Residence condition for Naturalization

I was granted indefinite leave to Remain (ILR) along with my family in last March 2010. According to naturalisation rules, I can apply for British citizenship after one year of granting ILR.

My case history is that in Feb. 2002, I came to UK along with my wife and one year daughter as International Student.

In March 2009 I applied for ILR on the basis of ECHR article 8 but unfortunately on 30th June 2009 my application was rejected. I appealed against this decision on 13th July 2009 but the appeal was dismissed on 07th September 2009 . Within 5 days, as directed, I again appealed to senior judges of AIT and the appeal was rejected again on 27th October 2009.

Then in November 2009, I contacted my local MP to pursue my case with home office but no success. As a last hope in Feb. 2010, I contacted Minister of State for borders and immigration to have a sympathetic look at my case.

Fortunately, after reviewing my case under paragraph 395C of the immigration Rule I was granted ILR in March 2010.

According to Naturalisation rules you should not been in breach of the Immigration Rules at any stage during the five-year period.

But like I explain earlier between 27-10-2009 (when my appeal was rejected by senior Judge of AIT ) and 02-10-2010 (when I received the letter from home office confirming my ILR) I had NO status.

According to Homeoffice website Immigration Case officer has Discretion powers to disregard immigration time restrictions during the last 12 months.

“If you had an application for asylum or leave to remain refused but later approved because the initial decision was incorrect, and this initial mistake caused a delay before you could apply for indefinite leave to remainâ€

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mzusmani wrote:As we are in total five family members I, my wife and three Kids, it will cost me nearly £1760 for home office fee. I don’t wan't to make an unsuccessful application and waste money.

I agree with above poster that you are very determined.
In my opinion, your case is quite unique and I would consult good immigration lawyer.

And you don't need to pay so much from the outset - you can apply either only for you (£780) or for both of you as a couple (£1010) and leave kids applications for later.

Good Luck

Thank you both johnsienk and ukpl , the idea of only me and my wife to apply seems good.