Separation and BC

juliajules1979 · Post by **juliajules1979** » Wed Jan 26, 2011 11:09 am

Hi
Im writing for advice on behalf of a friend. Her husband got his ILR about 8 months ago and is 4 months away from BC. They have recently seperated, but are remaining friends. She still wants to help him get his Citizenship and is happy to supply her passport with the application. Her worry is that she will be committing an offence by supporting the application as they are not still together but are still married. Is this a problem or can they submit the application?
Many thanks

malli · Post by **malli** » Wed Jan 26, 2011 11:18 am

Its not illegal because by law they are still married.

juliajules1979 · Post by **juliajules1979** » Wed Jan 26, 2011 11:56 am

I thought that, but she is scared incase it was found out and came to light.

johnsienk · Post by **johnsienk** » Wed Jan 26, 2011 1:09 pm

juliajules1979 · Post by **juliajules1979** » Wed Jan 26, 2011 3:06 pm

If he wants to get it in 4 months, as a husband of a British Citizen there may be a problem. But if he waits the 2 more years there is no problem.

Casa · Post by **Casa** » Wed Jan 26, 2011 3:46 pm

You will see on the AN application form that even if a couple are legally separated, for the purpose of the BC application they will be considered as 'married'. This means that the wife can legally support the application without a problem.

juliajules1979 · Post by **juliajules1979** » Wed Jan 26, 2011 3:53 pm

Thankyou for that advice Casa. Could you tell me where it says that on the form?
Many thanks

juliajules1979 · Post by **juliajules1979** » Wed Jan 26, 2011 4:00 pm

Sorry Casa I see that on the form. So if he was to tick the box and say they are legally separated, he could still get BC after the 3 years qualifying period in the UK and wouldn't have to wait the 5 years? Is that Correct?

geriatrix · Post by **geriatrix** » Wed Jan 26, 2011 6:09 pm

juliajules1979 wrote:They have recently seperated, but are remaining friends. She still wants to help him get his Citizenship and is happy to supply her passport with the application.

Until such time that they are legally divorced, they remain married and the British citizen can support the spouse's naturalisation application - without worrying about anything.

regards

juliajules1979 · Post by **juliajules1979** » Thu Jan 27, 2011 10:09 am

Hi

Would they have to tick on the form that they are legally separated or tick the box married? Many thanks.

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Separation and BC

Separation and BC

Re: Separation and BC