Naturalisation query for a divorcee, PLEASE ADVISE !

[huqqapani]

My friend got divorced recently. She came in UK in December 2009 as a spouse of BC, got ILR in June 2012 and got divorced recently. She has been told by few solicitors that she can now apply for BC, however standard BC requirements indicate that you have got to be in UK for 5 years before time of BC application.

Secondly, when she applied for ILR at a PEO, UKBA never returned some documents which she submitted, one of which was LIUK. Does she need to pass the test again? or can she just declare that she has passed without sending the LIUK certificate?

An urgent response from GURUS or experts will be greatly appreciated as my friend just went through divorce and lost custody battle also for her only kid and hence she is extremely depressed. As such i would like to do something for her (in form of helping with her immigration matters) so that she can concentrate on getting her life back up.

Many thanks in advance.

[Just Wondering]

She will need to explain that she has done LIUK for the purposes of settlement, but that PEO did not return the documents to her, and request that the case officer look up the details on their systems. Honestly, it is a bit odd that if she had a same day appointment, they didn't give all the documents back, but stranger things have happened!

She will need to satisfy the English language requirement.

Someone else can chime in about if she's eligible to apply as a spouse of a BC. In any event, she'd be eligible under 5 year residency in December.

[CR001]

If the decree absolute has been issued, then your friend is no longer a spouse of a British citizen and will only qualify in her own right based on 5 years residence and can therefore only apply in December 2014.

Read teh FAQs in the link below for the standard requirements :

http://www.immigrationboards.com/britis ... 95747.html

[huqqapani]

Thank you both for responding.

I have confirmed with her, she has not been divorced although they live separate. Can she still apply now or she has to wait till December 2014?

Regards LIUK certificate, i was thinking whether its worth requesting SAR file as they might have a copy of her LIUK certificate in file. I requested my SAR file when i applied for my ILR and was surprised to see that they had copy of all my 10 years worth of Visa applications with relevant supporting documents. So, is it worth getting that file just for the sake of LIUK cert. or shall we just declare that she has passed the test as suggested in first reply.

Please come back as soon as possible.

[CR001]

she can apply now as spouse of bc but she will need his passport or birth certificate to submit with her application.

she can tick that she me liuk for ilr, they will have a record of her test.

she needs to meet the english level b1 test requirement

[Just Wondering]

As CR001 confirmed, she can just tell them she passed it, no longer has it and to request they look it up on their system. As you know, they have a copy of this on file - as you saw with your own file. I assume they ask for the original to be submitted again so the complete application is in front of them so they don't have to call up the file.

[huqqapani]

Thank you CR0001 and JustWondering

Does she need to submit the original passport/birth certificate or a copy. As I mentioned above they are separated so not sure if husband will oblige with the request of giving her the passport.

Also which form does she need to fill ?

Thanks in advance

[CR001]

she uses form AN and all the datails are on there. click on the FaQs i provided earlier but i think the documents need to be original. if husband is british born,she can applyfor his birth certificate on the gro.gov website.

to be honest, it might be easier and less hassle if she applies in december 2014 and applies on the basis of 5 years residence in her own right.

[huqqapani]

thanks CR001

I think too that she is better off applying in December 2014. However i am told that from March/April 2014 the LIUK test will be upgraded to 4th edition, does that mean if she applies in December 2014 she will need another LIUK test or the one she used for her ILR application in June 2012.

[CR001]

no, the liuk does not expire so she can use the one she has done.

[huqqapani]

thanks again CR001

can you or someone please also confirm whether the LIUK test questions are going to be update (i.e 4th edition). i have heard this however cant find this news anywhere online ???

[huqqapani]

respected members,

if she submits the naturalization application without the LIUK certificate (As it wasn't returned by PEO officer on her ILR application same day appointment) can the application be refused for incomplete documents ?

[CR001]

she can tick the relevant part of the form to say that she met the requirement for ILR and can also provide any additional information towards the end of the form.

The UKBA will have a copy/record of her LIUK test certificate.