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Married Status - Separated - will they refuse my application?

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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dettawalker
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Married Status - Separated - will they refuse my application?

Post by dettawalker » Fri Oct 18, 2019 10:56 pm

I am planning to apply for British citizenship. I have been in the UK since January 2010. I moved here with my then boyfriend who is a British born citizen. We have two children together born in 2010 and 2015 who are both British citizen and passport holders. We married in February 2015 and have been living together for about 10 years. I have been in continuous employment since 2011 and meet all other requirements. I received my permanent residence card in June this year (2019) and due to the uncertainty with Brexit I am keen to get British Citizenship.

Now, unfortunately my husband and I have separated earlier this year. We are still legally married but are living apart. We have the decree nici and a financial consent order but we have not yet applied (and are not having plans for this any time soon) for a decree absolute that would end our marriage legally.

I only received my permanent residence card in June. If I am not married to a British citizen I would have to wait 12 months before I can apply for British citizenship. If I am married to a British citizen, which I am legally, then I can apply straight away.

As Brexit will happen this month, and there is uncertainty around my ability to retain my German citizenship as a dual citizenship after Brexit, I am keen to get my application in before Brexit happens. I’ve reviewed documents online, including https://assets.publishing.service.gov.u ... .0-ext.pdf and it said nothing about separated couples. In all the guidance documents I read I need to be legally married – which I am – but I am also conscious that this marriage is very likely coming to an end some time next year.

Before I pay – and potentially lose - £1349.20, I would like to be sure that a future divorce wouldn’t be held against me. Appreciate if you can point me either at the right documentation, or help me with an answer.
Thank you!!!

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zimba
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Re: Married Status - Separated - will they refuse my application?

Post by zimba » Sat Oct 19, 2019 1:22 am

You are "Married" until you are fully divorced as 'separated' is not a legal status. You can apply as spouse of BC now.
There is also no uncertainty for a settled person in the UK not matter what happens with Brexit. I suggest to ignore the mass hysteria around the issue of Brexit
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

dettawalker
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Re: Married Status - Separated - will they refuse my application?

Post by dettawalker » Sat Oct 19, 2019 2:04 pm

thank you for your response. It's not the uncertainty I am worried about. I am worried about the German law regarding brexit that was made and what the embassy published. In essence, if we have a hard brexit and I have applied for citizenship BEFORE hard brexit, then I am entitled to dual citizenship, even if my ceremony is after hard brexit.

If I apply after hard brexit for British Citizenship I may not get dual nationality. That's why its so important for me to do it now.

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Zerubbabel
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Re: Married Status - Separated - will they refuse my application?

Post by Zerubbabel » Sat Oct 19, 2019 2:22 pm

I spoke with someone from the German Embassy in London last year. You are right about the Brexit. Germany allows German citizens to apply for the citizenship of any EU country without losing their German citizenship.

If you wait post Brexit, you won't benefit from that. But there is a process where you contact German authorities and get an approval before applying for another citizenship. You would need to show ties to Germany. Then, when you get the approval, you can apply for another citizenship without losing the German one.

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alterhase58
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Re: Married Status - Separated - will they refuse my application?

Post by alterhase58 » Sat Oct 19, 2019 7:43 pm

As pointed out already you will not be judged on your marital arrangements.

Regarding Brexit implications you may wish to look at this web page of the Bundesverwaltungsamt - the German government department in charge of nationality:
https://www.bva.bund.de/DE/Services/Bue ... _node.html
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

dettawalker
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Re: Married Status - Separated - will they refuse my application?

Post by dettawalker » Sat Oct 19, 2019 8:23 pm

perfect thank you so much everyone. I will press ahead with my application!! that should secure everything.

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