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ILR to Citizenship after Relationship Breakdown

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Simples323334
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Posts: 1
Joined: Fri Jan 30, 2015 11:39 pm

ILR to Citizenship after Relationship Breakdown

Post by Simples323334 » Sat Jan 31, 2015 12:04 am

Hi,

I am just seeking some confirmation for my situation, which does bear some similarities to others I have read here, but I'd just like this reiterated in case I've missed something.

In June 2010 I came to the UK on a tier 5 youth mobility visa.
In June 2012 I extended my stay via an unmarried partner visa. (This was just before the new rules came in - my partner was a British citizen).
In June 2014 I got my ILR because of my partner visa status. Unfortunately, due to a number of reasons, our relationship brokedown last year.

I have read that my ILR still stands regardless of the breakdown. In June this will mark 5 years I will have been in the UK and 1 year of ILR. So will I be able to apply for British citizenship via naturalisation in June this year? Will my Tier 5 Youth Mobility visa count towards my 5 year residency period?

Thank you in advance your answers are much appreciated!

milan69
Diamond Member
Posts: 1103
Joined: Fri Oct 18, 2013 5:09 pm

Re: ILR to Citizenship after Relationship Breakdown

Post by milan69 » Sat Jan 31, 2015 8:01 am

Last 5 years living in UK + 1 year ILR is enough to apply.
I am sometimes wrong.

Raj5
Junior Member
Posts: 97
Joined: Thu Mar 18, 2010 2:41 pm

Re: ILR to Citizenship after Relationship Breakdown

Post by Raj5 » Wed Feb 03, 2016 6:19 pm

What happens if the relationship has broken down but the couple are still married. Can he apply under section 6(1) of the British Nationality Act 1981 instead of as a spouse of a British national under Section 6(2) ? He has already spent 10 years in the UK having ILR which he had got on the basis of being married to a British citizen. They have been living separately for 5 years now. He does not want to apply as a spouse because then his absences exceed more than 270 days in last 3 years but if he applies on his own right then his absences in last 5 years are only 400 which is acceptable. The relationship has completely broken down and divorce proceedings are pending before the court but still no divorce decree has been made. So the question is can he apply on his own right even if he is technically married to a British citizen?

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: ILR to Citizenship after Relationship Breakdown

Post by noajthan » Wed Feb 03, 2016 6:24 pm

Raj5 wrote:What happens if the relationship has broken down but the couple are still married. Can he apply under section 6(1) of the British Nationality Act 1981 instead of as a spouse of a British national under Section 6(2) ?
...
So the question is can he apply on his own right even if he is technically married to a British citizen?
Yes, it is the applicant's choice (assuming all requirements have been/can be met).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Raj5
Junior Member
Posts: 97
Joined: Thu Mar 18, 2010 2:41 pm

Re: ILR to Citizenship after Relationship Breakdown

Post by Raj5 » Thu Feb 04, 2016 9:46 am

Thank you for the prompt reply and clarifying the situation.

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