Nationality query

[wpp]

hi all,
i got this question on behalf of my friend. He is from Pakistan, got married to british citizen about 5 years ago. He has got indefinite leave since 4 years now. he doesnt live with his wife anymore and they got no contact for sometime now, basically its over between them. Now when applying for nationality .what shall he answer to this question.
its Form AN(NEW)
1.14 Are you single? NEVER MARRIED, DIVORCED, WIDOWED
Or Are you married MARRIED, LEGALLY SEPARATED
so this is one question he not sure about
Second problem is
What happens if HomeOffice asks for his wife passport or other documents, as he is not in contact with her, he cant get them.

Any help wud be much appreciated.
Thanks

[John]

It looks like the application will be made on the basis of five years in the UK rather than three years if married to a British Citizen.

So I think that ... obviously ... that question should be answered truthfully ... Married .... but use the white space on page 13 to explain, something like :-

Q1.14 : Separated from wife. No longer in contact with her. Her present whereabouts unknown. Application being made as if not married to British Citizen.

-: or words to that effect.

[wpp]

HI, thanks for the reply.
Well can he apply on basis of 5 years stay in UK to get nationality. Wont it complicate the things??? He has all other documents except documents related to his wife. If he can apply on basis of 5 year stay ,will it be ok to submit application ourself without involving a solicitor.
Another guy in same situation submitted application mentioning he is separated .Now he has been asked to sent his wife's passport , can he say that he is not in contact with her and cant send her documents.
Thanks alot.

[John]

Wpp, I think you highlight the problem. Remembering back to when my wife's application for naturalisation went in, it was very clear that my British passport needed to be submitted. So it was. The application was submitted under the three-year provision .... indeed IND received it 3 years and 2 days after my wife first arrived in the UK.

If an application is being submitted under the non-British spouse five year provisions, I think that as long as the form makes that clear then there is no need to submit the spouse's passport. After all, the person is not asking for the preferential three-year treatment that can be accorded to spouse's of a British Citizen.

Use a solicitor? Surely no reason for that.

[wpp]

hey John, thanks for quick response
So he will be applying on basis of 5 years stay here in England.
1.So still he completes and submits the same application Form.
2.What will be the answer to the Q: are u single, married woteva
3.Do he need to fill anyfing in empty space on section 13
Thanks alot.

[John]

Wpp, I don't think I can add to what I posted yesterday :-

So I think that ... obviously ... that question should be answered truthfully ... Married .... but use the white space on page 13 to explain, something like :-

Q1.14 : Separated from wife. No longer in contact with her. Her present whereabouts unknown. Application being made as if not married to British Citizen.

-: or words to that effect.

-: except to confirm the same application form is used whether the person is applying as a spouse of a British Citizen, or not.