ILR to naturalisation (separated from partner)

[grass12]

Hi everyone

I was granted my ILR a couple of months ago but i found out about my spouse's indiscretions and now we are separated (we don't live together as i've been staying with a friend till i find my own place). I have been in the UK for about 5 years and 5 months and wanted to know if i could apply for the naturalisation on my own? My spouse has no intention of giving me his documents and i don't care for them. Is it possible to apply for the naturalisation on my own or do i have to wait another year while on ILR?

[CR001]

If you apply on your own on the basis of 5 years residence, you will have to wait till you have held ILR for a full 12 months.

[grass12]

Hi Everyone i have been reading around but seems there are lots of conflicting information.

I was previously granted my ILR but me and my spouse are now separated. We decided to wait for 2 years before divorcing. We are not living together and i'm pretty sure If i ask for his passport or BC he would say no in the short term. I have already been here for 5 years so i meet the residency requirement.

Can I still go ahead and apply for naturalisation seeing that we are still married if i could get the marriage certificate and BC? Has anyone had success in this even though they are separated from their spouse and don't live together anymore?

Would there be problems is the HO saw that we are no longer living together yet i'm sending in an application for citizenship? If we can't rescue our relationship we plan on getting the divorce in 2016.

Thanks everyone

[CR001]

Yes, I applied as spouse of BC even though we were and are separated and was approved, no questions asks. But you will need your spouse's British Passport etc.

If you have been resident for 5 years, you can apply on your own based on the 5 year residency

[Amber]

As CR001 states, if your spouse was born in the UK, get a copy of his/her birth certificate from the GRO.

[grass12]

Thanks for replying guys. I doubt he will give me his passport so think i will have to wait. And he also has our marriage certificate and doubt he will give me that too.

Is there any sense in going ahead and applying if i could get the marriage certificate and BC by ordering them online?

[CR001]

Yes, if you order the marriage certificate (if married in the UK) and the birth certificate, you can use them to apply as spouse of BC.

www.gro.gov.uk is the website to order them.

[Just Wondering]

Save the 20 quid and hassle and just apply in your own right as you qualify. It's not quicker/better to apply as a spouse of a BC if you satisfy the longer residential period (i.e. 5 years)

[Amber]

Just Wondering, the OP would also need 12 months ILR for a section 6(1) application.

[grass12]

Save the 20 quid and hassle and just apply in your own right as you qualify. It's not quicker/better to apply as a spouse of a BC if you satisfy the longer residential period (i.e. 5 years)

Just Wondering, the OP would also need 12 months ILR for a section 6(1) application.

I have been here for 5 years already and if i don't go through spouse route i would qualify to apply on my own in January of 2015 however I will still be married then as we plan on getting a divorce in 2016.

Could i still do it on my own even if i am married but separated? What's a section 6(1) application? btw?

I am assuming the AN form is used for both applying on your own or as a spouse? Also i did my KoL in the UK for the ILR can i use the same thing for naturalisation or would i have to take another test?

Thanks guys.

[Just Wondering]

Amber is right. I misread the OP and thought you'd had ILR already for 12 months. I am sorry.

A section 6(1) application refers to an application based on section 6(1) of the British Nationality Act 1981 (i.e. resident in the UK for five years prior to application with 12 months preceding not having any immigration restrictions, sound mind, good character, etc.) A section 6(2) is an application on the basis of being married to a British citizen (and satisfying the relevant requirements).

You can apply for either route so long as you satisfy the relevant requirements. You'd be able to apply in your own right after you've had ILR for 12 months (and if you still meet the other criteria).

The AN form is used for applying under either route.

You do not need to take the KoL in the UK test again. You will need to submit the certificate again for naturalisation so hold onto it. If you're not from an English speaking country (e.g. New Zealand, Eire, Antigua and Barbuda, Bahamas, Belize, Dominica, Grenada, Guyana, Jamaica, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, USA) then you will need to demonstrate the requisite level of English language skill. This can be by providing proof that you undertook your degree in an English speaking country (same as before but excluding Canada) or proving the degree was taught in English (NARIC statement of compatibility) or passing an English language test.

[grass12]

Yes, I applied as spouse of BC even though we were and are separated and was approved, no questions asks. But you will need your spouse's British Passport etc.

If you have been resident for 5 years, you can apply on your own based on the 5 year residency

Hi CR001, how long were u separated from ur partner before you applied?

[CR001]

Just over 1 year when I applied and my approval took about 5/6 weeks.

[grass12]

Ok thanks

i'm concerned as we've separated so soon after the ILR and speaking to friends they said HO may get suspicious. My spouse has also threatened to notify HO to have my ILR revoked if i don't move back in with him. Can he do this? why should i stay with a man who have been texting other people intimately all hours of the night. He's also taken my name off the council tax. Can he do this? Should i just write to the HO and explain to them what happened just incase he tries to be vindictive?

[CR001]

Ok thanks

i'm concerned as we've separated so soon after the ILR and speaking to friends they said HO may get suspicious. My spouse has also threatened to notify HO to have my ILR revoked if i don't move back in with him. Can he do this? why should i stay with a man who have been texting other people intimately all hours of the night. He's also taken my name off the council tax. Can he do this? Should i just write to the HO and explain to them what happened just incase he tries to be vindictive?

My husband and I separated a few months after I got ILR and never had an issue or notified UKBA. We even put two different addresses on the application form for naturalisation and no questions were asked because we were still married.

Your ILR won't be revoked unless deception was used, so no, he cannot have it revoked. Once you have ILR, you are technically free from the 'dependent' status. The requirement for naturalisation as spouse of BC is to be married at the time of application. Separation is not an issue at all as long as you can provide your spouse documents. There is no need to write to UKBA and open a can of worms that is not necessary.

If you are going to have an issued with his passport or birth certificate or marriage certificate to do your application as spouse of BC, then the best would be to wait till you have ILR for 12 months and apply in your own right.

[grass12]

Thanks alot for your advice CR001

[grass12]

Hi CR001. I was looking at the guide AN form. In section 6. They said to provide as evidence, if applying by post, a copy of the passport of your spouse or civil partner or naturalisation/registration certificate. Will the Birth Certificate be sufficient in this case or does the UKBA want a copy of the passport? If that's the case, I will have to wait for a year and apply on my own cuz I now know my partner will not be giving me a copy his passport. Maybe when he gets over his bitterness he will who knows.

[CR001]

The UKBA website says :

Applications on the basis of marriage or civil partnership to a British citizen

You should provide:

your partner's passport or birth certificate; and
your marriage or civil partnership certificate.

http://www.ukba.homeoffice.gov.uk/briti ... documents/

So you should be ok with the birth certificate. I would however, suggest that if you have any doubts, rather wait till your 12 months on ILR is complete and apply on the basis of 5 years residence in your own right.

[grass12]

Thx cr001. Have been worried sick over the past few days. I still feel like I should write to HO to secure myself in case he tries to be vindictive as someone told me they council may inform them that we are separated as my name is off the council tax so I should take upfront just incase they raise red flag. Just feeling absolutely lost atm

[Just Wondering]

Thx cr001. Have been worried sick over the past few days. I still feel like I should write to HO to secure myself in case he tries to be vindictive as someone told me they council may inform them that we are separated as my name is off the council tax so I should take upfront just incase they raise red flag. Just feeling absolutely lost atm

I absolutely agree with CR001.

The council is not going to inform UKBA that you are separated. They wouldn't be aware of your immigration status. Plus, if you have ILR, your residency here is no longer contingent on your marriage to your husband. In this situation, the council will only be concerned about charging the correct amount of council tax.

I also was granted ILR based on being an unmarried partner. We subsequently separated, and I went on to successfully apply for citizenship. There were no questions asked about what happened to my relationship.

[jay212]

Hi all, I need your candid advise please.

I got my ILR and myself and partner are separated. She has filled for divorce as there's no day that will go by without us quarreling. I have relocated to another city and, am in the process of applying for my UK Naturalization. The issue here are:
1. We are technically still married as the divorce is still ongoing. my partner is on ILR too and has the British passport for protected person (through asylum). She was not born in the UK. knowing that she will not give out her passport in support of my application, can I still go ahead to apply for my naturalization as she is not BC yet?
2. I moved in an apartment where a student's name is on the rental agreement, (council tax not paid), will they verify my details from the city council?
3. How can I proof my 5years or more residency in the UK?
These are my issues for now.
Your advise will be highly appreciated.

[milan69]

1. I think until you receive decree absolute you are still considered married by HO.
3. If you have been employed your payslips should prove your residence. You are also required to submit your passport which should prove your residence.
When did you get your ILR?

[Angie15]

Do u need a cover note to notify them of which application ur making? If your applying through the 5years route but still married to a Brit?

[diana1111]

Hi there

I am in the same situation at the moment. My husband will not provide me with his passport however, I have already obtained his birth certificate from the register office. Can I still use it to replace his passport for my naturalisation application?

I obtained my ILR in July 2014 (this year).

All I can see on the guide for the AN application is:

*Your spouse’s or civil partner’s current passport or naturalisation/registration
certificate showing that he/she is a British citizen. If you are making your
application by post you can send a complete and full copy of your spouse’s or civil
partner’s current passport. Every page of the passport must be copied including
any blank pages AND
•The marriage certificate or civil partnership certificate

It doesn't specify whether he birth certificate can be used instead of the passport or not.

Thanks so much in advance for your help.

Regards

[laurasgarden]

I have a question. A very big long question. I was going to apply for citizenship a couple of months ago but on the day that I went in to apply I wasn't in the UK EXACTLY 3 years before on the date of applying. My husband and I got married in America and planned for me to move to the UK after the marriage. I legally entered the the UK in June 2011 then went back home in July for two months to sell my house and sort my affairs returning back to the UK in Oct 2011 where I've been ever since. I just tried to apply for naturalisation on July 3rd 2014 but on July 3rd 2011, although I was officially a temporary resident of the UK I was not PHYSICALLY in the Uk because I went back home to deal with my stuff. My council advisor said I would be refused automatically for this and would lose my application fees automatically as well. She advised to wait until a date when I returned back from the USA from moving my things to the UK....the exact date I was back in the UK EXACTLY 3 years before the application. I've been here for 3 years and 2 months. Yes, it's very confusing. I was totally confused...something that isn't clear in the application instructions (and was told that loads of people lose money for this very minor issue that the Home Office does not make clear). The result for this minor complication is reapply and REPAYING the application fee as the home office has the right to refuse your app on this and have the right to keep your money for that minor mistake (yes, kiss your local council woman).
The bottom line is all my paperwork is done and approved by my local council. In fact they are holding my paper work and offered to send it to the home office on the appropriate date in October when I returned from the States the second time in Oct. 2011.
Since that appointment that appointment this have gone rapidly wrong with my marriage to my English husband due to abuse. As I mentioned before have all the documents ready to go official approved by my local council office from the first time I tried to apply. The council still has my paperwork and will send it on the appropriate date (including approved copies of his passport, witnesses, etc). What I would like to know is even if my husband and I are unofficially separated and not talking but still married can I still apply for citizenship? He is very keen on having the power over me not being able to apply and would love to see me refused and me losing my application money on top of it. But, dang, he already gave me all his paperwork before this all happened. I have it all ready to go and approved so I don't need to get anything from him apart from maybe approval from the home office if they decide to check my relationship status and call him. I'm sure we are not getting divorced right away. We are not living together but I know he's not going to do the work to file for divorce just yet, I know it. What I'd like to know, even though I have all the necessary documents from him could he keep me from proceeding with this if the home office contacts him? Even if we are legally married but not living together...not officially separated? Does he actually have a say at this point? After he already put in approved copies of his passport?
As it stands now if one is married for the 3 years with ILR you are able to apply for citizenship. Those not married have to wait 5 years.
I just want to vote and be a bigger part of society. I may be leaving this relationship gone sour but I'm not leaving this new land that I love.
Please help!