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Naturalisation through domestic violence ILR

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, geriatrix, John, ChetanOjha, archigabe

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Bobbybob56
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Naturalisation through domestic violence ILR

Post by Bobbybob56 » Wed Oct 09, 2019 8:36 pm

CR001 wrote:
Thu May 02, 2019 5:31 am
1. Yes you will have to wait for 5 years before applying for citizenship. If you are divorced you can't use the 3 year British spouse route

2. No issue.
Hi,

I just received my ILR via DV route, I came here in the UK June 2017 as a spouse of a BC, can I apply next year in June 2020?

Do I have to submit proof of income if I am still studying? I don't have any work at the moment and will still be studying for the next 2 years. Do I have to prove to the HO about my source of income or any income or salary requirement for applying for British Citizenship?

I am still studying at the moment, do you think I am allowed to apply for naturalisation? If so what are the requirements needed?

Please advise. Thank you in advance.

secret.simon
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Re: Naturalisation through domestic violence ILR

Post by secret.simon » Thu Oct 10, 2019 6:45 am

Are you still married to your British citizen spouse?

If yes, and you can produce proof of his British citizenship (his birth certificate or passport), then yes, you can.

Otherwise, you would have to wait until you complete five years of residence in the UK.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Bobbybob56
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Re: Naturalisation through domestic violence ILR

Post by Bobbybob56 » Thu Oct 10, 2019 8:36 am

secret.simon wrote:
Thu Oct 10, 2019 6:45 am
Are you still married to your British citizen spouse?

If yes, and you can produce proof of his British citizenship (his birth certificate or passport), then yes, you can.

Otherwise, you would have to wait until you complete five years of residence in the UK.
Hi Simon,

Thank you for your advice.

Yes I am still married to him. The thing is I haven't stayed here in the UK for 3 years as I arrived here last June 2017 so it will be next year hopefully.

Do you know if I have to provide proof of income when I submit my application for naturalisation?

Can you tell me what documents should I submit?

Thank you in advance.

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CR001
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Re: Naturalisation through domestic violence ILR

Post by CR001 » Thu Oct 10, 2019 8:41 am

Yes I am still married to him. The thing is I haven't stayed here in the UK for 3 years as I arrived here last June 2017 so it will be next year hopefully.
If you are still married at that time, then yes you can apply if you meet the requirements.
Do you know if I have to provide proof of income when I submit my application for naturalisation?
No!
Can you tell me what documents should I submit?
Passport(s), LIUK test certificate, English B1, ILR BRP, marriage cert, Spouse passport/naturalisation cert/birth cert, whichever applies.

https://www.gov.uk/government/publicati ... n-guidance
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Bobbybob56
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Re: Naturalisation through domestic violence ILR

Post by Bobbybob56 » Thu Oct 10, 2019 4:20 pm

CR001 wrote:
Thu Oct 10, 2019 8:41 am
Yes I am still married to him. The thing is I haven't stayed here in the UK for 3 years as I arrived here last June 2017 so it will be next year hopefully.
If you are still married at that time, then yes you can apply if you meet the requirements.
Do you know if I have to provide proof of income when I submit my application for naturalisation?
No!
Can you tell me what documents should I submit?
Passport(s), LIUK test certificate, English B1, ILR BRP, marriage cert, Spouse passport/naturalisation cert/birth cert, whichever applies.

https://www.gov.uk/government/publicati ... n-guidance
Thank you so much.

Bobbybob56
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Re: Naturalisation through domestic violence ILR

Post by Bobbybob56 » Thu Feb 27, 2020 5:42 pm

Hi to all,

I just want to ask if someone can apply for citizenship after staying in the UK for 3 years if I am still married to a british citizen but I am a victim of Domestic Violence and we are no longer together. I have already my ILR and It confuses me because I asked a solicitor with regards to my case and she said I cannot apply for citizenship because we are no longer staying together and we are separated so I cannot claim and use my husband's passport or the marriage certificate for applying for british citizenship and she added that I have to wait until I reach 5 years in the UK before applying for citizenship, Is this true?

Can someone please shed some light and some advise. Thank you in advance.

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alterhase58
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Re: Naturalisation through domestic violence ILR

Post by alterhase58 » Thu Feb 27, 2020 6:30 pm

As long as you are legally married (i.e. not divorced) you can apply under the 3 year residency route, and you have access to husband's passport and the marriage certificate. UKVI will not pass judgement on your marital issues. The solicitor should know that. And also, you are applying in your own right, that is you are independent of your husband (because you have ILR) and he doesn't have to sign or give permission.
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 - they will be ignored

Bobbybob56
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Re: Naturalisation through domestic violence ILR

Post by Bobbybob56 » Thu Feb 27, 2020 6:44 pm

alterhase58 wrote:
Thu Feb 27, 2020 6:30 pm
As long as you are legally married (i.e. not divorced) you can apply under the 3 year residency route, and you have access to husband's passport and the marriage certificate. UKVI will not pass judgement on your marital issues. The solicitor should know that. And also, you are applying in your own right, that is you are independent of your husband (because you have ILR) and he doesn't have to sign or give permission.
Hi,

Thank you for your reply.

I am filling out the application form but I dont know his address and the system wont let me proceed without putting his address. What should I do?

And I dont have every page of his passport, I only have his passport front page copy, would that be ok?

With regards to the advice of the solicitor, she is really firm that my application for citizenship will be invalid as I need to wait 5 years before I can apply for citizenship,
Do you know someone who applied and granted British citizenship in 3 years route because of DV?

Please advise and thanks again.

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alterhase58
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Re: Naturalisation through domestic violence ILR

Post by alterhase58 » Thu Feb 27, 2020 6:52 pm

Solicitor should support her advice with references to the specific sections in law/regulations.
I am basing my statements on the official guidance: https://www.gov.uk/government/publicati ... n-guidance
No doubt other members may be able to give more advice.
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 - they will be ignored

Richard W
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Re: Naturalisation through domestic violence ILR

Post by Richard W » Sat Feb 29, 2020 12:30 pm

Bobbybob56 wrote:
Thu Feb 27, 2020 6:44 pm
I am filling out the application form but I dont know his address and the system wont let me proceed without putting his address. What should I do?

And I dont have every page of his passport, I only have his passport front page copy, would that be ok?
As to the passport, I suggest ordering a full birth certificate for him (formally, a certified copy of his entry in the register of births), which was suggested as an alternative by two moderators. You could use that in addition to the passport.

I have no very good suggestion as to the address. Have you tried entering 'Unknown'? (That approach might fail an address verification check during form completion.) Alternatively, consider entering his last known address, and stating that it is his last known address where the form asks for 'other information'.

Bobbybob56
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Re: Naturalisation through domestic violence ILR

Post by Bobbybob56 » Sat Mar 07, 2020 11:17 pm

Richard W wrote:
Sat Feb 29, 2020 12:30 pm
Bobbybob56 wrote:
Thu Feb 27, 2020 6:44 pm
I am filling out the application form but I dont know his address and the system wont let me proceed without putting his address. What should I do?

And I dont have every page of his passport, I only have his passport front page copy, would that be ok?
As to the passport, I suggest ordering a full birth certificate for him (formally, a certified copy of his entry in the register of births), which was suggested as an alternative by two moderators. You could use that in addition to the passport.

I have no very good suggestion as to the address. Have you tried entering 'Unknown'? (That approach might fail an address verification check during form completion.) Alternatively, consider entering his last known address, and stating that it is his last known address where the form asks for 'other information'.
Hi Everyone,

Thank you for your advice. I just want to ask these following questions:

1) Is a copy of his passport would be ok? Or I have to provide his birth certificate? We dont live together anymore so I dont have it. What should I do to request for it?

2) What date is the counting time? Submission of the online application/payment? Or the date when you have your Biometric done?

3) What date do you have to count to qualify for naturalisation? Is it the day you came here in the UK/Or the day the immigration stamped your passport? Or the day of your marriage? As the advice of the solicitor is the day of my marriage for the victim of Domestic Violence to qualify for naturalisation for 3 years if and when I am still married to a British Citizen.

I am really confuse right now.

Please advise. Thank you in advance.

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CR001
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Re: Naturalisation through domestic violence ILR

Post by CR001 » Sun Mar 08, 2020 6:11 am

1. Passport is fine.

2. Date of application is the date you submit a d pay online. Biometric appointment date is irrelevant.

3. The qualifying period if married to a British citizen is the 3 years immediately before the date of application. It is irrelevant when you married.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

obormot
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Re: Naturalisation through domestic violence ILR

Post by obormot » Sun Mar 08, 2020 3:00 pm

I think HO wants a copy of all pages of a UK citizen spouse. See here

https://assets.publishing.service.gov.u ... ooklet.pdf

Your spouse’s or civil partner’s current passport or naturalisation/registration certificate showing that he/she is a British citizen. You should provide a complete and full copy of your spouse’s or civil partner’s current passport. Every page in the passport must be copied including the blank pages,

Bobbybob56
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Re: Naturalisation through domestic violence ILR

Post by Bobbybob56 » Thu Mar 12, 2020 10:41 pm

obormot wrote:
Sun Mar 08, 2020 3:00 pm
I think HO wants a copy of all pages of a UK citizen spouse. See here

https://assets.publishing.service.gov.u ... ooklet.pdf

Your spouse’s or civil partner’s current passport or naturalisation/registration certificate showing that he/she is a British citizen. You should provide a complete and full copy of your spouse’s or civil partner’s current passport. Every page in the passport must be copied including the blank pages,
Hi,

Thank you for your response. I do not have his passport as we no longer live together. I only have the copy of the front page but not all pages of his passport.

Could someone please rectify this issue or advice me as I am receiving loads of different information from different individuals and it is confusing.

With regards to English requirement, do you think I still need to pass an English Test even if I have a degree which is taught and examined in English here in the UK?

Thank you in advance.

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alterhase58
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Re: Naturalisation through domestic violence ILR

Post by alterhase58 » Thu Mar 12, 2020 11:01 pm

Realistically, if you don't have all pages of the passport then I would suggest you load the page(s) you have. It's a British passport so details of visa stamps etc may not be important. If you are still not comfortable with this explain the situation in a cover note.
For English your UK degree is sufficient.
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 - they will be ignored

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alterhase58
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Re: Naturalisation through domestic violence ILR

Post by alterhase58 » Thu Mar 12, 2020 11:08 pm

Sorry I was time out with the last post ....

Realistically, if you don't have all pages of the passport then I would suggest you load the page(s) you have. It's a British passport so details of visa stamps etc may not be that important. If you are still not comfortable with this explain the situation in a cover note. I understand the para from the guidance - if you want to be 100% sure then you must get the full document, but if you are not able to locate him or he is not willing to provide then you are stuck, and you have to wait and apply based on five year residency and not relying on his passport.
For English your UK degree is sufficient.
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 - they will be ignored

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