Extremely Urgent BC Query Challenge for Senior Members

[dr_kzot]

Hi there I come into UK on a spouse visa in June 2008.

We both (me and my partner) got the indefinite ILR in Sep 2012.

My partner naturalized in early week of November 2013. I did not applied as I have got some absences, now I am planning to apply for British Citizenship

List of my holidays in Past Years are

Travel Out Back In Duration Exact Duration
05/10/2012 20/03/2013 166 164
01/09/2012 13/09/2012 12 10
24/12/2011 15/03/2012 82 80
01/10/2011 14/10/2011 13 11
01/07/2011 28/07/2011 27 25
10/11/2010 15/05/2011 186 184
26/12/2009 10/02/2010 46 44

Scenario 01

If I apply on 5 year resident on 17th February 2014 .

I will full fill the criteria that I was in UK last 5 years back 18/02/2009.

My total holidays in 5 year are 474 days

My holidays in the last year will be 31 days= 17/02/2013-20/03/2013

I am in the country from 20/03/13 till now

05/10/2012 20/03/2013 166 164
01/09/2012 13/09/2012 12 10
24/12/2011 15/03/2012 82 80
01/10/2011 14/10/2011 13 11
01/07/2011 28/07/2011 27 25
10/11/2010 15/05/2011 186 184
Total Holidays 474

Scenario 02

If I apply on 3 year resident as a Wife of BC on 17th February 2014 .

I will not able full fill the criteria that I was in UK last 3 years back on 18/02/2011 .

My Total holidays in 3 years are 374 . I have change the date from 10/11/2010 to 18/02/2011

05/10/2012 20/03/2013 166 164
01/09/2012 13/09/2012 12 10
24/12/2011 15/03/2012 82 80
01/10/2011 14/10/2011 13 11
01/07/2011 28/07/2011 27 25
18/02/2011 15/05/2011 86 84
Total Holidays 374


Query

On the light of above facts

Q1 Can I apply according to Scenario 01 with 474 holidays

Q2 Can I apply according to Scenario 02 with 374 holidays

Q3 If Scenarios 01 and 02 does not work for me when I should reply

I would be very grateful if you help me in this situation

[Just Wondering]

Have a look at page 7 http://www.ukba.homeoffice.gov.uk/sitec ... let_an.pdf

If you apply under 5 years residency, absences of 480 days are normally disregarded. You have 474 in Scenario 1.

If you apply as a spouse of a British Citizen who has been resident for 3 years, absences of 300 days are normally disregarded. You have 374 in Scenario 2.

Therefore, if I were you, I'd apply in accordance with Scenario 1.