Naturalization as british spouse - without hubby's passport

[vms]

Hi,

I need advice regarding applying for Naturalization as British Citizen.

I came to UK in Dec 2008 as dependent of my huband who had Tier 1 Visa that time.
I went back to India in Nov 2011 while my visa was valid and came back in Feb 2013, so it is 15 months of continuous gap. From Feb 2013, I am continuously living in UK and I got my ILR in Feb 2015. My husband and my son already got their british passports in 2015.
Now I am eligible to apply for naturalization as spouse of british citizen with 3 years of continuous stay in UK.

But my husband left me and my son 4 months ago and I dont even know where he is living. But we are not legally separated/divorced yet.

My quesions are:
1. Will I be able to apply for naturalization myself as spouse of british citizen without having my husband's documents/signature as I am having my ILR from past 1 year and am working as software engineer? I just have his passport xerox copy with me and his name is mentioned as spouse in my current Indian passport.
2. To apply as an individual based on 5 years stay, I am staying in UK continuously from past 3 years only and before that I had continuous gap of 15 months and prior to that I stayed for around 2 years continuously. So will I be eligible to apply or not?

Please let me know if I can apply for naturalization now in any category without my husband's consent/documents. Also I do not want to wait for 2 more years to cover my 15 months gap in the past.

Thanks and Regards,
Vms

[CR001]

1. Why can't you apply with his original passport or with his naturalisation certificate? Why do you think you need his consent to apply? Is he refusing to give you his passport to apply for citizenship? If so, why? You can apply at NCS and they copy the documents and give you all the originals back.

2. For applications based on 5 years residence, you cannot have absence of more than 450 days in the whole 5 years prior to date of application and you must have been physically present at the start of the 5 years qualifying period (or 3 year period which ever way you choose to apply). Likely that you fail on absence with the length you were away.

[noajthan]

Hi,

I need advice regarding applying for Naturalization as British Citizen.

...

My quesions are:
1. Will I be able to apply for naturalization myself as spouse of british citizen without having my husband's documents/signature as I am having my ILR from past 1 year and am working as software engineer? I just have his passport xerox copy with me and his name is mentioned as spouse in my current Indian passport.
2. To apply as an individual based on 5 years stay, I am staying in UK continuously from past 3 years only and before that I had continuous gap of 15 months and prior to that I stayed for around 2 years continuously. So will I be eligible to apply or not?

Please let me know if I can apply for naturalization now in any category without my husband's consent/documents. Also I do not want to wait for 2 more years to cover my 15 months gap in the past.

Thanks and Regards,
Vms

1) Full copy may be adequate.

You will need to submit...

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

Ref: https://www.gov.uk/government/uploads/s ... hanges.pdf
- page 16

2) 15 months absence is around 450 days.

See guide & in particular section 5 covering permissible absences:
https://www.gov.uk/government/uploads/s ... r_2015.pdf

As you can see there is a degree of discretion that may be applied over & above the 450-days/5-years rule.

Go girl.
- good luck.

[vms]

Hi,

Thanks for your response. As I mentioned earlier, my husband abandoned me and my child 4 months ago and he took all his documents with him. So I do not have his original passport/naturalisation certificate copy with me. I just have a xerox copy of his british passport but dont have any copy of naturalisation certificate. Obviously my husband would not give me any of his documents as he just wants to trouble me. So I am looking for any option of applying for naturalisation myself by just having his passport copy and his full name being mentioned in my Indian passport as my spouse. Also, what is NCS as you mentioned?

Please let me know if you know any way of getting my naturalization now.

Thanks,
Madhuri

[noajthan]

You can apply in own right

Be aware you will need proof you were physically present in UK 5 years before the date of your application.

So in your case looks like you would need to apply before November 2016.

In this country and culture you do not need hubby's permission/consent.

Best of luck.

[vms]

Hi noajthan,

Thanks for your response.

I only have the xerox copy of my husband's British passport first and second pages with photo and other important details like passport number etc but not any other blank pages. Will that be sufficient to apply for naturalization, and may be by explaining my current situation of my husband abandoning me and my son in the cover letter? I have the original marriage certificate.

Here, what I mean by my husband's consent is, he is not willing to give me any of his documents like passport etc. Also, I would need to wait another 2 years from now to apply for naturalisation to avoid that 15 months gap time as Icame back to UK again in 2013 Feb.

Please advice.

Thanks,
vms

[noajthan]

Hi noajthan,

Thanks for your response.

I only have the xerox copy of my husband's British passport first and second pages with photo and other important details like passport number etc but not any other blank pages. Will that be sufficient to apply for naturalization, and may be by explaining my current situation of my husband abandoning me and my son in the cover letter? I have the original marriage certificate.

Here, what I mean by my husband's consent is, he is not willing to give me any of his documents like passport etc. Also, I would need to wait another 2 years from now to apply for naturalisation to avoid that 15 months gap time as Icame back to UK again in 2013 Feb.

Please advice.

Thanks,
vms

Understood.

Follow your option 2 above.
You don't need the guy's passport.

Check the document I linked in my first response (above), do the maths for your absences: I think you just make the requirements.
(Also 15 months away has not killed your ILR).

And, as just explained (in my 2nd response, above) apply before November.

All will be well.

[vms]

Hi noajthan ,

I just did rough estimate of my absences in total. I entered UK first time on 29th Dec 2008 and it means I am resident in UK for 7 years and 2 months. So I have 720 days of gap in total of 7+ years stay but only been outside UK for 28 days in last 12 months. So, I should be able to apply as 5 year stay without bothering about my husband's documents right? Its giving me some positive hope now.

Thanks,
vms

[vms]

Hi noajthan,

I did not understand why I must apply before November 2016. Of course, I would apply asap now, but want to know why that deadline.
Also can you please direct me to a link where I can get the list of documents required to apply under this 7 year long stay category and application form etc.

Many thanks for help.

Regards,
vms

[noajthan]

Hi noajthan ,

I just did rough estimate of my absences in total. I entered UK first time on 29th Dec 2008 and it means I am resident in UK for 7 years and 2 months. So I have 720 days of gap in total of 7+ years stay but only been outside UK for 28 days in last 12 months. So, I should be able to apply as 5 year stay without bothering about my husband's documents right? Its giving me some positive hope now.

Thanks,
vms

Yes, I think you qualify.
Check 5 years figures too.

Hopefully you already meet/can meet all other requirements (eg LITUK, English & etc).

Remember: A key requirement is you have to have been physically present in UK 5 years (to the day) before you apply - so, based on your stated timeline, apply before November 2016

[noajthan]

Hi noajthan,

I did not understand why I must apply before November 2016. Of course, I would apply asap now, but want to know why that deadline.
Also can you please direct me to a link where I can get the list of documents required to apply under this 7 year long stay category and application form etc.

Many thanks for help.

Regards,
vms

See post above about presence in UK.

Form & guides here: https://www.gov.uk/government/publicati ... en-form-an

[vms]

Hi noajthan,

1. Yes I have degree taught in English, Life in the UK certificate and also I am in permanent job in UK with very good income. My son is living with me and he also has british passport. But I dont have own house here, so is it still ok to prove that I have established substantial amount of my estate in UK? What exactly they mean by that in page 8 of the document you have sent?

2. I wouldn't qualify for 5 year stay route normally as I have total of 680 days gap in the last 5 years. But if they consider past 7 years, I am out of UK only for 720 days which is in line with the 730 days of absence days that can be disregarded.

3. Remember: A key requirement is you have to have been physically present in UK 5 years (to the day) before you apply - so, based on your stated timeline, apply before November 2016

By this you mean I should be physically present in UK on the day exactly 5 years before to the date of application even though I stayed in UK for past 7 years?
My major absence dates are:
6th March 2011 - July 17th 2011
17th Nov 2011 - 22nd Feb 2013
Based on this, I should apply now before 5th March 2016 or any day between 17th July 2016-16th Nov 2016 right?

Thanks,
vms


Please advice.

[noajthan]

Hi noajthan,

1. Yes I have degree taught in English, Life in the UK certificate and also I am in permanent job in UK with very good income. My son is living with me and he also has british passport. But I dont have own house here, so is it still ok to prove that I have established substantial amount of my estate in UK? What exactly they mean by that in page 8 of the document you have sent?

2. I wouldn't qualify for 5 year stay route normally as I have total of 680 days gap in the last 5 years. But if they consider past 7 years, I am out of UK only for 720 days which is in line with the 730 days of absence days that can be disregarded.

3. Remember: A key requirement is you have to have been physically present in UK 5 years (to the day) before you apply - so, based on your stated timeline, apply before November 2016

...

Thanks,
vms


Please advice.

1) Yes, estate means house, any business or other assets.

I imagine a British son also demonstrates a substantial tie & commitment to this country.

2) Sounds ok then.

3) It's 5 years for a non-spouse application. There is no discretion on that.

Yes, your conclusion seems correct based on those stated dates.

[ILRapplication80]

So for example you apply tomorrow i.e. 09/02/2016 - it is a requirement that you have to be physically present in UK 5 years prior to this date - i.e. 09/02/2011

[vms]

Thanks a lot noajthan.
Your info helped me a lot.
I would get my documentation ready and try to apply before end of this month.

Regards,
vms

[noajthan]

Thanks a lot noajthan.
Your info helped me a lot.
I would get my documentation ready and try to apply before end of this month.

Regards,
vms

As suggested above by CR001 - it is recommended to apply via the NCS (checking service at your local council - see your council website).

This service adds another layer of sanity-checking for a reasonable fee (around £50);
they will check application for obvious gotchas, copy all official documents & submit the application for you.

fyi - date of NCS appointment is official date of application.
You keep all your original documents (useful in case of need to travel).

[zahmed05]

6th March 2011 - July 17th 2011
17th Nov 2011 - 22nd Feb 2013

Am I missing something here. OP has more than 600 days absences in last 5 years if she applies this month.

How does she meets residence requirements here?

[noajthan]

6th March 2011 - July 17th 2011
17th Nov 2011 - 22nd Feb 2013

Am I missing something here. OP has more than 600 days absences in last 5 years if she applies this month.

How does she meets residence requirements here?

There is discretion possible (not guaranteed!) with different allowances for different periods of residence;
eg for up to 7 or 8 years of residence.

[vms]

@noajthan,

Sure, I will go through NCS for my application.

-Regards

[vms]

Hi noajthan,

Btw, is the allowance of upto 730 days absence in last 7 years not guaranteed and only discretionary??

Regards,
vms

[noajthan]

Hi noajthan,

Btw, is the allowance of upto 730 days absence in last 7 years not guaranteed and only discretionary??

Regards,
vms

Yes, at discretion. As per the guidance.

So suggest you include a suitable and cogent cover letter explaining your circumstances.

[vms]

Oops, no appointments available before 7th March 2016 with NCS and I have to apply for my naturalization before 5th March itself. So I may have to skip NCS and apply myself if I dont get any prior appointments

Also, in my cover letter is it ok for me to say that my british husband left me and hence I cant apply like his spouse with 3 year continuous stay and hence chose to go ahead with 5 year stay route? Will it be any negative on my application though the marriage is still existing?

[noajthan]

Oops, no appointments available before 7th March 2016 with NCS and I have to apply for my naturalization before 5th March itself. So I may have to skip NCS and apply myself if I dont get any prior appointments

Also, in my cover letter is it ok for me to say that my british husband left me and hence I cant apply like his spouse with 3 year continuous stay and hence chose to go ahead with 5 year stay route? Will it be any negative on my application though the marriage is still existing?

You do not have to use your immediately local council.
Try another council.

In the supporting letter suggest main focus to be on your ties & commitment to life in UK. Your son & your career.

You have to convince the caseworker to use discretion on the absences so see how you can address the conditions of that discretion (property/estate etc etc).

You could mention the separation and any justifiable reasons for the prolonged absence in passing - but don't go overboard into personal detail.

Stress the absence was several years ago (as it was).
If it was a one-off absence for some specific reason (eg family illness or ??) then say so.
Again don't go overboard.
(Caseworkers needs facts & reasons not emotion).

Show your life has been in UK since then & your ambitions/career/son all dictate that will remain the case.

[noajthan]

A Plan B...

If all else fails there is a possible Plan B.

1) Obtain official copy of spouse naturalisation certificate.
See https://www.gov.uk/government/publicati ... te-form-nc

Note: It's not clear if a partner/spouse can apply for this - the form does not say they cannot.

2) Obtain official copy of marriage certificate (if you don't have one)

3) Apply for citizenship under s 6(2) of BNA, on basis of spouse of BC;

3 year residency rules will now apply; (270 days absence over 3 years; 90 days in final 12 months)

In the circumstances its still probably preferable to apply in your own right - under s 6(1) of BNA.

[vms]

The plan B looks good. But I need to enter the "Date of registration or naturalisation:" in one of the questions in this form which I don't know. Also, I may also need to carry my husbands original british passport along with this naturalisation certificate right which I don't have. So it may not work for me.