When do I apply for Naturalization?

[oluade66]

Can someone advise me. I came to UK in Oct 2005 via a visiting visa. I stayed back and applied for my indefinite leave to remain in year 2008(My application was based on my spouse's British citizenship) He was born in the UK. My ILR was granted with effect from January 2010.although we are still married, my husband and I are now separated since he decided to leave me and 3 children here. We are not even on talking terms and I don't know exactly where he lives.

Now, when can I apply for naturalization?Can I do it without recourse to him? :?can my visit date of october 2005(on visiting visa) count as my stay in UK since I ve never lleft the uk since 2005?

[geriatrix]

Are you still married to your partner? If so, you may be able to apply for naturalisation as spouse of a British citizen as and when you fulfil the requirements for spouse / civil partners. To be able to do this, you'll need your spouse's birth certificate and your marriage certificate. If your partner was born in the UK, you should be able to get a copy of his birth certificate from GRO.

In the event that you cannot get hold of either / both document(s) mentioned above, you may then apply for naturalisation as and when you fulfil the standard requirements.

This said:

But prior to the ILR the marriage had already broken down. But luckily I was still able to get the ILR.

Both you and your British citizen spouse may be in trouble if UKBA figures this out, as your statement suggests that you made false representation to obtain ILR (applied for settlement on basis of marriage when the relationship no longer subsisted) and your British citizen spouse sponsored a fraudulent application.


regards

[fhumbert]

from what you are saying, you could apply for naturalisation from January 2011 in your own rights, provided you meet all the other standard requirements.
This route would not require you to prove that you are married to a British citizen.
There is a residency requirement of 5 years though. It is not clear in your post whether you would meet that.
If you have been in the UK since Oct 2005, then you have the required 5 years (provided any absences are few and far between).