Form AN British citizenship application question - residency rules

Hi Guys,

Sorry if this is an obvious one but, I need to bounce ideas off others! x

Discretionary leave held July 2009 (following a failed visa extension applictaion and then reapplication resulting in DL).

Order of leave:
Discretionary leave July 2009-July 2015 (6years), ILR granted Jan 2016.

Background:
Married to British citizen with 2 children also British.

Applied for Citizenship under section 6(2) in 2016 but, declined due to overstay period in 2008 before new DL granted - good character requirement failed so, advised to apply after 6 July 2019.

Applying now for Citizenship under 6(1), because 3 years ago I was not in the UK for 6 weeks on holiday with ym family so, under 6(2), my application would be rejected. Hope this makes sense. My ILR was granted not under marriage but, from discretionary leave I held 6years.

Can one apply for citizenship under 6(1) even though married to British citizen and lived permanentlywith ILR in the UK the last 3years?

5 years back date I was in the UK but, 3 years back I was not as we were on summer holiday. They can't turn around and force me to apply under section 6(2) as married to British citizen right?

Sorry if not explained clearly wanted to give as much intel as possible.

Thanking you gratefully for your inputs in advance!
x

As above.