Am I eligible for Naturalisation ?

[Maly110]

Hi everyone,
I came to the UK in Jan 2009 on a student visa, then I married and my husband holds an ILR visa, based on his I was granted 2 years marriage visa in Jan 2012 and in Jan 2013 I was granted an ILR. My husband has got his ILR and not a BC yet, my question is can I apply for BC while his not got his BC?
Many thanks

[Jambo]

Yes assuming you hold ILR for one year (I believe there is a mistake in your dates in the post).

[Maly110]

Thanks for your response, yes I typed it wrong, I was granted marriage visa in Jan 2011 & my ILR in Jan 2013. I heard I cannot apply for BC while my husband still is not a BC?!

[Jambo]

You heard wrong. Once you obtained ILR, you are not dependant on your partner any more. If you meet the requirements, you can apply.

[Maly110]

Thanks Jambo.
I recently filled the Naturalisation form for a friend and one of the questions was regarding her husband, asking his BC (or passport) number and the date he become a BC?
so if I'm going to fill this form for myself shall I leave it blank?
also I remember I read on UKBA website a while ago that one of the requirements for Naturalisation for cases like mine is to be a spouse of a BC.
That's why I'm so confused! please could you clarify it for me? Many thanks in advance.

[Jambo]

There is only one form for naturalisation which covers several categories (such as spouse of BC) so some questions are not relevant. If not relevant, leave blank.

[nemo999]

Sounds like the original poster is no longer with her partner and concerned to apply for BC without the consent of ex-partner (as the visa was given based on relationship).

As far as I am aware, your ILR was granted on the basis that you were married to someone who has ILR.

From the day you got your own ILR, you are independent and free to apply for BC on your own.

In BC form they would like to know about your partner / ex-partner, and current state of relationship, but if you are separated / divorced that shouldn't matter. Since I am not an immigration lawyer, I would suggest to be honest and please check with a immigration lawyer, if your relationship is over. You may also call/email home office and get clarification on the same.

Hope this helps.

[Maly110]

Hi nemo999

Thank you for your response. I am not separated, but my husband still has his ILR, my concern was I may not apply for BC as my ILR was base on marriage and as long as my husband doesn't hold BC, I cannot apply for BC as well. So now based on your answers I understand I have an independent case and I can apply for BC on my own.

But still there is a confusion for me as I read in some of the replies that a spouse can apply for BC once her/his partner got BC.