Spouse of recently naturalised British citizen but he chose separated in relationship status in his application last yr

[Christineallado]

Hi there,

I'm about to start the process of getting my documents together and studying for the life in the uk test. I'm trying to figure out if I can still go via the spouse of a British citizen route so I only have to provide 3 years worth of evidence. I have the residence card through settled status. My spouse is Spanish and we applied through the EU settlement scheme.

We've been married 10 years but for the last years have been separated but on good terms. He got his naturalisation certificate last year and now has his British passport. However when he was applying he selected separated as his relationship status even if we're still in fact legally married. Since he has done this, will I still be able to apply via the spouse route? He's happy to provide me with all his side documents wise.

We also have different addresses as well and no joint bills etc.

Also I'm self-employed and currently run a limited company as of 2021. So I have no p60s. I do however have self assessment letters from hmrc, and I think some council tax bills but not from 3 years ago. What other proof can I provide?

Thank you so much in advance!

Christine Allado

[contorted_svy]

Hi there,

I'm about to start the process of getting my documents together and studying for the life in the uk test. I'm trying to figure out if I can still go via the spouse of a British citizen route so I only have to provide 3 years worth of evidence. I have the residence card through settled status. My spouse is Spanish and we applied through the EU settlement scheme.

We've been married 10 years but for the last years have been separated but on good terms. He got his naturalisation certificate last year and now has his British passport. However when he was applying he selected separated as his relationship status even if we're still in fact legally married. Since he has done this, will I still be able to apply via the spouse route? He's happy to provide me with all his side documents wise.

We also have different addresses as well and no joint bills etc.

Also I'm self-employed and currently run a limited company as of 2021. So I have no p60s. I do however have self assessment letters from hmrc, and I think some council tax bills but not from 3 years ago. What other proof can I provide?

Thank you so much in advance!

Christine Allado

If your passport gets stamped when you return to the UK you just need to supply that as evidence for your residence. I am slightly worried about the legitimacy of your settled status as you obtained it through marriage with a EU citizen and the relationship has since broken down - other members may advise.

[Christineallado]

Can my settled status be deemed illegitimate? Do I have to prove anything to that? Or is it because he ticked separated even if legally we are still 100% married

[Christineallado]

My residence card says indefinite leave to remain in the bottom section and EU scheme settlement above that. But I've read everywhere that if you have ILR a breakdown of a relationship can't take that away. We were married in 2014. My residence permit was issued Oct 2019. Before then I had an EEA family permit

[Ticktack]

I don't see any reason why you can't apply as the spouse of a Brit. After all, you still are. Provided your spouse is willing to give you documents you need like his passport and marriage cert.

Your settled status is permanent and cannot be taken away from you because you're separated from your spouse. You're no longer under immigration control. You can do as you please relationship-wise of course.