Ilr to naturalization when separated

Pikapika · Post by **Pikapika** » Tue Jan 21, 2020 12:05 pm

Hi guys, I have a question about application when being separated from BC husband.
We split a couple of months after I was granted with ILR (about half year ago) and he moved out straight away. We never worked it out so remained separated.
As long as I understand I need to hold my ILR status for 12 months after it was granted and then I am fine to apply for naturalization.
The question is, what do I mention in the form? Is there an option to say “separated”? Or do I still say married? My ex wont give me any of his personal documents (ig passport or birth certificate) so I am here on my own here
Kind CR001 already mentioned some of the aspects of applying in another topic from 6 years ago but I would still like to know some more info.
I would be very grateful if anybody could help me out with this question.

CR001 · Post by **CR001** » Tue Jan 21, 2020 12:20 pm

If you are married to a British citizen, there is NO requirement to hold ILR for 12 months before you can apply.

You simply STILL need to be legally married. I applied when separated from my BC husband in 2012 and got approval within 4 weeks.

If you are still legally married, you tick legally married in the form. You would however need a copy of his British passport.

Pikapika · Post by **Pikapika** » Tue Jan 21, 2020 2:19 pm

Thank you so much for your kind response!
So I do not need his passport, just a copy?

I thought if we aren't together any longer, then I need to mention it, in case if ukba contacts him for any reason... ?

CR001 · Post by **CR001** » Tue Jan 21, 2020 2:27 pm

So I do not need his passport, just a copy?

Yes, a colour copy ideally that is clear.

I thought if we aren't together any longer, then I need to mention it, in case if ukba contacts him for any reason... ?

They don't contact a spouse. the requirement is only that you are MARRIED to a British Citizen at the time of application.

Pikapika · Post by **Pikapika** » Tue Jan 21, 2020 2:29 pm

Thank you!

Pikapika · Post by **Pikapika** » Sun Feb 09, 2020 7:20 pm

Dear CR001,
Just was thinking about the application and reading through the guidance. It says that to apply without BC partner’s passport but with a copy of it I can only do it by applying by post. Is this correct? So if I go and apply in person then I still need his passport?
Also, we do no live together anymore and on the application form it says to put his current address. What shall I do? I mean we dont live together anymore.
Thank you kindly
Pika

alterhase58 · Post by **alterhase58** » Sun Feb 09, 2020 9:54 pm

You upload the copy of partner's passport online with all the other required documents - no need to send by post. For your appointment you take your own passport. Where the application asks for partner's address just state it there. As pointed out, UKVI will not make contact to query separation.

Pikapika · Post by **Pikapika** » Mon Feb 10, 2020 11:10 am

Thanks a lot for your reply.
So it doesnt matter if we live separately? What about signature? Surely Ill need it from him?
Sorry about lots of questions, I am just frustrated and thinking wether it is wiser to wait 12 months from being granted with ilr or apply now.

alterhase58 · Post by **alterhase58** » Mon Feb 10, 2020 11:20 am

You do not need permission from your partner - every applicant is assessed individually, there is no concept of family or married couple application. And you are entitled to apply now under the rules. Appreciate the system is not always clear, or even comforting.

Pikapika · Post by **Pikapika** » Mon Feb 10, 2020 2:03 pm

Thank you!

Pikapika · Post by **Pikapika** » Wed Sep 30, 2020 12:12 pm

Hi guys, unfortunately my old topic was locked, so Ill ask here to avoid creating another one.

I have a few questions re application. Ive download both, the guidelines and the application form, so far everything seems to be clear.

I was granted with ILR last September (premium, granted within 2 days), shortly after(a couple of months or so) my British partner and I split and he moved out.

I am not sure on what basis I should apply, “married to Brit citizen” or “6 year route (12 months after being granted with ILR)”. If I do apply basing on the latter one, how do I state it in the application form? By not adding another person? (my husband)

Second question is what do I do about stating his address? He moved out and now lives with his parents.

By all means, he moved out after I was granted with ILR, so technically that is absolutely fine and no rules were breached. But would’t this raise further questions like “why did you break up shortly after granted with ILR?”, “why am I applying shortly after 12 months from ILR” etc?

Thanks in advance for any help

alterhase58 · Post by **alterhase58** » Wed Sep 30, 2020 1:05 pm

Pikapika wrote: ↑
Wed Sep 30, 2020 12:12 pm
Hi guys, unfortunately my old topic was locked, so Ill ask here to avoid creating another one.

I have a few questions re application. Ive download both, the guidelines and the application form, so far everything seems to be clear.
Note applications from within the UK are now online only.
I was granted with ILR last September (premium, granted within 2 days), shortly after(a couple of months or so) my British partner and I split and he moved out.

I am not sure on what basis I should apply, “married to Brit citizen” or “6 year route (12 months after being granted with ILR)”. If I do apply basing on the latter one, how do I state it in the application form? By not adding another person? (my husband)
You could apply on either basis. For “married to Brit citizen” you would need a copy of his passport but the residency requirement is only 3 years, and you can apply now. Otherwise wait 12 months and apply on 5 years residency basis. You don't specifically state it on the online form but caseworkers will know what basis you are applying on.

Second question is what do I do about stating his address? He moved out and now lives with his parents.
Just state his address as you have it. They won't contact him. And note that he would not have to give his consent. The application is personal to you.

By all means, he moved out after I was granted with ILR, so technically that is absolutely fine and no rules were breached. But would’t this raise further questions like “why did you break up shortly after granted with ILR?”, “why am I applying shortly after 12 months from ILR” etc?
When you receive ILR you are "free from immigration restrictions" and you don't have to account for your marital arrangements. Naturalisation is based on Nationality Law not immigration regulations.

Thanks in advance for any help

Pikapika · Post by **Pikapika** » Wed Sep 30, 2020 8:43 pm

Thanks a lot for your advice,
So basically I still need to attach a copy of his passport to the application, regardless what route I am applying with?

Thank you

CULLINAN · Post by **CULLINAN** » Wed Sep 30, 2020 8:47 pm

Pikapika wrote: ↑
Wed Sep 30, 2020 8:43 pm
Thanks a lot for your advice,
So basically I still need to attach a copy of his passport to the application, regardless what route I am applying with?

Thank you

No. If you apply in your own right i.e. wait 12 months on your settled status, you do not need his passport copy.

Note, once you input your partner’s British Citizen details in the online form, the form will automatically consider that you are applying via Section 6(2) i.e. via British Spouse and generate marriage certificate and partner’s passport copy in the checklist.

You need to clearly mention in the cover letter than you are applying in your own right and want your application to be considered via Section 6(1). You have to meet all requirements including 5 years residence on your own. You do not need his documents then.

Pikapika · Post by **Pikapika** » Wed Sep 30, 2020 9:26 pm

Dear CULLINAN
thanks for your reply.
May I ask what exactly do you mean by saying “5 years of residence on your own”? Do you mean 5 years as a spouse + 12 months after granted with ILR ?

It already has been 12 months since I was granted with ILR.

Last question, as it looks like opinions have divided.. when I start the application, the system offers to choose your status. I am still legally married, so I tick married. What do I do about the spouse details then? Do I leave it blank? (i cant really if I tick “married” (plus I can’t go further without filling them).. If I fill his details, the system will automatically generate spouse passport copy and marriage certificate (6.2)... so here we are, still going with route 6.2

I mean how do married people who are separated go with section 6.1 when filling the application

Sorry if this sounds silly :/

alterhase58 · Post by **alterhase58** » Wed Sep 30, 2020 9:35 pm

Pikapika wrote: ↑
Wed Sep 30, 2020 9:26 pm
Dear CULLINAN
thanks for your reply.
May I ask what exactly do you mean by saying “5 years of residence on your own”? Do you mean 5 years as a spouse + 12 months after granted with ILR ?
It means you have to prove residency for five years back from the application date, or for three years if applying as spouse. All you need is to provide your passport(s) covering the period.

It already has been 12 months since I was granted with ILR.

Last question, as it looks like opinions have divided.. when I start the application, the system offers to choose your status. I am still legally married, so I tick married. What do I do about the spouse details then? Do I leave it blank? (i cant really if I tick “married” (plus I can’t go further without filling them).. If I fill his details, the system will automatically generate spouse passport copy and marriage certificate (6.2)... so here we are, still going with route 6.2
The question is not optional so you need to answer, i.e. married and address. What you then do is to provide your five year residency proof but not his passport/marriage cert.
I mean how do married people who are separated go with section 6.1 when filling the application
Good question - I applied as 6.1 (not knowing at the time what that was), ticked married to British wife, but didn't include her passport/marriage certificate. My nat. certificate came marked as 6.2! But at that stage it doesn't really matter.

Sorry if this sounds silly :/

CULLINAN · Post by **CULLINAN** » Wed Sep 30, 2020 9:47 pm

Last question, as it looks like opinions have divided.. when I start the application, the system offers to choose your status. I am still legally married, so I tick married. What do I do about the spouse details then? Do I leave it blank? (i cant really if I tick “married” (plus I can’t go further without filling them).. If I fill his details, the system will automatically generate spouse passport copy and marriage certificate (6.2)... so here we are, still going with route 6.2

I mean how do married people who are separated go with section 6.1 when filling the application

Yes. Does your husband have dual nationality? Just to keep things simple, mention his other nationality only in the online form so the checklist generated is accurate. Mention his British Citizenship in the cover letter.
Also, mention you want your application to be considered via Section 6(1). As long you meet all requirements as per Section 6(1), your husband’s status or documents are meaningless.

If he does not have dual nationality, carry on with British Citizen. Ignore the checklist. You do not need his passport or marriage certificate if you apply via Section 6(1). Just clarify that in the cover letter.

Application via Section 6(1):

Minimum 1 year settled status.

You need to have 5 years of residence.
Not more than 450 days outside UK in the last 5 years.
Not more then 90 days outside UK in the last 1 year.
Must be physically present in UK at the start of the 5 year qualifying period i.e. if you apply on 5/10/20, you must be present in UK on 6/10/15.

Meet English Requirements and LIUK.

Meet good character requirements.

As long you meet all the above on your own, you do not need your husband’s documents for your application.

CULLINAN · Post by **CULLINAN** » Wed Sep 30, 2020 9:58 pm

Also, date of application is the date you pay and submit online. Calculate eligibility accordingly.

Pikapika · Post by **Pikapika** » Thu Oct 01, 2020 9:47 am

Dear Alterhase58 and CULLINAN,

Thanks a lot for the detailed reply.

So far, I will just tick married, include his address and won’t attach passport copy/marriage cert.

I believe in the cover letter I do not need to give them my life story and just mention that I would like my application to be considered according to 6.2 rules. Do I mention that we are separated?

Thanks a lot for all your attention, also if possible please do not lock this topic at the moment please as I might have another question

CULLINAN · Post by **CULLINAN** » Thu Oct 01, 2020 10:18 am

Pikapika wrote: ↑
Thu Oct 01, 2020 9:47 am
Dear Alterhase58 and CULLINAN,

Thanks a lot for the detailed reply.

So far, I will just tick married, include his address and won’t attach passport copy/marriage cert.

I believe in the cover letter I do not need to give them my life story and just mention that I would like my application to be considered according to 6.2 rules. Do I mention that we are separated?

Thanks a lot for all your attention, also if possible please do not lock this topic at the moment please as I might have another question

No need to give your life story. Just mention that you would like your application to be considered via Section 6(1) and you meet all the requirements in your own right. Also mention that marriage certificate and husband’s passport copy is not needed for Section 6(1) and the checklist generated is only due to the fact that your husband is British (and your married) so the online form automatically considers that you are applying via Section 6(2) which you are not.

https://assets.publishing.service.gov.u ... uly_20.pdf

Page 6.

Note: You want to go for Section 6(1) not Section 6(2).

Pikapika · Post by **Pikapika** » Thu Oct 01, 2020 1:35 pm

Thanks again, CULLINAN!

Pikapika · Post by **Pikapika** » Thu Oct 22, 2020 5:46 am

Hi guys,
I am having another little problem with application form. In the step EEA NATIONAL
The question is “are you either:”
*An EEA national who has been issued with a permanent residence document
*A family member of an EEA national who has been issued with a permanent residence card
Answer options are yes/no

I believe I tick yes as anyway, despite that I am applying with 6.1...?

Thank you

CR001 · Post by **CR001** » Thu Oct 22, 2020 6:59 am

Pikapika wrote: ↑
Thu Oct 22, 2020 5:46 am
Hi guys,
I am having another little problem with application form. In the step EEA NATIONAL
The question is “are you either:”
*An EEA national who has been issued with a permanent residence document
*A family member of an EEA national who has been issued with a permanent residence card
Answer options are yes/no

I believe I tick yes as anyway, despite that I am applying with 6.1...?

Thank you

It is NO to this question if you came on a spouse visa and got ilr. This question is only for those who came on the EU (non British) family route under the EU regulations.

Pikapika · Post by **Pikapika** » Thu Oct 22, 2020 7:01 am

Thank you so much!!

Pikapika · Post by **Pikapika** » Sat Oct 24, 2020 11:20 pm

Hi guys, guess who again...

i am getting closer to the end of application form, so hopefully just a few more questions.

I did some research over the last two days and found some old topics from 2014 where kind CROO1 Replied to similar question. Cant quite figure out if the rules are the same still (not very clear on HO guidelines)..

Obviously, as most of people I struggle to find a referee from the list. As long as I understand one must be of profession from the list but can be either British or non British. Second one MUST be british but profession can be off the list.

I have an EU citizen who is chemist who I’ve known for 8 years and a colleague from work (a veterinarian) who is British(known her for just ober 3 years).

Would this be ok?

Thanks again in advance

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Ilr to naturalization when separated