Divorce - ILR

Morning

First time poster to this great informative site

I have an issue am hoping I can get some clarification on please

I have been married to my husband (Irish) for a number of years in which time I have been on a residence visa due to being a spouse of an EEA National while I have been living here in the UK, and until recently have moved over to my ILR after my 4 years (doing so before the 4 year rule change)

My question is … would I be able to apply for citizenship next year if we get divorced while I am still on my ILR visa seeing that I was granted it due to having been married to an EEA national and having resided in the country for over four years or would my ILR become void upon separation?



Thanks

There's no reason why you can't. Your marriage to an Irish citizen may have been your basis for the ILR, but assuming that all was done in good faith, there's no reason why divorcing him will have any effect upon a naturalisation application. As he's not a British citizen, you need to wait one year after receiving the ILR, but then you're free to naturalise. Any divorce will have no effect upon it.

My sympathies, though, if you do divorce.

Littlepony, I agree with RobinLondon, once you have had ILR for at least one year, and assuming when you make your application for naturalisation you are able to pass the "was in the UK exactly five years before IND receive the naturalisation application" test, then yes, it will indeed be possible to apply.

Ah, but don't forget, no application is possible unless you can enclose a pass certificate in respect of the Citizenship Test. But you can study for that at any time .... no need to wait until near when you will be applying to naturalisation. Get the test out of the way soon?

John, I'm heeding your advice about the Life in the UK test. I have my own exam in a fortnight, so there will be no reason any longer for me to muck up my understanding of where Geordies, Scousers and Cockneys come from!

Thanks Robin and John, appreciate your quick responses

littlepony wrote:Morning

First time poster to this great informative site

I have an issue am hoping I can get some clarification on please

I have been married to my husband (Irish) for a number of years in which time I have been on a residence visa due to being a spouse of an EEA National while I have been living here in the UK, and until recently have moved over to my ILR after my 4 years (doing so before the 4 year rule change)

My question is … would I be able to apply for citizenship next year if we get divorced while I am still on my ILR visa seeing that I was granted it due to having been married to an EEA national and having resided in the country for over four years or would my ILR become void upon separation?

As others have said, your divorce should have no effect on your ILR or naturalisation application provided it was done in good faith.

However it seems you may have been misinformed in the past, had you applied for a regular spouse visa rather than an EEA Family Permit (Irish citizens can sponsor for normal UK visas) you could have had your ILR after 2 years. And if your husband had taken out British citizenship himself, you could have applied for naturalisation under the 3-year rule (spouse of British citizen) and you'd be British by now.

It also seems you may have missed the opportunity to register as an Irish citizen by marriage, if you married before 30 November 2002 (only 3 years marriage was required, no residence period, until they closed the facility on 30 Nov 2005).