I am eligible to apply for BC in September 2011, having fulfilled all the relevant requirements. However my predicament is regarding my wife and my baby.
A quick background:
I came to the UK for the first time in October 2005
My wife joined me in May 2006
We both applied for and got our ILR in September 2010.
Soon after obtaining her ILR my wife travelled to India to give birth to our baby – born in December 2010. Baby was granted ILE and my wife and the baby came to the UK in June 2011.
Now my wife is also eligible to apply for BC in September 2011, had she not spent more than 450days(in total) and 90 days(in the last 12 months) outside the UK. She will be able to meet both these conditions only in November 2012. However she will meet the 90days in the last 12 months condition in March 2012.
Seems like I have 3 options:
1. Apply in September 2011 as a family application including my wife and my baby. Wife will not meet the residency requirements (she will be out of the UK for 490 days in total and more than 180 days in the last 12 months), so we would have to request for HO discretion. Understand that baby too would require discretion for registration under 1(3).
2. Apply for myself and the baby in September 2011. Get BC for the baby. Wife can apply on her own merits when she is eligible. Understand that this will increase the cost significantly.
3. Apply in March 2012 as a family application including my wife and the baby. The wife will still not meet 1 residency requirement (she would have been out of the UK for 462 days in the last 5 years), but will meet the 90day in the last 12 months requirement. Again, discretion would be required on part of HO.
We are perfectly happy to wait until March 2012, but the concern is BC rules changing between now and March 2012. What would the experts suggest as the best alternative and the pros and cons of each option? Also, would be interested to know what other options we have?
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