New Rules and impact on those currently with ILR

[agileflower]

I had started this thread elsewhere and it was suggested that I make a new thread of it so it wouldn't get lost.

Recap: I have ILR and want citizenship. A few weeks ago the 'magic day' passed - but I am in the process of a divorce. On the form you can check 'legally separated' but the definition is a bit vague.

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Legally separated

Living apart from a husband, wife or civil partner without divorcing or legally ending the partnership. No formal legal document is necessary to prove legal separation provided the couple are not living together. A couple can be separated but still live under the same roof if they arrange the household so that they no longer sleep or eat together, and do not do domestic chores, such as washing or ironing, for each other.

I am not divorced (waiting on final filing) but have gone through the first phase - decree nisi - but this definition uses the VERB form of divorcing and technically I am doing that.

If I missed something and there is indeed a path to citizenship for those like me (who will be non-spouses, non asylum seekers, non HSMPs) - I am not nearly so fussed. But it seems they didn't consider this category whatsoever - and at the same time they are doing away with a lot of the ability for people to use discretion in making applications.

I had thought of writing a letter putting it all up front and seeing how it went - so I would not ever be at risk of being accused of being unforthright and thereby jeapoardising any future application....but if there is a path for me after the rules change (when I hit the five year mark) I won't risk the 655 pounds now. It's a lot to me as a single mum.

I guess my worry is that there will be no path for citizenship and in the future I want to travel a lot - and I don't want my ILR taken away. I want my son to grow up here, near his father -

Thanks!

[Marco 72]

The naturalisation form guide on BIA's website states

Indicate your marital/civil partnership status by ticking the appropriate box. You are for our purposes married even if you are now legally separated.

So you should apply for naturalisation ASAP before your divorce is finalised. As far as they are concerned you are still legally married until that day.