apply for spouse of BC, but she have 443 absences in the past 3 years and 18 days in the last 1 years.

Hope I was clear with my original post

[srivisaN]

can any seniors post their advice ?

[srivisaN]

can anyone spare sometime ?

[srivisaN]

can someone please help ?