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Waiting period for naturalisation after divorce

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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little_brain
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Posts: 33
Joined: Fri Jan 03, 2014 5:15 pm

Waiting period for naturalisation after divorce

Post by little_brain » Fri Jan 03, 2014 5:41 pm

Hi, I have tried searching for an answer on this forum and I have come across similar questions but got different answers so I am posting it. If its be answered already then I apologize in advance and request the answer link.

I have been living in the UK legally for 9 years and 4 months to date (since 2004). I married a British woman in January 2009 and got my spouse visa the same year in June. I got my ILR in July 2011 but unfortunately my wife instigated divorce and proceedings started in Feb 2012 and eventually got decree absolute in December 2012.

Now from what I know from UKBA, I could have applied for Naturalisation one year after my ILR if I was still married but since I am divorced now, unfortunately, UKBA states that I have to wait 3 years after ILR before I can go ahead with my Naturalisation application but they obviously haven't taken into account the fact that I was in this country legally before my marriage. My question is, am I eligible to apply or will I have to wait for a full 3 years after my ILR (3 years would be complete in July 2014).

I don't want to get caught in the application fees hike that UKBA normally introduces in April.

Many thanks.

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CR001
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Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: Waiting period for naturalisation after divorce

Post by CR001 » Fri Jan 03, 2014 6:18 pm

If you meet the standard requirements of 5 years legal residence which includies 1 year free of immigration and don't have excessive absences, you can apply for naturalisation now. You are not relying on your spouse for citizenship so there is no need to wait.

FAQs in the link below :

http://www.immigrationboards.com/viewto ... 42&t=95747
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

little_brain
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Posts: 33
Joined: Fri Jan 03, 2014 5:15 pm

Re: Waiting period for naturalisation after divorce

Post by little_brain » Fri Jan 03, 2014 8:17 pm

Thanks a bunch :) I appreciate quick reply.

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