n8net wrote: ↑Sun Feb 25, 2024 2:40 am
cheers, I was reading
https://assets.publishing.service.gov.u ... t_2023.pdf (page 13) there is a table for 3 year route, am I right in interpreting there is leniency till up to 179 days absence in the last 12 months?
or has anyone got into trouble just because of this absence in the last 12 months exceeded above 90? just wanna know how strictly it is enforced by HO?
Potential lenience yes......discretion can be exercised in relation to some criteria... importantly every application is unique and treated according to its merits. Where the conditions are not met for something like absence requirements (or good character is another good example) as you can point to there is some guidance as to what a case officer may consider given other factors.
Case officers are entitled to refuse an application if the applicant does not meet the requirements and so I would always try to meet the conditions where possible before applying.
Are you saying in this case there has been excessive absences in the last 12 months? If so I would be inclined to delay applying until the conditions are met unless there are pressing reasons to apply. It might be helpful for you to detail what would be her absences total in days for last 3 years and last 12 months if you're wanting more specific advice. That advice could include covering letter for example detailing strong ties including family ties to UK, or explanations of the trips, that could overcome concern for being somewhat outside standard absence requirements...Or the advice might be simply to delay until conditions met.
Note absences after applying do not count so if there are imminent trips abroad planned then I would factor that in to whether now is a good time to apply.
Ultimately over 90% of applications are approved but there is no automatic right to be approved.