Wife of BC -apply on 5 years route instead of 3year route?

[007honnu]

Hello All ,
Your help /advice is much appreciated with the below query.
I came to UK on Jul 2008 on a dependent visa and I got my ILR in Mar 2012. My hubby got naturalised and become British citizen in Dec 2013.

I know for the fact that I can apply under the 3 year rule as a wife of BC.But as you can see from below I have more the 300 days of Absences form UK in last 3 years. To get past this situation I might have to wait till Feb 2016.

So my questions is instead of the 3 year route can I apply under the 5 year route? Because as per 5 year requirement my absences are less than 450.
-------------------------------
Year Total number of Absences
-------------------------------
2008 0
2009 45
2010 45
2011 45
2012 36
2013 205
2014 86
2015 0
-------------------------------

So being wife of a British citizen is it ok if I choose to apply under 5 year qualifying period? or should I need to follow the 3 year QP?

I fulfil /meet all other requirements.

[fwd079]

So being wife of a British citizen is it ok if I choose to apply under 5 year qualifying period? or should I need to follow the 3 year QP?

I fulfil /meet all other requirements.

Yes its fine, good luck.

[WR1]

I would clarify this as the application form doesn't give an option to specify under what term you will be applying under. The form asks for your marital status and to provide your partner's details. The residence section of the form states:

Please give details of all absences from the United Kingdom during the last five years. If you
are married or in a civil partnership to a British citizen, give details for the last three years only
(see page 8 of the Guide)

Page 8 of the guide states:

SECTION 2: RESIDENCE REQUIREMENTS
2.1 Enter the day you first arrived with a view to staying in the UK on a long-term basis, and the airport or seaport through which you then entered. If this is less than 5 years before the date on which we receive the application, or less than 3 years before this date if you are married to or the civil partner of a British citizen, you might not meet the residence requirement (see page 6 of the Booklet AN) and your application may be unsuccessful.

2.2 Fill in this table showing the periods you have been away from the UK during the last 5 years (3 years if you are married to or in a civil partnership with a British citizen). Insert the number of days you were away from the UK in the last column ignoring the day you left and the day you arrived back in the UK. If there is not enough room for all your absences then continue on page 24. Add up the total and write it in the space indicated.Please note: You should also check that you were physically present in the UK 5 years (3 years if you are married to or in civil partnership with a British citizen) before the date that the application will be received by the Home Office or other receiving authority (see page 21“Where to send your application form”). If you do not meet this requirement your application is unlikely to be successful, unless you were in the UK armed forces at that time.
To satisfy the residence requirement you should not have been absent for more than 90 days in the last 12 months. And the total number of days absence for the whole 5 year period should not exceed 450. If you are married to, or in a civil partnership with a British citizen,the total number of days absence for the whole 3 year period should not exceed 270

If you do submit your application, seeing you are a married to a BC, you may be assessed on a 3 year basis. The application form does not give you the option to select if you are applying on a 5 year basis or a 3 year basis.

Do clarify first.

[007honnu]

Tried Homw office and spoke to 3 different officers and also tried our local NCS...but nobody gave me a firm answer.They all asked me to refer to website!!!