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SET(M) ILR & Separation

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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unfair
Junior Member
Posts: 58
Joined: Sat Apr 04, 2009 3:37 pm

SET(M) ILR & Separation

Post by unfair » Sat May 26, 2012 3:29 pm

I received my ILR (SET M) in February 2012. My wife and I are now separated (not legally). She has since expressed her intentions to commence divorce proceedings although no concrete actions have yet been taken. We have a child together.
My question is: can I still apply for citizenship since we are still technically married?

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Casa
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Posts: 25774
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Post by Casa » Sat May 26, 2012 4:43 pm

Yes. For a BC application the Home Office still consider you to be married, even if legally separated.
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Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Sat May 26, 2012 10:38 pm

Assuming you have completed 3 years of residence, you can apply now. Otherwise apply when you complete 3 years of residence. You would still need your wife's cooperation as you will need her documents (British passport or birth certificate) in order to apply. If you get divorced before you apply, then you can apply on your own merit after 5 years of residence.
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