Can I apply

[shahidm9]

Hi All
I am seeking help for applying Naturalisation on the basis of spouse ILR. I came in UK in June 2010 on a student visa that was till Dec 2011. I became late for English test. However I sent my application on 27 December 2011 with a college offer letter and English test result waiting letter. However my application returned saying invalid on 26 January 2012. However since then my English test result came, therefore with the CAS letter and English test result I submitted my application again in the first week of February 2012. I didn't hear anything from home office for student visa but in April 2012 I married to a British citizen and apply for a spouse visa and was granted in October 2012. Now I have been granted ILR in Feb 2015. I have few questions like;
1) can I apply for Natuaralisation now in March 2015?
2) have I breached any immigration rule as my application was returned as invalid and with 7 days gap after return I submitted again?
3) in case if if I have breached rule regarding my first application that was invalid. Can we say my 3 years duration started since same application resubmitted in February after 7 days of first returned application?
Please help me if possible

[milan69]

Not exactly sure if I understood you correctly but if you are married to BC, have been UK resident for last 3 years and hold ILR you can apply.

[cs95tdg]

Hi All
I am seeking help for applying Naturalisation on the basis of spouse ILR. I came in UK in June 2010 on a student visa that was till Dec 2011. I became late for English test. However I sent my application on 27 December 2011 with a college offer letter and English test result waiting letter. However my application returned saying invalid on 26 January 2012. However since then my English test result came, therefore with the CAS letter and English test result I submitted my application again in the first week of February 2012. I didn't hear anything from home office for student visa but in April 2012 I married to a British citizen and apply for a spouse visa and was granted in October 2012. Now I have been granted ILR in Feb 2015. I have few questions like;
1) can I apply for Natuaralisation now in March 2015?
2) have I breached any immigration rule as my application was returned as invalid and with 7 days gap after return I submitted again?
3) in case if if I have breached rule regarding my first application that was invalid. Can we say my 3 years duration started since same application resubmitted in February after 7 days of first returned application?
Please help me if possible

Reading your post I suspect you are confusing two areas; one around your residential qualifying period (which would appear to be 3 years as you are married to a BC & have ILR) and the second requirement for lawful residence. Without going into too much detail and looking at the latest guidance for when caseworkers can exercise discretion, I'd say the short breach in lawful residence due to your invalid application being returned would most probably be disregarded if seen as not within your control and unintentional (nevertheless this would be by a caseworker exercising discretion).

FYI - The changes that came into effect in December 2014, state that if a applicant is found to have breached immigration rules over the last 10 years from the date of application, their application would be refused.