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Partner of british citizen but not had contact due to domestic abuse

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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BlackLadyBoss
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Partner of british citizen but not had contact due to domestic abuse

Post by BlackLadyBoss » Fri Nov 01, 2019 5:02 pm

Hello,

I am looking for advice.

I have been eligible to apply for citizenship since Sept 2018 as married a British citizen. I got my IRL on the 7th of Feb 2019.

To start a new job in Zurich I want to apply for my Citizenship now so I can start asap as I need a British passport to accept the job. I have not had any contact with my husband since Dec 2018 due to Domestic Violence. He was arrested and sentenced in Jan 2019, He is on probation now for 5 years. We are still married as I cannot afford a divorce right now but I do not have access to his original passport / Citizens ref number as I have not seen him since he got sentenced in Jan. I have a copy of his passport (data page only) in PDF.

Is it wise for me to try and apply now or just turn down the job and apply in Feb next year using 12 months on ILR? I don't want to apply and waste money to be rejected.

Thanks for any advice given

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CR001
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Re: Partner of british citizen but not had contact due to domestic abuse

Post by CR001 » Fri Nov 01, 2019 5:42 pm

Not sure what your start date would be for a job because citizenship applications can take up 6 months. There is no fast track or super priority service available and you can only apply for a passport once you have been approved and attended your citizenship ceremony.

Note also if your husband is a naturalised citizen, the form asks for his naturalisation certificate details and passport details.

On what basis did you get ilr as your previous topic says you held a tier 2?
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Djsuccess
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Re: Partner of british citizen but not had contact due to domestic abuse

Post by Djsuccess » Sat Nov 02, 2019 11:01 am

BlackLadyBoss wrote:
Fri Nov 01, 2019 5:02 pm
Hello,

I am looking for advice.

I have been eligible to apply for citizenship since Sept 2018 as married a British citizen. I got my IRL on the 7th of Feb 2019.

To start a new job in Zurich I want to apply for my Citizenship now so I can start asap as I need a British passport to accept the job. I have not had any contact with my husband since Dec 2018 due to Domestic Violence. He was arrested and sentenced in Jan 2019, He is on probation now for 5 years. We are still married as I cannot afford a divorce right now but I do not have access to his original passport / Citizens ref number as I have not seen him since he got sentenced in Jan. I have a copy of his passport (data page only) in PDF.

Is it wise for me to try and apply now or just turn down the job and apply in Feb next year using 12 months on ILR? I don't want to apply and waste money to be rejected.

Thanks for any advice given
I can imagine how hard this must be for you. Stay strong. However, on a personal note, I will suggest you wait for 12 months on ILR and apply on your own. If someone has hurt you so bad that he was sentenced for it and you have not had contact with him for almost 1year, I don't think tieing yourself to him because of citizenship application will help any future legal case you might want to build for divorce. Again it would appear that you have separated but not divorced, I don't think you should be claiming "we are still married" for your own benefit.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

BlackLadyBoss
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Re: Partner of british citizen but not had contact due to domestic abuse

Post by BlackLadyBoss » Mon Nov 04, 2019 10:40 am

CR001 wrote:
Fri Nov 01, 2019 5:42 pm
Not sure what your start date would be for a job because citizenship applications can take up 6 months. There is no fast track or super priority service available and you can only apply for a passport once you have been approved and attended your citizenship ceremony.

Note also if your husband is a naturalised citizen, the form asks for his naturalisation certificate details and passport details.

On what basis did you get ilr as your previous topic says you held a tier 2?
Thank you, I had a tier 2 visa for 5 years so I got my ILR independently of my Husband. I have been in the Uk for 9 years

Student visa > PSW visa> Tier 2 for 5 years> ILR.

The start date of the job is March 2019. I hope this makes sense? They will be happy with a naturalisation approval even if I dont have the passport itself.

BlackLadyBoss
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Re: Partner of british citizen but not had contact due to domestic abuse

Post by BlackLadyBoss » Mon Nov 04, 2019 10:46 am

Djsuccess wrote:
Sat Nov 02, 2019 11:01 am
BlackLadyBoss wrote:
Fri Nov 01, 2019 5:02 pm
Hello,

I am looking for advice.

I have been eligible to apply for citizenship since Sept 2018 as married a British citizen. I got my IRL on the 7th of Feb 2019.

To start a new job in Zurich I want to apply for my Citizenship now so I can start asap as I need a British passport to accept the job. I have not had any contact with my husband since Dec 2018 due to Domestic Violence. He was arrested and sentenced in Jan 2019, He is on probation now for 5 years. We are still married as I cannot afford a divorce right now but I do not have access to his original passport / Citizens ref number as I have not seen him since he got sentenced in Jan. I have a copy of his passport (data page only) in PDF.

Is it wise for me to try and apply now or just turn down the job and apply in Feb next year using 12 months on ILR? I don't want to apply and waste money to be rejected.

Thanks for any advice given
I can imagine how hard this must be for you. Stay strong. However, on a personal note, I will suggest you wait for 12 months on ILR and apply on your own. If someone has hurt you so bad that he was sentenced for it and you have not had contact with him for almost 1year, I don't think tieing yourself to him because of citizenship application will help any future legal case you might want to build for divorce. Again it would appear that you have separated but not divorced, I don't think you should be claiming "we are still married" for your own benefit.

Yes, we are separated not divorced yet. We had to stay legally married for 1 year before I could apply for a divorce. We got married end of Sept 2018 so I could only start divorce proceedings recently even though we separated very soon after the wedding due to the violence.

I don't want to use 'being still married' which is why I haven't all this time since I got ILR; I was always going to just do it by myself with my IRL for 12 months; as I don't want to ask him for any favours at all or give him some hold on me. Then this job came which would solve ALL of my finance issues as I have been really struggling, so I am now considering if there is an alternative for me with this.

I guess I was hoping there was a way to apply and explain the situation to the home office without me needing to contact him.

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aman90
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Re: Partner of british citizen but not had contact due to domestic abuse

Post by aman90 » Mon Nov 04, 2019 11:52 am

BlackLadyBoss wrote:
Mon Nov 04, 2019 10:46 am
Has it been 15 months since you first applied for ILR? Not asking approval date but date of application.

BlackLadyBoss
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Re: Partner of british citizen but not had contact due to domestic abuse

Post by BlackLadyBoss » Mon Nov 04, 2019 12:08 pm

aman90 wrote:
Mon Nov 04, 2019 11:52 am
BlackLadyBoss wrote:
Mon Nov 04, 2019 10:46 am
Has it been 15 months since you first applied for ILR? Not asking approval date but date of application.
No. I first applied for ILR 6th Feb 2019 and got it approved the next day. My ILR card says valid from 7th Feb 2019.

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aman90
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Re: Partner of british citizen but not had contact due to domestic abuse

Post by aman90 » Mon Nov 04, 2019 1:22 pm

Then there is no safe way of applying earlier unfortunately.
Is there no inbetweener one who can get you the pertinent document from ur ex..
Or would ur new employer be open to you working remotely.

apsk
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Re: Partner of british citizen but not had contact due to domestic abuse

Post by apsk » Mon Nov 04, 2019 3:33 pm

I would highly recommend to wait till you complete 12 months of ILR and then apply. Honestly, not worth the risk to apply now and then from personal point of view you did get your immigration status independently this far, then connecting yourself to someone you may not like to be connected isnt worth. It is matter of hardly 3 months now.

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