3C Leave

[bmss]

Hi,
I am due to apply Naturalisation, my 10 years ILR application was refused in May 2017 reason they told, my previous Entrepreneur visa when they refused it in 2014 was not appealed on time and they told me i am overstayed, although i won that Entrepreneur appeal in 2015, Later on when i go for my ILR appeal hearing, i won it again and my Appeal was allowed under Human Right Grounds and granted ILR
My question are
- if my Appeal allowed under Human Right Ground and get ILR is my 10 continuous lawful residency still be ok,
- can i apply for Naturalisation because one of the residence requirement for Naturalisation is '' You must not have been in breach of the immigration rules in the 5 year period''.

- Please advise me.
Best Regards

[zimba]

If you were granted ILR on human rights grounds, then possibly you were overstaying in 2014 and HO granted ILR exercising discretion. For naturalisation you cannot have any breach of the rules in the last 10 years so your overstaying in 2014 may have an effect on your application

[bmss]

Thank you for your reply, Please find below some Decision from the Judge, where they told there was no break in my 3C leave:
''
26. For these reason, I find on a balance of probabilities that the appellant's appeal against the refusal of his Tier 1 Entrepreneur application was received in time and there was no break in his 3C leave, I do not consider the respondent was accurate when calculating the appeal period referred to in the current refusal letter. To begin with it stated the refusal letter was sent on 2 April 2014 when there is clear evidence that it was not sent until 3 April and, when calculating the 14 day period, failed to take into account that in 2014 the Easter holidays intervened which should have been taken into account in the calculation.

27. It appears, therefore, that the appellant was able to show compliance with the long residence requirements of paragraph 276B(i)(a) in so far as he could show 10 years continuous lawful residence in the UK. The respondent did not consider the public interest issues set out in paragraph 276B (ii), which would include issues relevant to his private and family life.

28. I have therefore decided to allow the appeal to the extent that owing to error, the respondent failed to give proper consideration to the appellant's private and family life under the long residence provision for the reason set out above.
Notice of Decision
The appeal is allowed on human rights grounds to the extent set out above.''

I have receive SAR from HO which showed paragraph 27 and under that paragraph
''Applicant's appeal was allowed under Human Right Grounds
Applicant to be granted ILR

Please let me know is there still break in my 10 years,
Please also let me know what is the difference between getting ILR on 10 Years rout and getting on Human Rights Grounds

Best Regards

[zimba]

HO was wrong then. So you are good to go.