Married to Brit but want to apply with residence card

Hi there,

My husband got his British citizenship about a month ago. Am now applying myself. I have a residence card and can qualify on my own merits, which is important to me.

Despite having stated that I want to be considered on residence grounds in the online form, when I confirm that my husband is British, it asks for his full details. It also follows with a request for a marriage certificate and a copy of his passport as part of the documents to submit. Everything points to me being taken down a qualifying route different from the one I want. I don't want to submit the documents but don't want to be penalised either. Has anyone had a similar scenario or knows how to get around this one? Thanks in advance for any support.

You say residence card. Is it a Document Certifying PR and states this specifically and if yes, how long have you held PR??

Thanks for the quick reply. Yes, I have the document certifying permanent residence (been in the UK for 13+ years) which I am confident it is sufficient basis to apply for BC - my husband used the same for himself. I have over 5 years of proven PR so can qualify on own merits. My question is how do I make sure my BC application is NOT being judged on me being the wife of a Brit, but rather on me having worked and paid taxes in the UK for those 13 years. Thanks in advance!

Why does it make a difference to you which route it is 'judged' on?? Both Section 6(1) 5 years based and Section 6(2) 3 years spouse of BC based result in exactly the same outcome. There is no difference.

rosav wrote: ↑

Thu Apr 25, 2019 7:37 am

I don't want to submit the documents but don't want to be penalised either.

Can you expand on why you do not wish to submit these documents?

In case you are worried about having a citizenship dependency, you can be reassured that there is no such concept in British nationality law. Each person is individually a British citizen, regardless of any change to their spouse's British citizenship status.

secret.simon wrote: ↑

Thu Apr 25, 2019 9:50 am

rosav wrote: ↑

Thu Apr 25, 2019 7:37 am

I don't want to submit the documents but don't want to be penalised either.

Can you expand on why you do not wish to submit these documents?

In case you are worried about having a citizenship dependency, you can be reassured that there is no such concept in British nationality law. Each person is individually a British citizen, regardless of any change to their spouse's British citizenship status.

Hi Simon. Thanks for the clarification. My approach is largely based on principle - I am keen to become a citizen on my own merits. I also don't want to mud the waters - I see no use in adding the marriage-related docs if I am not basing my application on my marital status, yet the form and process don't seem to be sophisticated enough to allow for that. Do you know/think I risk anything by not including the docs?

CR001 wrote: ↑

Thu Apr 25, 2019 9:38 am

Why does it make a difference to you which route it is 'judged' on?? Both Section 6(1) 5 years based and Section 6(2) 3 years spouse of BC based result in exactly the same outcome. There is no difference.

Thanks for your response. My short answer is that the merits on which I become a British citizen matter to me. It is a question of principle on a double front - it is important to me that I am granted BC on my own merits, and it should be perfectly clear and doable to do so through this process. On more practical terms, it means having to navigate two sets of absences from the UK, 5 years ago and 3 years ago. I've already delayed my application to ensure I was present in the UK 5 years ago. I'd rather not have to also allow for what happened 3 years ago, and have to keep that double track running 'just in case' purely because the process isn't set up to allow for my scenario.

Grateful for any additional knowledge noting the above.

I understand the form has to be signed confirming there was no false representation or concealment of any material fact.

Application for Citizenship by Naturalisation are treated on individual basis so you are in no way assesed based on the Nationality of your Spouse.

If I were you I would state it as it as and not bother about anything else, rather than complicate your application by not disclosing or submitting the required documentation.

mamalicious187 wrote: ↑

Thu Apr 25, 2019 11:35 am

I understand the form has to be signed confirming there was no false representation or concealment of any material fact.

Application for Citizenship by Naturalisation are treated on individual basis so you are in no way assesed based on the Nationality of your Spouse.

If I were you I would state it as it as and not bother about anything else, rather than complicate your application by not disclosing or submitting the required documentation.

Thanks, helpful.