Application for Citizenship after marriage breakdown

[Kevin_K]

Hi Guys,

I would appreciate any help here

I am the worrier type so you might find my questions a bit silly! Here are the information in bullet points:

* Married in 2006 to a British citizen.
* Spouse Entry Clearance was granted in December 2007.
* Wife changed her mind and decided to end things.
* Entry Clearance was cancelled before entering the UK.
* Wife changed her mind, again, and wanted me back.
* New Entry Clearance was granted and I entered the UK in May 2008.
* Marriage went fine with the usual ups and downs. We had a baby in March 2009 and bought a house on a 25 years mortgage.
* ILR granted in May 2010.
* Wife changes her mind again few weeks ago and it seems marriage has broken down. No divorce yet and no official separation either. I have left the house and moved to another city for work.

First Question: I am about to fly for a business trip for about 10 days. Is there any way I would be refused entry at the airport when I come back because my marriage has broken down only few months after ILR was issued/granted? Note that my marriage was genuine and non of this mess was planned.

Second Question: Can I still apply for Citizenship even though we don't live together any more? From what I read here that its possible even if we are separated, however when I've spoken to a lawyer they advised otherwise as we are no longer living together? Wife is willing to submit her passport and even be there for any interviews. I dont want to break the law or submit anything ambiguous as I am in no hurry to obtain citizenship.

Many thanks for your help in advance!

Kevin

[Backer]

You have ILR already and therfore a right to stay in the UK permanently. You can leave and enter freely without any problems

Regarding Citizneship I think you still have to be technically married until May 2011 (I'm not sure if you have to live togather). Otherwise you can wait another 2 years (under current rules) until May 2013 and apply on your own right based on 5 years of residencyyy

[MPH80]

You could actually apply for citizenship now. Providing your were in the country exactly 3 years to the day the HO receive your application.

The rules state that you must have been in the country, but it doesn't say under what visa. So providing you were here legally - any time counts.

I can testify to this - my wife recently got her citizenship based on being my spouse less than a month after getting ILR. She had been here on a tourist visa.

So - since you were here in the September of 2007 - you can apply now.

Just do it before December!

[Kevin_K]

Thanks for your reply guys. I really appreciate the advice.

Becker, this is what I thought but when I spoke to the lawyer, she explained that how can I apply on marriage basis when my marriage has broken down and we no longer live together? Its a bit confusing because on the form itself there is a Legally Separated box to tick but not a Divorced one so does that mean I can still apply?

Will the IO not ask about my martial status and question any trouble or separation in the relationship?

MPH80, Congrats on sorting your wife's papers I have entered the UK in May 2008. So I guess I will need to wait till May 2011 for the three years residency satisfactory period if I am to try to apply on the basis of marriage, right?

What's going to change in December?

Thanks, you guys!

[John]

Kevin_K until the Decree Absolute of Divorce is issued you are still married to your British Citizen spouse. So until then you can apply for Naturalisation under the 3-year rule.

However you will need to supply proof that you are indeed married to a British Citizen and ordinarily that would mean supplying their British passport. But is she likely to be co-operative, and let you have her British passport for a day or two while you go to an NCS office?

Or alternatively, if she was born in the UK, do you know where and when she was born? If yes you can get a copy of her birth certificate and that will give you the proof you need.

So you cannot apply until next May, so don't rush the matter of the divorce!
But did you visit the UK at all in the period from September 2007 (3 years before now) and May 2008 when you arrived on the spouse visa? If yes, details please.

[Kevin_K]

Hi John,

Thanks a lot for your reply at first.

I am not sure if these points affect anything but let me add that:

* Wife was born in the UK and has no issues giving me her passport or even showing up at the NCS if needed.

* We are still tied to a joint mortgage and the house is in both our names.

* I have not been in the UK before my first entry on May 2008.

* We were married abroad and I had to enclose the original marriage certificate with my Entry Clearance and ILR applications and was recognized and accepted.

* Wife is on single parent tax credit and Child tax credit

So what do you make of this then John? Am I eligible to apply for Citizenship even though we are separated?

I would very much appreciate your help mate.

Thanks in Advace!

Kevin

[John]

As said before you can use the 3-year procedure until you have the Decree Absolute.

[Kevin_K]

So just to get this right, I can apply in May 2011? With all the given details above?

[John]

You can apply from sometime in May 2011, as soon as you can pass the "applicant was physically in the UK exactly 3 years before UKBA receive the Naturalisation application" test ..... as long as you are still married to your British Citizen spouse, which you will be until the date on the Decree Absolute.

[Kevin_K]

Thanks John. Appreciate your help.

I would appreciate anyone input with a similar experience or a different opinion?

Thanks guys!

[John]

If you go to the UKBA website you will find it confirms what I have posted.

[Kevin_K]

Thanks John. I was in no way doubting what you said. Just asking for a confirmation Thanks for you advise mate

[Backer]

You recieved sound advise and you can eaily confirm it if you do a little reading

[Kevin_K]

Thanks guys

Really appreciate the efforts.

What's confused me is when I called a lawyer's office I was advised that its not right to apply when separated. I've spoken to two of them and both said the same thing

[John]

Oh dear! (That is the polite version!)

You are entitled to make a section 6(2), that is as the spouse of a British Citizen, and if you download this UKBA document and in particular read 20.2, you will see that :-

"Married" should be taken to mean validly married in United Kingdom law.

And marriage law is quite clear, you remain marriage until the issue of a Decree Absolute of Divorce, or of course the death of one of the spouses.

There is absolutely nothing in Citizenship law regarding separation, either legal separation or otherwise.

[geriatrix]

18.2.2.1 A person may be granted a certificate of naturalisation as a British citizen under s.6(2) of the British Nationality Act 1981 if, on the date of application, the applicant:
• is of full age (i.e. aged 18 or more); and
• is of full capacity (see Annex A); and
• is married to/in a civil partnership with a British citizen (see Annex F to Chapter 6 and the entries "MARRIAGE" and "CIVIL PARTNERSHIP" in Volume 2); and
• meets the residence requirements set out in 18.2.2.2 below; and, at the time of consideration:
a. is of good character (see Annex D); and
b. remains of full capacity (see Annex A); and
c. (if the application is made on or after 28 July 2004) has a sufficient knowledge of the English, Welsh or Scottish Gaelic language, and can provide the appropriate evidence to support this (see Annex E); and
d. (if the application is made on or after 1 November 2005) has a sufficient knowledge of life in the United Kingdom, and can provide the appropriate evidence to support this (see Annex E Section 1).

Meaning of "Married"
20.1 The word "married" is not defined in the British Nationality Act 1981.
20.2 "Married" should be taken to mean validly married in United Kingdom law.

14.3.3 Under s.5 of the Nullity of Marriage Act 1971, a decree absolute of nullity, granted on or after 1 August 1971 on the grounds that a marriage is voidable, has no retrospective effect. Notwithstanding the decree, the marriage must be treated as if it had existed up to the date of the decree absolute. In other words, such a decree may be regarded in exactly the same way as a divorce decree.

regards

[Kevin_K]

hahaha John. You cracked me up!

sushdmehta, thanks for spelling it for me

I am convinced now!

You guys are great. Really, thank you so much

[Kevin_K]

Just thought I post this in case it would be useful for anyone with the same situation in the future- sharing is caring

Update:

* I consulted an immigration lawyer (I got their name and details from this forum). They advised that I would be breaking the law if I apply on the basis of marriage when in reality I am separated from my spouse- he classified it as misrepresentation. However, the lawyer was not familiar with the application form. Also, he mentioned things like supporting documents to prove cohabitation which was a big shock to me as in no way there is any mention of that on the AN form.

* I called the Citizenship help line and explained everything in details, I made it clear that I dont want to be breaking any laws or taking any half chances. The advise was to apply in full confidence and they would accept the application as long as my wife is willing to supply her passport for NCS checks- cohabitation is not a requirement. Also, I was assured that this is in no way a misrepresentation.

Conclusion:

* Do not entirely trust immigration lawyers, I was charged £70 for a completely wrong advice! This guy had 8 staff working in his office and he had no clue on exact form AN requirement!

* As John and sushdmehta had kindly advised. Its acceptable to apply for Citizenship after marriage breakdown if you're still legally married and your wife is willing to supply her passport to support the application.

Thanks to you all for your help

[juliajules1979]

Hi

Do you have to tick on the form that you are legally separated or tick the box married? Many thanks.

[Kevin_K]

If you are legally separated then tick that. Otherwise, and if you're only separated, you are still married in the eyes of law (Legally).

"A couple is legally separated after petitioning the court to recognize their separation."

[iyanu]

Kevin_K Wrote:

If you are legally separated then tick that. Otherwise, and if you're only separated, you are still married in the eyes of law (Legally).

"A couple is legally separated after petitioning the court to recognize their separation."

Well done Kevin...you have suddenly become an immigration (Marriage) expert..wonderful..this forum is highly rich..RESPECT!

I just felt I should highlight that

[John]

Do you have to tick on the form that you are legally separated or tick the box married?

You have to answer the question honestly, as simple as that.

"A couple is legally separated after petitioning the court to recognize their separation."

Well no, not quite. If one party to the marriage has petitioned the Court for a Decree of Legal Separation, they are not legally separated until the Court has issued that Decree. Merely starting those proceedings does not make them legally separated.

[Kevin_K]

LoL

This forum helped me a lot and all I want is to help others in need

Thanks guys!

[mcescher_fan]

Hello Kevin,

I'm hoping you are still in the forum. I'm currently exactly in same situation like you. Me and my wife agreed to stay separated but we will go counseling so we don't break our marriage. Now what address did you put in the application. The address you used to live with your wife in it or the new address. Also did you have to call UKBA and change the address before applying on your ILR card?

I hope you have got your citizenship. Please be here lol

Thank you in advance

Hesham