married but living apart, what route?

[Sisu]

Hi everyone, there is a very similar thread already exists here but sadly it was locked.

I had ILR granted over 1.5y ago and recently me and my husband broke up and we live apart now, we both have new (different) addresses. He won't give me his passport but I have a full copy of it from the ILR application and original of marriage certificate.

The question is what route to apply with: 6(1) or 6(2)?

Will HO require my husband's passport (actual passport) at any stage? If not then I will just go ahead with 6(2). As long as I understand they don't care that we live separately (different addresses) and I don't need his permission to apply for citizenship?
So can I state his new address as it is on the form? Because we still can be broken up regardless, we just still have to be legally married, do i understand it correctly?

Many thanks
S

[CULLINAN]

Since you are still legally married to a British Citizen AND also hold ILR for 12+ months, you have both options given you meet the residence requirements. Both sections have their own residence requirements.
Separate address does not matter as long you can provide the marriage certificate and spouse British Passport copy in case you go via Section 6(2).

If you decide to go via Section 6(1) see FYI:
british-citizenship/naturalisation-as-a ... 13974.html

[alterhase58]

Also note, your husband does not need to give permission for you to apply. Your application is personal and individual to you - there's no dependent concept for citizenship.

[Sisu]

Thanks a lot for the detailed reply CULLINAN

Yes, I have all the copies from the ILR, the actual worry is wether they will request his passport (not a copy) via post, this I can't provide as he won't give it to me.

I want to go vie Section 6(2) as it seems to be less fuss and I don't want to bother with additional letter if it makes sense

Thanks

[Sisu]

Thank you alterhase58 for the reply as well,

So a copy of passport and marriage cert (but not original passport) is enough ?

Going with Section 6(2) then =)

[alterhase58]

For the application you only upload scans/copies of documents - you retain your originals/copies.

[CULLINAN]

the actual worry is wether they will request his passport (not a copy) via post, this I can't provide as he won't give it to me.

No they wont.
Make sure you meet the 3 years residence requirements.
AND you were physically present in UK on the start of the qualifying period. Lets say you apply on 29/3/2021. You should have been physically present in UK on 30/3/2018.

[Sisu]

thanks a lot for help guys!!!!

[Sisu]

oh, guys can I ask one more question please?

regarding the Proof of living in the UK for the last 3 years, I can't find it in the guidance..

My friend who applied on the same (3 year married to BC) route said that I must provide with council tax billed etc for the period from getting ILR or better for the past 3 year period. I can't find any info about it, is she giving me wrong info?

My list of documents is pretty much the following:

My old passport
My current passport
internal (native country) passport+translation..?
Letter from HO when I got ILR
BRP card (ILR)
Life in the UK
English language cert
The following requirement is "Proof of living in the UK for Sisu for 5 years if applying in your own right or 3 years if applying as the spouse of a British Citizen" What exactly does this mean though? that is quite confusing.
my husbands passport
my marriage cert
2 referees declarations

Am I missing something?

[alterhase58]

As you are applying based on UK ILR your passport(s) covering the residency period are sufficient.
Friend may be referring to EU citizens who have to provide documents (such as P60 or council tax bills) as their passports don't get stamped.
Not sure what you mean by "internal (native country) passport+translation..?". Is that your country's ID card? Passport is sufficient and no translation needed.

[Sisu]

thanks, alterhase58
makes perfect sense re documents. Ok, Ill just include my passport.

Regarding to "internal passport" yes I meant the ID card (passport of the country I originally come from). Ok I will not attach it, thank you!

[Sisu]

guys I am sorry to be a pain but can I ask for more advice?

I was just going through my application form to double check before I submit and it is asking me wether I lived under this address for 5 years? Do I ignore it and provide with 3 year history of where I lived?

As long as I understand application based on being spouse of BC requires me to provide with 3 year history of where I lived and 3 year history of traveling???

thank you!!!

[Sisu]

PS I read the forms guide but it is unclear and says "Where required, provide all your home addresses for the past 5 years"

[alterhase58]

PS I read the forms guide but it is unclear and says "Where required, provide all your home addresses for the past 5 years"

Assumed it was addresses for three years - if there's no option for three years then just do five years. Maybe someone who has done the 3 year route application could comment.

[Sisu]

thank you!