Citizenship

[thespecialyst]

Hi,
I have a friend, she got married to a British national and got a 2 year old son who is British too. Now they are separating, can she register herslf as British after separation and can her husband stop this in any way ?

Response to this will be highly appreciated.

thanks.

[Glc]

What's the immigration status of your friend?

[thespecialyst]

she got ILR ..

[Glc]

Assuming that she has separated at the time of application, she has to meet the residency requirement of 5 years for single applicants. Please tell her to read through this link. It contains all the information she needs know when applying for naturalisation

http://www.bia.homeoffice.gov.uk/britis ... alisation/

[Casa]

Not quite correct. If she is separated, but not divorced she is still considered as 'married' for immigration purposes and can apply for BC after 3 years of legal residence, not 5.
It appears that her husband may be unwilling to let her submit his passport with her application, but there are alternatives. A copy of his birth certificate for example can be ordered online from the direct Direct.gov and submitted with the marriage certificate. A good legal advisor would be able to guide her through the process.

[thespecialyst]

So her husband cant get her ILR revoked in any way .. with ILR she is independent and can apply at the completion on 5years if he divorce her now ?

[Webcowgirl]

She is no longer a dependent as far as the UK Gov't is concerned. It's posted quite prominently, once you have ILR you have it in your own right. So tough nuts for the husband if he's trying to get her kicked out. If he's delaying the divorce (and UK law requires you be separated for 2 years before divorce), then she'll probably quite nicely qualify for citizenship within the 3 year mark.

[thespecialyst]

thanks all for the clarification ..

[barnaby]

UK law requires you be separated for 2 years before divorce

That's not true. 2 years separation is just one of the possible grounds for divorce: http://www.direct.gov.uk/en/Governmentc ... /DG_193734

[Casa]

One final point. Even if divorce proceedings have begun, for BC qualification, a person is considered to be married until the decree absolute has been issued.