6 years DLR to ILR to Citizenship application

[Giveita100]

Hello Guys,

I am preparing to apply for neutralisation / citizenship in a few months and doing some research from here. So far, the FAQs has really been helpful and the through reading different topics and posts on here, I am able to gather enough information myself thanks to everyone contributions and the moderators as well.

My situation is this, I am currently separated from my partner and we live in separate addresses. Although we are separated but we are still legally married. I have P60s as proof of my NI contribution, I have been away on holidays for less than 40 days in last 3 years.

However, I do have some pressing questions if anyone would be kind enough to answer if they have knowledge on it. In form AN, from section 1.32 about details of your partner, I know I have to provide her details but my question is, will I be required to provide details / submit a copy of her Passport as unfortunately this will not be possible?

Do I have to wait for the 1 year anniversary of my Indefinite Leave to Remain before applying or Can I apply anytime as I am legally married to a BC for 6+ years although currently separated. I do have marriage certificate as proof.

I was caught speeding and attended the course and paid the fine last year and upon checking the details online, I have 0 driving conviction to my name. Do I need to declare that?

My situation is this, I am currently separated from my partner and we live in separate addresses. Although we are separated but we are still legally married. I have P60s as proof of my NI contribution, I have been away on holidays for less than 40 days in last 3 years.

[CR001]

However, I do have some pressing questions if anyone would be kind enough to answer if they have knowledge on it. In form AN, from section 1.32 about details of your partner, I know I have to provide her details but my question is, will I be required to provide details / submit a copy of her Passport as unfortunately this will not be possible?

If you are applying on the basis of spouse of British citizen then yes, you have to submit evidence that your spouse is British, i.e. passport copy.

Do I have to wait for the 1 year anniversary of my Indefinite Leave to Remain before applying or Can I apply anytime as I am legally married to a BC for 6+ years although currently separated. I do have marriage certificate as proof.

Not if you apply as spouse of BC. If you want to apply based on 5 years residence in your own right, then yes, you have to wait 1 year on ILR.

What was your immigration status prior to getting your first DLR?

[Giveita100]

Thank you for your prompt reply CR001,

Prior to My first DLR, I had just a 2 year Visit Visa which was valid at the time. I was granted DLR due to family life - Kids and marriage.

Yes, I do intend to apply in my own right, 6 years DLR + 1 year Indefinite Leave to Remain. So going back to my previous question, although I know it is important to include her details on section 1.32, reason for asking.

Do I need to declare my speeding offence as it never lead to a conviction and doesn't show on my record online?

I do have the Life in the UK test result and B1 Test as well. P60s for last 6 years and also met all other requirements.

[CR001]

Prior to My first DLR, I had just a 2 year Visit Visa which was valid at the time. I was granted DLR due to family life - Kids and marriage.

How long had you stayed in the UK on your visit visa and what date did the visit visa expire? What date was your first DLR applied for and granted??

Yes, I do intend to apply in my own right, 6 years DLR + 1 year Indefinite Leave to Remain. So going back to my previous question, I know it is important to include her details on section 1.32, Would I still be required to provide proof of her passport or marriage certificate?

No you don't as you will apply under section 6(1) of the nationality act, which is 5 years residence and this is what you state on the form. You can also state you are separated if it gives you the option and provide a brief note in the 'additional information' section of the form if necessary.

Do I need to declare my speeding offence as it never lead to a conviction and doesn't show on my record online?

Best to declare than not to declare but whether it is a must, I don't know.

I do have the Life in the UK test result and B1 Test as well. P60s for last 6 years and also met all other requirements.

Is your B1 test still valid and from an HO test provider on the current list as you would not have needed these for ILR based on DLR. P60s is not required.

[Giveita100]

Again thanks for your prompt reply, really appreciate the effort.

My 2 years visa was granted around Feb of 2010 which was due to expire in Feb 2012. However I applied to DLR in August 2011 and was granted for 3 years. I renewed my DLR in 2014 again granted for the further 3 years. Last year, i applied for Indefinite Leave to Remain using the same day service and was successful. I didnt need to take LIUK / B1 Test then as it wasnt required.

I have recently just passed both the LIUK and B1 test in preparation for my citizenship application and it is HO approved test centre.

[CR001]

Prior to My first DLR, I had just a 2 year Visit Visa which was valid at the time. I was granted DLR due to family life - Kids and marriage.

How long had you stayed in the UK on your visit visa and what date did the visit visa expire? What date was your first DLR applied for and granted??

[Giveita100]

Sorry for misunderstanding the question.

I stayed on my visit visa for 10 months approximately and it expired in June 2012. However, I stated the reason for overstaying during my DLR application due to my wife was pregnant and sick at the same time.

My first DLR was applied for in August 2011 and was granted in October 2011 - just under 7 weeks turnover.

[CR001]

You might fail the good character requirement for citizenship due to overstaying your visit visa (for longer than 180 days).

What was the reason you stated in your visit visa application as purpose of visit and how long did you state your 'visit' was going to be??

[Giveita100]

I initially stated I was visiting my family and I was initially suppose to stay for 1 month. However, My wife couldn't cope with the sickness from being pregnant and i had to take care of my step child. There was no way I could return leaving her at that state. I do understand the citizenship application is judge on good character, but I did explain that on my initial application for DLR and it was not a problem as I got a reply from them in less than 2 months.

Also when applying for my ILR, it was not an issue or brought up when I was interviewed.

[CR001]

DLR and ILR under the immigration rules (and what is accepted or allowed) is completely different to the British Citizenship laws. They are not the same rules or requirements and what is ok for ILR, will not necessarily be ok for citizenship. You need to be very aware of this as if you are refused for any breaches of immigration rules etc, you lose your citizenship fee.

[Giveita100]

Yes I am aware of the immigration rule in terms of DLR /ILR and citizenship. Although I think this might be an issue but I dont think I have much to lose if I go ahead with the application apart from the fee. Overstaying my visit visa will always be on my record regardless even though I have been legal for almost 7 years now. I have had the same employer for over 6 years and earned between 60-70k a year.

Apart from my speeding offence which was not a conviction as I attended the course the and paid the fine, I have never had any criminal offences or civil judgment against me.

I am hoping good will come out of this at the end, if not, will always try again in a few years.

Thank you so much for your help CR001, you have been kind.

[CR001]

To avoid refusal under the good character requirement, even with the visit visa issue, you would likely be more successful if you applied 10 years after the date you were granted your first DLR, i.e. October 2021.

Worth a risk but yes, you do lose the £1300 odd fee if refused.

[Giveita100]

You are right CR001, I do see your point and where you are coming from.

In the same situation, considering my overstay by 10months, would I fail the good character test even if I included my wife details, marriage certificate and copy of her passport? Take into consideration we are currently seperated and live in different addresses but are legally married for 9 years and We do however have no plans of divorce as we have the kids and still in good terms until we can both decide our future?

[CR001]

The good character requirement is applied regardless of which route (3 year or 5 year) you apply. There is no exception.

[Giveita100]

Thank you so much for your input CR001, I think I'll wait until 2021. Only 3 more years from now.

Thanks once again.