Divorce: 3 or 5 years stay on ILR for British Citizenship ?

Dear All,
I would be extremely grateful if you could lift up the uncertainty in my life by guiding me about my application for naturaisation.

Background:
I had come to the UK on 11th November 2011 as a dependent of my husband, who got his citizenship this year. I got my ILR in January 2014 and was to apply for British Citizenship from November on-wards, after completing three years of stay in the UK, as the spouse of a British Citizen. However, I have separated from my husband and our divorce will be final soon. What I have understood from basic Google search and your forum is that; to obtain British Nationality, I either have to complete the three years and apply as the BC spouse or I can apply on my own after completing five years of stay in the UK. I might be wrong and need guidance in this matter.
Please guide me on the following issues:

Questions:

1. Can I still apply for the British Nationality as a spouse of a BC before the divorce is final even if I do not have his British passport or the nationality certificate ? Can any other documents be supplied in absence of these essential documents with the application ? I do have the marriage certificate but my husband would never give me his documents after a very bitter ending to our marriage.

2. If I do not apply on the spouse basis,can I apply for the citizenship on any other terms after completing just three years of stay in the UK from which a year's stay was on ILR ?

3.If there is no other way of getting the nationality after the three years other than the British spouse route; would I have to stay in the UK on ILR for two more years before I can apply for nationality on my own ?

Your guidance in this matter will be highly appreciated.

Thank you

1. If you can apply for BC after the 3 year qualifying period as long as the divorce hasn't been finalised. I believe you should be able to order a copy of his birth certificate and submit that instead of his passport. You'll obviously need to know the date and place of his birth. https://www.gov.uk/order-copy-birth-dea ... ertificate Many people use this service when they want to research their family tree.
2. No other way to apply under the 3 year rule.
3. 5 years under your own right - standard requirements

Dear Casa

Thank you for reply and guidance

My husband was not British by birth and had got is British passport a few months back after living in the UK for five years. Am i right to think that the birth certificate can only satisfy the requirement of documents for British born spouses ? Nonetheless, I do not have his birth certificate, British passport or nationality certificate so I guess I can not apply as his spouse before or after the finalization of divorce.

I am however, still slightly hopeful that there would be any other way for me to apply for British citizenship on my own after three years as I did read that on another thread. Isn't living on ILR for a year enough to satisfy the requirements for me to apply on my own? Is there absolutely no chance at all ?

mgz144 wrote:Dear Casa

Thank you for reply and guidance

My husband was not British by birth and had got is British passport a few months back after living in the UK for five years. Am i right to think that the birth certificate can only satisfy the requirement of documents for British born spouses ? Nonetheless, I do not have his birth certificate, British passport or nationality certificate so I guess I can not apply as his spouse before or after the finalization of divorce.

I am however, still slightly hopeful that there would be any other way for me to apply for British citizenship on my own after three years as I did read that on another thread. Isn't living on ILR for a year enough to satisfy the requirements for me to apply on my own? Is there absolutely no chance at all ?

I am really sorry to hear your situation. Expert/Senior (Casa) has told you already. So unless you have his passport etc then no you cannot apply as spouse. So as far as I know its 5 years, as being ILR is fine but you have to have been in country for at least five years and since you came here in 2011, you haven't completed five years.

So unless some seniors correct me, I would request to wait for five years completion.

Without proving marriage to a BC it's 5 years with no concessions I'm afraid, and yes, the birth certificate would only help if he was born in the UK.

Thank you Casa and Fwd079 for your replies and clearing up the confusion for me. Although, I am now depressed as things are not the way I had wanted them to be, but I really appreciate your prompt advice.

You can submit photo copy of his passport.

But it doesn't appear that he's willing to provide that.

Since she has very few options left if she can find a way to make photo copy of his passport than she would have a valid document to submit.

milan69 wrote:Since she has very few options left if she can find a way to make photo copy of his passport than she would have a valid document to submit.

You are senior so I'd just say that I doubt that is possible, since she said it:

I do have the marriage certificate but my husband would never give me his documents after a very bitter ending to our marriage.

So I guess Casa is correct, only way is 5 years one. Sad to see a marriage breaking down though.

1

You should really have started your own thread with this question. On the date your husband applied for BC had he spent at least 3 years legally in the UK?

Hi, yes, apologies for that. Yes he did.

As the marriage hasn't been dissolved through the courts, for immigration purposes he is still considered to be married even if you are legally separated. This means that his current BC application is valid as far as he is applying as your spouse. Proving that ILR was achieved through his deception would be virtually impossible.

Thank you!