Naturalisation and divorce

[Dineshdina321]

Hi all,

I have a few question regarding applying naturalisation.

I'm married to a malaysian wife and we are in divorce process in court. Still waiting for the hearing and outcome. The problem I'm facing is I already travel 83 days outside the country in last one year before any further travel I'm thinking to apply naturalisation.

1. Can I apply naturalisation now or it is better to wait? If I wait I have to wait for another year as I will be crossing 90 days on 1 year.
2. If I apply the question on marriage section I know I have say yes but do I have to get a declaration signature from wife ( because it is not possible since I don't have communication).
3. Can I apply on my own even if I say yes and no get signature off. Since I'm on 10 years route + 1 year ilr.
4. What is the best option? Since she stayed her in dependent visa on my tier 1 entrepreneur visa?

Regards,
Dineshdina.

[alterhase58]

1. Can I apply naturalisation now or it is better to wait? If I wait I have to wait for another year as I will be crossing 90 days on 1 year.

What is your total absences for the past 5 years? Clearly if the past 12 months is an issue then it might be worth applying now. As you are already on ILR for 1+ year you can apply now on the "5 years residency" path

2. If I apply the question on marriage section I know I have say yes but do I have to get a declaration signature from wife ( because it is not possible since I don't have communication).

As stated you can apply now - no spouse signature required.

3. Can I apply on my own even if I say yes and no get signature off. Since I'm on 10 years route + 1 year ilr.

As above.

4. What is the best option? Since she stayed her in dependent visa on my tier 1 entrepreneur visa?

I think there's only one option, apply based on your residency (proof of 5 years required). Not sure about your wife's visa route. Does she hold ILR now?

[Dineshdina321]

Hi alterhase58,

Thanks for your response.

1. I don't have any issue on 5 years route I believe recently that is this year I already away for 83 days If I travel again I can't apply. I believe my total absence I last 5 years should be less then the 380 days if I'm wrong.

2. Regarding the consent form is that okay I mention yes I wife section and don't need to provide consent signature from her.

3. No she don't have ilr she came on dependent on my visa.

4. Won't be problem if I apply and later if they ask consent form.

Regards,
Dineshdina.

[alterhase58]

Re 2) Naturalisation does not require a consent form from spouse or anyone else - you apply as an individual in your own right.
Re 4) There is no consent required.