Regarding spouse residence requirements for BC

[seri-ous]

Hi,

My wife and child(born in Sept 2012 in UK) were granted ILR in Jan 2013. They went to India right after that and are currently in India. She first arrived in UK in Sept 2009 and stayed here with me ever since. She is in India taking care of our child and has to stay there for a few more months until our child is old enough to be brought back to UK. I am planning to apply for our BC in Jan 2014. Will she and the kid be eligible to apply along with me as she will have already stayed in the UK for more than 4 years by then except for these 6-7 months that she will be in India.

I am just trying to figure out how long she can stay in India now before she looses her eligibility to apply for BC on the basis residence requirements.

Any kind of help much appreciated.

Thanks,
VS

[Jambo]

How would she meet the requirement of less than 90 days in the last year before application?

[seri-ous]

It states is this link :

http://www.ukba.homeoffice.gov.uk/briti ... cesfromuk/

that:

[i]If you have been absent from the UK for up to 100 days in total during the final year, we normally disregard the absence.

If you have been absent from the UK for between 101 and 180 days in total during the final year, we normally disregard the absence if:

you have met the residence requirements over the qualifying period; and
you have demonstrated a link with the UK by establishing your home, family and a large part of your estate here.[/i]

[Jambo]

So it seems you are already aware of the requirements.

Please note that what to have quoted is "normally disregard". This is down to the caseworker discretion and the longer her absences are, the riskier the application is.