Split up and Citizenship

[halifax2]

Hi

I have held my ILR for almost a year and I am coming up to apply for Citizenship in the next couple of months. My wife and I separated about 6 months ago, but remain friends. I have been reading the posts on here and see that it is fine to submit my application after I have been here in the UK for 3 years as I am still married to my wife and will be at the time of the application. She is happy to provide her passport and support the application.
I just wanted to check, should I tick on the form legally separated or married? Also I wanted to check that there wont be any issue with me writing my address where I live and my wife as a separate address (as we do not live together). I am just concerned they will refuse us because we are separted amnd living apart.

I hope that somebody could please advise. Thanks in advance.

[Red Squirrel Publishing]

I would recommend caution here and calling the UKBA to confirm how you should declare this. If you are separated now I suspect they will advise you to declare that to be the case, and that you will need to apply independently of your wife.

The important thing to note is that spouse/partner applications should only be made where you intend to continue the relationship. Note that the instructions on settling as a spouse/partner include the requirement that you continue the relationship - http://www.ukba.homeoffice.gov.uk/partn ... vetoremain. If your relationship had ended before you acheived ILR you would have been expected to declare it as well - http://www.ukba.homeoffice.gov.uk/partn ... onshipends.

As you have already been granted ILR then this shouldn't affect your right to apply for citizenship, but falsely declaring yourself as married when you are separated may harm the application if it comes to light. It may be the case that you hold ILR for 12 months and then aplpy for citizenship separately.

[geriatrix]

One remains married until divorced. Separation doesn't nullify / invalidate a marriage, and the applicant can apply for British citizenship as a spouse of a British citizen if the (British citizen) partner is ready to support the applicant's naturalisation application.

See also Application for citizenship after marriage breakdown


regards