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Immigration - Few questions

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HarryC
Member
Posts: 201
Joined: Tue Jul 01, 2014 8:41 am
United Kingdom

Immigration - Few questions

Post by HarryC » Tue May 19, 2015 11:23 am

Hello Guys
I really need your guidance as I am confused like many others and seeking the right advice.

I arrived in UK from outside EU in 2009. Got married and got ILR in 2012 back of spouse visa. Unfortunately now going through divorce after 4 years of marriage.

Question a) My first question is do i need to inform UKBA of my divorce? I believe the answer is no but just wanted to confirm

I was planning to apply for naturalization in next few days BUT my personal circumstances have changed (which i will explain later).
I was applying for naturalization on a 5 years residency terms even though i am still in the middle of divorce but i do know that i still need to provide my previous marriage details. Happy to include my ex spouse to be copy of passport and copy of marriage certificate but will specifically suggest to apply on 5 years residency basis.

Question b) Will the above be OK?

My personal circumstances: I was separated over a year ago and I am now seeing someone else and plan to re-marry outside UK in Sept/Oct 2015 (obviously after i have received decree absolute here). If i apply for naturalization, i obviously will need to submit my current passport and ILR with my application. Once i receive my naturalization, i will then be applying for British passport. Now, I am not sure if all this process will be completed by Sept (when i require to travel abroad to re-marry). My questions are:-

1) I hope i am ok to re-marry abroad if i have received decree absolute of my previous marriage. Stupid question i know
2) Is it true that if i use NCS when applying for naturalization, they will return me my original passport and ILR on the spot and they will submit a copy of my passport and Residence permit card with my application?
2) If, due to time constraint, i am unable to apply for British Passport by September 2015 OR my application for naturalization isnt completed by September 2015, can i still travel with my old passport and Biometric Residence permit card, re-marry and apply for spouse visa for my new spouse outside UK (based on my current settlement status) and then come back to UK and either wait for my naturalization process (if it hasnt been completed) or attend the ceremony (if my application was processed before i travelled) and then apply for British passport?
. Is there a time limit within which i have to attend a ceremony? For ex- if i apply in May 24th for my naturalization and approval is received in JAug 2015 to attend the ceremony, can i wait till i come back from sept? Since once i attend the ceremony, i will be British and i will have no time left to apply for british passport etc and as i will be travelling in Sept, not sure my old country will let me travel with my passport as they dont have dual residency?

thanking you in advance for help with this and will wait for your guidance?
harry
Settlement visa
VFS centre: New Delhi
Application submitted: 09-09-2015
Biometrics done: 09-09-2015
Application received in Delhi: 09-09-2015
Status: In Progress

Rayking
Senior Member
Posts: 694
Joined: Tue Dec 03, 2013 2:58 pm

Re: Immigration - Few questions

Post by Rayking » Tue May 19, 2015 11:47 am

If you've got ILR, you don't have to inform anyone if your marriage breaks down. you can marry anyone if you choose.
yes, your passport will be returned to you but if UKBA decides to see your passport, you'll have to provide it, rare but they can.

HarryC
Member
Posts: 201
Joined: Tue Jul 01, 2014 8:41 am
United Kingdom

Re: Immigration - Few questions

Post by HarryC » Tue May 19, 2015 11:50 am

Rayking wrote:If you've got ILR, you don't have to inform anyone if your marriage breaks down. you can marry anyone if you choose.
yes, your passport will be returned to you but if UKBA decides to see your passport, you'll have to provide it, rare but they can.

Thank you so much for your reply.
Can i travel with my old passport and ILR and re-marry in sept and apply for spouse visa of my new spouse back if i have my ILR? do i need to inform them that my naturalization application is in process in UK?
harry
Settlement visa
VFS centre: New Delhi
Application submitted: 09-09-2015
Biometrics done: 09-09-2015
Application received in Delhi: 09-09-2015
Status: In Progress

HarryC
Member
Posts: 201
Joined: Tue Jul 01, 2014 8:41 am
United Kingdom

Re: Immigration - Few questions

Post by HarryC » Tue May 19, 2015 1:24 pm

Please can anyone reply to my last question?
harry
Settlement visa
VFS centre: New Delhi
Application submitted: 09-09-2015
Biometrics done: 09-09-2015
Application received in Delhi: 09-09-2015
Status: In Progress

secret.simon
Moderator
Posts: 11112
Joined: Thu Feb 21, 2013 9:29 pm

Re: Immigration - Few questions

Post by secret.simon » Tue May 19, 2015 3:07 pm

You can travel on your old passport and ILR while your naturalisation is under consideration, assuming you have gone through NCS.

Non EEA spouses of British citizens and ILR holders both apply for the "dependant of a settled person" visa. So whether you are ILR holder or British citizen will not make a difference to your new spouse's initial visa.

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