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Naturalisation is under nationality law, not immigration regulations, so different requirements.3- do I need my husband consent and declaration signature for naturalisation same like the declaration form for ILR or is it just simpler and only few documents will be needed including a copy of husband's passport?
1) As long you were married and had the intention to carry on with the marriage at your date of application you are fine. Your husband signed the consent declaration anyways. Divorce proceedings can take long anyways.Betina wrote: ↑Mon Oct 19, 2020 4:00 pmDear Moderators and CULLINAN,
I have been a silent reader, thank you so much for the support you are providing.
I applied for Set(M) on 01/09/2020 being married to British Citizen and attended in-person appointment on 14/09/2020. We had so many problems during the 5 years of our marriage but did not get to divorce. At the time of submitting my application we had no intention to split up. However, this week (after 6 weeks of my ILR application submission) we just feel that it is not possible to carry on in this marriage and we are considering divorce.
My questions:
1- If I get my ILR approved in the next few days/weeks/months, will they revoke this from me or do they rather consider that we were really married when I submitted my application?
2- If ILR is approved soon and we will be still married and living together when I apply for naturalisation and then split after I apply. Will this be a problem?
3- do I need my husband consent and declaration signature for naturalisation same like the declaration form for ILR or is it just simpler and only few documents will be needed including a copy of husband's passport?
Thank you very much for your help in advance.
Dear CULLINANCULLINAN wrote: ↑Mon Oct 19, 2020 5:09 pm
1) As long you were married and had the intention to carry on with the marriage at your date of application you are fine. Your husband signed the consent declaration anyways. Divorce proceedings can take long anyways.
2) You are free after ILR. Not anymore a dependent on your husband (for immigration related applications).
3) As @Alterhase58 said, if you wait 12 months on your own ILR, you can apply for Naturalisation in your own right (given you get ILR first). You do not need your husband’s documents or consent then.
Thanks CULLINAN.
Technically yes, but if he calls HO and withdraws his consent (not the application), HO has the final discretion how to take it forward.Betina wrote: ↑Tue Oct 27, 2020 5:19 pmThanks CULLINAN.
Not good news as he has the ability to do that.
I thought as long as we were genuinely married and together on 01/09/2020 (date of application), he would not have an impact on the application outcome while awaiting for decision? Please correct me if I am wrong.
Massive thank you CILLINAN.CULLINAN wrote: ↑Tue Oct 27, 2020 5:26 pmTechnically yes, but if calls HO and withdraws his consent (not the application), HO has the final discretion how to take it forward.Betina wrote: ↑Tue Oct 27, 2020 5:19 pmThanks CULLINAN.
Not good news as he has the ability to do that.
I thought as long as we were genuinely married and together on 01/09/2020 (date of application), he would not have an impact on the application outcome while awaiting for decision? Please correct me if I am wrong.
Since, your decision is not made yet, although a separation, or living separately at this point will not have any impact as you met all the requirements at the date of application, however, him contacting HO and withdrawing his consent may do some damage.
However, I know someone who had a similar situation, the HO was contacted but they still went ahead and processed the ILR (it is purely HO’s discretion). Your husband can only contact HO but has no control over HO’s discretion/decision.
Stay positive and hopefully you both can sort it out. Good luck.
Thank you very much