ILR to naturalisation (separated from partner)

[milan69]

You are officially married until granted Decree Absolute.
As far as your absences are concerned you are allowed to be out of UK for 90 days in the final year and 270 days in total for the last 3 years. Anything above and you have to apply for discretion. Note that if you have been absent for more than 180 days in the final year your application will most likely be refused.
I suggest you contact nearest NCS as they are qualified to check your documents and send application on your behalf having you keep the original documents.

[laurasgarden]

Thanks for your reply milan69. So what you are saying is that even though there are all these horrible things happening in my marriage and we no longer living together but still married, I can still have the right to apply for citizenship? As long as all the paper work is done? Which it has been for 2 months now.
I'm more worried about the situation with my husband and his threats than absences (I fill the required time permitted). My real worry is my situation with my husband. When he threatens me about 'not confirming' our relationship to the Home Office it makes my heart sink. I don't think he can do that really if we are still married. Plus there's about 300 people in the UK that would 100% confirm that our marriage was real. He's trying to play a power card on me.

[akash08]

It is bit surprising to see people always have this doubt, I do not understand why.

There are only 3 official marital status after one is married, 1) Married 2)Separated 3)Widowed

There is not a staus - Divorce Likely, Married but Living Separately etc.

Unless you are separated by law, you are married. What is going on in your personal life has no significance at all with immigration policy, they do not and not allowed to sneak into our bedrooms.

The only issue that may happen (very less probability) is UKBA being suspicious that the marriage was not genuine and was intended for immigration scam. However, they have to prove this and if your marriage was genuine, the only option they have is to grant you citizenship!

[milan69]

In addition to your absences please read page 7/8:

https://www.gov.uk/government/uploads/s ... let-an.pdf

[laurasgarden]

Thank you, milan69. I was 90% sure I could still apply as long as we were legally married but his threats get the best of me.
I feel much much better.
Again, thank you.

[AHYL13]

Hi there

I am in the same situation at the moment. My husband will not provide me with his passport however, I have already obtained his birth certificate from the register office. Can I still use it to replace his passport for my naturalisation application?

I obtained my ILR in July 2014 (this year).

All I can see on the guide for the AN application is:

*Your spouse’s or civil partner’s current passport or naturalisation/registration
certificate showing that he/she is a British citizen. If you are making your
application by post you can send a complete and full copy of your spouse’s or civil
partner’s current passport. Every page of the passport must be copied including
any blank pages AND
•The marriage certificate or civil partnership certificate

It doesn't specify whether he birth certificate can be used instead of the passport or not.

Thanks so much in advance for your help.

Regards

Hi can anyone answer this? I am in the same sort of situation as diana111 but I obtain my ilr over a year ago. Has the application changed? Can I not use a birth certificate instead of a passport. if this is not possible can I apply for naturalisation through the 5 year residency. ( do I have to put my spouse's details in 1.31 to 1.38)

Many thanks in advance.

[milan69]

If you have been resident for the last 5 years than you can apply on your own regardless of your marital status.. You have to have held ILR for one year.

[milan69]

by CR001 » Sat Apr 26, 2014 3:32 pm

1.31 to 1.36 - as you are still legally married, you write your husband's details for these questions.

1.37 - if you were previously married and then divorced, write those details here. If you have never been married before your current marriage, leave this question blank.

[AHYL13]

by CR001 » Sat Apr 26, 2014 3:32 pm

1.31 to 1.36 - as you are still legally married, you write your husband's details for these questions.

1.37 - if you were previously married and then divorced, write those details here. If you have never been married before your current marriage, leave this question blank.

Thank you.

One last question. As I'm going to be applying without my spouses documents, do I still tick 6.5 on the an form?

[CR001]

If you are applying on the basis of 5 years residence and qualifying in your own right, then no, you do not have to tick or include.

If you are applying as spouse of BC based on 3 years residence, you will likely have a problem if you do not have/submit the documents.

[AHYL13]

If you are applying on the basis of 5 years residence and qualifying in your own right, then no, you do not have to tick or include.

If you are applying as spouse of BC based on 3 years residence, you will likely have a problem if you do not have/submit the documents.

How does the the HO distinguish my application as basis of 5 years residence and not as applying as spouse of a BC?

Sorry for all these questions.

And many thanks for answering them.

[milan69]

I suggest you use services of NCS when applying and if so state on what basis you are applying.

For you information:
- 6(1) is when applying based on a 5 years residency + 1 year ILR
- 6(2) is when applying as a spouse of BC.


(This is section 6 of the British Nationality Act 1981)

[AHYL13]

I suggest you use services of NCS when applying and if so state on what basis you are applying.

For you information:
- 6(1) is when applying based on a 5 years residency + 1 year ILR
- 6(2) is when applying as a spouse of BC.


(This is section 6 of the British Nationality Act 1981)

Thanks again.

[ahyaan90]

Yes, I applied as spouse of BC even though we were and are separated and was approved, no questions asks. But you will need your spouse's British Passport etc.

If you have been resident for 5 years, you can apply on your own based on the 5 year residency

" Does this five years residence have to be counted after getting married or before marriage" what If someone came as student then they get IGS ( international grraduate scheme for two years) then married then ILR then divorced.

[Casa]

All legal residence is calculated for the 5 year qualifying period.

[ahyaan90]

All legal residence is calculated for the 5 year qualifying period.

Casa thank you very much for your quick response