This is the rule.

In last three years she should not be out of UK for more then 270 days total.

In last 1 year she should not be out of UK for more then 90 days(This is part of that 270 days above).

3 years prior to the application for citizenship, she must be present in UK

In the light of your information, I think she qualifies till May (The day she left UK in 2004 until she came back). Which means she will not qualifiy during May to December but then she will qualify again in december 2007 the day she returned to UK.

I hope you understand this and if need to apply you should also check with Home Office and a competent solicitor.

Good Luck

By the way there are also exception and if you write the whole story to Home office, they may consider waving the requirement for her because family illness.

Hi

I contacted the home office and was told that if she was out of the uK for more thatn 270 days within 3 years she has to wait another 3 years to apply.

Since she only spent 210 days abroad and has been in the uk for 2.5 years since coming back and not been out again, does that mean she can apply again now as she didnt go over 270 days?

Thanks

Hi,  If you have read my message I had mentioned that she does qualify at this time but not after May because she was out of the country.  As I made it clear in my answer that when she apply she must be in the country three years prior to that.  So let's see if she apply on April 1, 2007 then she must have been present in UK on April 1, 2004. Home office is the only party that can make an exception to your case. 

Remember they also have 90 day rule for the last year that applicant must not be out of the country for more then 90 days in the last 12 months.  And if she is not out of the country for more then 90 days in thelast 12 month then she should qualify but they must not exceed 270 days in last three years.

HI

Thanks, that does make more sense now.  Just another question regarding the "life in the Uk test", if she starts revising for that now but doesnt do the test before April when the new revised edition comes out, what differences are there likely to be made?

Thanks

Your gues is as good as mine.

I am hoping new test will be easier because the reason they changed the test is that many British National are not familiar with the things they put in the test. But no one can predict Home Office thinking.(If they have one!)

HI

Just some advice for my wife who came to the UK in June 2002 on spouse visa, received "indefinate leave to remain" in June 2003 but she was abroad from May 2004 til December 2004 as her father was ill.  What we would like to know is if its ok for her to apply for nationality (with the life in the UK test) now or does she have to wait until end of this year before she can apply, so that her 3 years are made up or does some of her stay before she went abroad make up along with the time she has been back?

Many thanks