Spouse eligibility

[bebe2011]

hello everyone....almost too late i have found this forum which is so insightful....

i have a query about my eligibility as the spouse of a british citizen....i have ILR and eligible to apply as a spouse....however my spouse and i are arguing and we are living apart from each other for some months....

now i am due to apply for citizenship but cannot get a hold of the british passport or naturalisation certificate as it is out of the question now. my spouse won't give it to me.....we are both angry at each other.....we are now separated but not divorced....

i know the application forms states spouses British passport or birth certificate but then the guidance states passport, birth certificate or naturalisation certificate..

now i have however managed to obtain by requesting from the ukba, a duplicate of the naturalisation certificate and wish to know if i can submit it as evidence of my marriage to a British citizen....i have our marriage certificate.....

has anyone ever applied and been successful using only the marriage certificate and naturalisation certificate?

also regarding the reference number (form AN question 1.1) is it the one on the letter i received from the home office when my ILR was granted?

many thanks, folks and looking forward to hearing some good advice.

[bebe2011]

can someone who can, please advise even if its only on one aspect of my queries... i am really anxious to know as i need to apply soon....

i hope i am not being pushy but...

best wishes to all

[osteophytes]

can someone who can, please advise even if its only on one aspect of my queries... i am really anxious to know as i need to apply soon....

i hope i am not being pushy but...

best wishes to all

Please provide more details! When did you come here? What was your immigration status from the time you entered UK? Did you come as a spouse or did you change from another category? Do you meet the residential requirements?

Only the following documents needed for applying as a spouse

1) Naturalisation certificate is enough (when you say duplicate from home office, do you mean you got a replacement certificate by saying that you lost the original?)
2) Marriage certificate
3) Sometimes the NCS might insist on having the life in the uk certificate (but it is not needed if you have done it for the ILR)

If you have the above two you can apply. But, your application can be considered as deceitful, if your spouse complains! And if you managed to get the duplicate without his/her knowledge then it can be considered as a serious offence.

[bebe2011]

oh thanks so much for replying....i was living here for about 3 years and then went back and returned as a spouse........ so now yes i more than meet the residential requirements....

infact everything else is in order except for that one little aspect.....i have my marriage cert....life in the uk test......and yes spouse knows about it.....asked them and the reply was just do whatever you want in an i don't care manner!

so i went ahead and requested a replacement which is specifically the duplicate....so is this basically the same as the original (on the certificate it states it is a true copy of the certificate and signed and stamped) and i believe it is ok to use then.....???

[John]

so i went ahead and requested a replacement which is specifically the duplicate

I have read and re-read your post and I have to ask .... a replacement for what? Would that be the birth certificate of your born-in-the-UK spouse?

[Jambo]

a duplicate of the naturalisation certificate

John,

I believe his wife is naturalised BC and not UK born BC.

[SANGHA]

Could anyone please inform me on what the difference is in Nautralisation and British Citizenship and how long do you have to wait before you can apply for either of them?

I am writing on behalf of my sisiter in law who has received her settlement visa in July 2011 (she came to the UK on a spouses visa).

If she was to do for a visit abroad for more than 90 days at any one time will that have any implications on the above?

I look forward to hearng from you.

Kindest Regards

[vinny]

Naturalisation is a legal process by which someone with no automatic claim to British citizenship can become a British citizen and obtain the same rights and privileges as someone who was born a British citizen. You can normally apply for naturalisation as a British citizen if you have lived in the United Kingdom for 5 years or more, or are married to a British citizen and have lived in the United Kingdom for 3 years or more. See eligibility for naturalisation for full details of who can apply.

[bebe2011]

Spouse is a naturalised bc........is it ok to go ahead using the duplicate nat cert? any experiences

[osteophytes]

Spouse is a naturalised bc........is it ok to go ahead using the duplicate nat cert? any experiences

If you have the official copy from home office and if your spouse has no objections then you can apply. But technically speaking, your marriage is not sustaining and home office might withdraw the citizenship in the future if some one (for example, your spouse) complains. Check the link below

http://www.ukba.homeoffice.gov.uk/sitec ... chapter55/


May be it is better for you to wait and apply on your own after completing 12 months as ILR holder.

[John]

But technically speaking, your marriage is not sustaining and home office might withdraw the citizenship in the future if some one (for example, your spouse) complains.

Absolutely incorrect! The British spouse has not got to give permission or consent to their spouse becoming British. Accordingly there is no question of citizenship being withdrawn because of spouse objection.

Technically the marriage subsists until the death of one of the parties to the marriage, or the issue of a Decree Absolute of Divorce (or valid foreign equivalent thereof).

[bebe2011]

thanks for your inputs osteophytes and john.....in this case i strongly lean towards john's input as i have now made a bit of research...technically as long as the marriage is valid then i could apply......it is only if the marriage is invalid or void i.e where a divorce has taken place or the marriage never took place; could the naturalisation be nullified.....the subsisting issue only matters with applying for ILR as a spouse.....if a spouse complains during the probationary period, the ILR wont be granted......

so it is with my spouse's knowledge that i have the cert......and as this duplicate certificate came from the home office themselves then it can be used.......what do you think guys?

[osteophytes]

I agree with John but your original post confused me a little

[osteophytes]

cannot get a hold of the british passport or naturalisation certificate as it is out of the question now. my spouse won't give it to me


now i have however managed to obtain by requesting from the ukba, a duplicate of the naturalisation certificate

Well, based on the above contradictory statements I presumed that your spouse is not aware of your success in getting the duplicate.

If your marriage is still valid and if your spouse allowed you to get a duplicate (which is confusing because he/she did not give the original) then you can apply.