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British Citizenship after seperation

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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iamssh
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British Citizenship after seperation

Post by iamssh » Tue Jun 01, 2010 12:54 pm

Hi fellow members,

I would like to have a information regarding my naturalisation. I currently hold ILR in the United Kingdom which was issued to me in March 2009. I came to this country as a spouse of british citizen in March 2007 hold ILR for the past 1 1/2. Unfortunatly me and wife are no longer together since last couple of month so my current martial status is "seperated" although we have not filled any documents for seperation. Am i elgible for applying for naturalisation at the moment as i have been in this country for the past 3 1/2 years (appx) and hold IRL for the past 1 1/2 year (appx).

I would really appriciate a detailed reply.

Regards.

mrlookforward
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Post by mrlookforward » Tue Jun 01, 2010 1:23 pm

Your separation will have no effect on your naturalisation. You can now apply for naturalsation if you want. Spouses of British citizen qualify after 3 years, hence you are qualified.

If you choose not to apply now, and you get divorced before applying for naturalisation, then you will qualify for citizenship 5 years after your first entry. That means you will be able to apply for citizenship on your own right in March 2012.

I suggest you read the application from and guidance properly, then if you have any doubts, you can ask on the forum.

krimith
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Post by krimith » Tue Jun 01, 2010 1:37 pm

mrlookforward wrote:Your separation will have no effect on your naturalisation. You can now apply for naturalsation if you want. Spouses of British citizen qualify after 3 years, hence you are qualified.

If you choose not to apply now, and you get divorced before applying for naturalisation, then you will qualify for citizenship 5 years after your first entry. That means you will be able to apply for citizenship on your own right in March 2012.

I suggest you read the application from and guidance properly, then if you have any doubts, you can ask on the forum.
mrlookforward is right but one more thing if you want to apply now so your partner must agreed to apply naturalisation application and give all documents as you spouse so no problem but your partner refuse to give document as spouse so you have to wait 5yrs

geriatrix
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Post by geriatrix » Tue Jun 01, 2010 1:42 pm

Documents required for applications made on the basis of marriage or civil partnership to a British citizen wrote: You should provide:
your partner's passport or birth certificate; and
your marriage or civil partnership certificate.
As mentioned above (by krimith), you'll need the above mentioned documents to support your naturalisation application as spouse of a British Citizen.

Else, you'll need to meet the standard residential requirements for naturalisation i.e.- 5 years.


regards

djb123
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Post by djb123 » Tue Jun 01, 2010 1:42 pm

krimith wrote:
mrlookforward wrote:Your separation will have no effect on your naturalisation. You can now apply for naturalsation if you want. Spouses of British citizen qualify after 3 years, hence you are qualified.

If you choose not to apply now, and you get divorced before applying for naturalisation, then you will qualify for citizenship 5 years after your first entry. That means you will be able to apply for citizenship on your own right in March 2012.

I suggest you read the application from and guidance properly, then if you have any doubts, you can ask on the forum.
mrlookforward is right but one more thing if you want to apply now so your partner must agreed to apply naturalisation application and give all documents as you spouse so no problem but your partner refuse to give document as spouse so you have to wait 5yrs
I don't think that's actually correct as it's possible to obtain a copy of someone's else birth certificate without their permission. (You can also get another copy of your marriage certificate if you need as well).

iamssh
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Post by iamssh » Tue Jun 01, 2010 1:43 pm

Now i think this is the issue. She wont provide me any documents at all. So do i have to wait for 5 years then? i.e. 2012

geriatrix
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Post by geriatrix » Tue Jun 01, 2010 1:46 pm

iamssh wrote:Now i think this is the issue. She wont provide me any documents at all. So do i have to wait for 5 years then? i.e. 2012
If the listed documents cannot be provided, then you'll need to wait until 2012.


regards

JAJ
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Post by JAJ » Tue Jun 01, 2010 2:28 pm

sushdmehta wrote:If the listed documents cannot be provided, then you'll need to wait until 2012.
The listed documents are probably on file at the Home Office already, if the spouse immigration process was used. Also, you can get birth and marriage certificates independently.

iamssh
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Post by iamssh » Tue Jun 01, 2010 2:32 pm

If i can get both of those documents and apply for it. Will they accept it? because my wife has nothing to do with me right now so she wont do even a bit to help me.

krimith
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Post by krimith » Tue Jun 01, 2010 2:33 pm

JAJ wrote:
sushdmehta wrote:If the listed documents cannot be provided, then you'll need to wait until 2012.
The listed documents are probably on file at the Home Office already, if the spouse immigration process was used. Also, you can get birth and marriage certificates independently.
but still she have to agree he apply BC bec if she not happy she inform to UKBA so they must refuse his application and after 2yrs also they know and spoiled his matter so better he wait until 2012 some case i know if partner not happy to apply he/she inform to UKBA and they refuse it

Wanderer
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Post by Wanderer » Tue Jun 01, 2010 2:37 pm

djb123 wrote: I don't think that's actually correct as it's possible to obtain a copy of someone's else birth certificate without their permission. (You can also get another copy of your marriage certificate if you need as well).
Not true - I got all my family tree ones!
An chéad stad eile Stáisiún Uí Chonghaile....

geriatrix
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Post by geriatrix » Tue Jun 01, 2010 5:00 pm

JAJ wrote:
sushdmehta wrote:If the listed documents cannot be provided, then you'll need to wait until 2012.
The listed documents are probably on file at the Home Office already, if the spouse immigration process was used. Also, you can get birth and marriage certificates independently.
1. If the form / guidance states that one has to provide these documents at the time of application, I would tend to believe that the application may not be accepted (and processed / approved) on the excuse that "UKBA already has the documents, hence I refuse to provide them now".

2. As I personally do not know for sure whether these documents can be sourced without permission of the individual concerned, all I have stated in my responses is the need for the listed documents at the time of application - without any reference to where these may be sourced from (spouse / issuing authority / third party?).

regards

mrlookforward
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Post by mrlookforward » Tue Jun 01, 2010 5:30 pm

krimith wrote:
JAJ wrote:
sushdmehta wrote:If the listed documents cannot be provided, then you'll need to wait until 2012.
The listed documents are probably on file at the Home Office already, if the spouse immigration process was used. Also, you can get birth and marriage certificates independently.
but still she have to agree he apply BC bec if she not happy she inform to UKBA so they must refuse his application and after 2yrs also they know and spoiled his matter so better he wait until 2012 some case i know if partner not happy to apply he/she inform to UKBA and they refuse it
No, she doesnt have to agree or know anything abt it all. There is no requirement for her to agree or disagree. Her agreement or disagreement is totally irrelevant. The only requirement is, if the applicant is married to a British citizen, and the answer is YES. There is no requirement for the applicant to be living with his wife. Its totally legal for the OP to apply for naturalisation without the knowledge of his wife. He is not required at all to provide her consent.

mrlookforward
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Post by mrlookforward » Tue Jun 01, 2010 5:37 pm

sushdmehta wrote:
JAJ wrote:
sushdmehta wrote:If the listed documents cannot be provided, then you'll need to wait until 2012.
The listed documents are probably on file at the Home Office already, if the spouse immigration process was used. Also, you can get birth and marriage certificates independently.
1. If the form / guidance states that one has to provide these documents at the time of application, I would tend to believe that the application may not be accepted (and processed / approved) on the excuse that "UKBA already has the documents, hence I refuse to provide them now".

2. As I personally do not know for sure whether these documents can be sourced without permission of the individual concerned, all I have stated in my responses is the need for the listed documents at the time of application - without any reference to where these may be sourced from (spouse / issuing authority / third party?).

regards
Yes, they are public record and anyone can have them. eg If OP tell me his marriage details in, I can obtain his certificate and it will be totally legal.

krimith
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Post by krimith » Tue Jun 01, 2010 6:25 pm

mrlookforward wrote:
sushdmehta wrote:
JAJ wrote:
sushdmehta wrote:If the listed documents cannot be provided, then you'll need to wait until 2012.
The listed documents are probably on file at the Home Office already, if the spouse immigration process was used. Also, you can get birth and marriage certificates independently.
1. If the form / guidance states that one has to provide these documents at the time of application, I would tend to believe that the application may not be accepted (and processed / approved) on the excuse that "UKBA already has the documents, hence I refuse to provide them now".

2. As I personally do not know for sure whether these documents can be sourced without permission of the individual concerned, all I have stated in my responses is the need for the listed documents at the time of application - without any reference to where these may be sourced from (spouse / issuing authority / third party?).

regards
Yes, they are public record and anyone can have them. eg If OP tell me his marriage details in, I can obtain his certificate and it will be totally legal.
But still BC application processing time between if she know from anywhere or sometime UKBA asking her(now days they phoe to partner) if any doubt and she told no now we are seprate and very soon i give him divorce so must be problem and they put record for him deception bec he knows and did application

mrlookforward
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Post by mrlookforward » Tue Jun 01, 2010 6:39 pm

Nope, totally wrong. It just doesnt matter. As long as the applicant is married to a British citizen, he can make an application. There is no such requirement of living together with your wife. Even if applicants wife has separated from the applicant and the wife now lives in Antartica Even if she writes a letter to UKBA that she is separated from her husband and now she doesnt even live in UK. Its not mentioned anywhere in BNA 1981 and not in any of the UKBA guidelines, and I personally know a turkish guy who successfully got BC when he was separated from his wife. UKBA has to follow rules, they cant just change things as they go along.
Anyway, I am kinda sick of explaining it further.

mrlookforward
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Post by mrlookforward » Wed Jun 02, 2010 12:19 am

For spouses docs the ukba asks for:

* your partner's passport or birth certificate; and
* your marriage or civil partnership certificate.

JAJ
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Post by JAJ » Thu Jun 03, 2010 4:18 am

Forms and guidance are not the law!

For spouse naturalisation, the British Nationality Act only requires that the applicant be married to a British citizen on the date of application (plus the spouse residential, etc, requirements).

The Act does not mandate, nor does it allow the Home Office to mandate, what specific form of evidence must be supplied.[/b]

mrlookforward
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Post by mrlookforward » Mon Jul 25, 2011 8:16 pm

krimith wrote:
JAJ wrote:
sushdmehta wrote:If the listed documents cannot be provided, then you'll need to wait until 2012.
The listed documents are probably on file at the Home Office already, if the spouse immigration process was used. Also, you can get birth and marriage certificates independently.
but still she have to agree he apply BC bec if she not happy she inform to UKBA so they must refuse his application and after 2yrs also they know and spoiled his matter so better he wait until 2012 some case i know if partner not happy to apply he/she inform to UKBA and they refuse it
Don't mislead people and don't try to sound like you really know when you don't. There is no requirement for his wife to agree to anything. The only requirement is that he is "married" to a British citizen which he is. He can easily obtain copy of Birth certificate of his wife and send it instead of her passport.

geriatrix
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Post by geriatrix » Fri Oct 28, 2011 11:23 pm

iamssh wrote:Can someone please point to exact direction please. If he cant provide the marriage/divorce documents then where to mention it on the application? & how to proceed?
Life isn't fair, but you can be!

geriatrix
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Post by geriatrix » Fri Oct 28, 2011 11:57 pm

If you read for AN you'll note page 13. Perhaps 6.6 and 6.7 too, if applicable.
Life isn't fair, but you can be!

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