Residency Requirements

[ShugNorris]

Hi,

I've posted a lot in the last few days but busy sorting a lot of things out.

I have another question to those who wouldn't mind taking the time to answer.

For a spouse of a UK citizen it says that in a three year period they can be outside the UK for no more than 270 days and no more than 90 days in the final year.

Then it mentions discretion and they usually disregard anything up to 100 days (after some very slight digging.)

Basically my wife will have been outside the UK for 99 days before she returns, also she was here is Feb for 21 days but I think the visa date is 10th March so this will be the final year from that date.

Although I believe it OK to submit the application with 99 days and hopefully the 'discretion' will be fine could I just hang on until 9 days after the anniversary of her 99 days outside the UK? So as to bring it into the 90 days in one year?

I guess, simply, what I'm asking is, can the three year period begin at your choosing to apply for residency as long as the requirements have been met in a straight three year period?

Thanks in advance!

Shug

[7by7]

She doesn't have to apply once she has been in the UK for three years; she can apply anytime after this; it could be 4 years , 5 years, 10 years if she wishes.

The three year period they use to calculate time spent out of the UK is counted back from the date of the application.