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Hi guys, I had to register again as my old username Juv is not working anymore.
I have searched the forum but cannot find a case similar to mine. Please advice on the following matter, if you could:

2005 - Got my 5 year EEA Residence card, valid until april 2010 based on my first marriage.

He left me in october 2006, so i started the divorce proccedings based
on 2 year separation february 2009.
Divorce finalised in September 2009

Oct 2009 - Applied for COA based on my new relationship with my
British fiance

Feb 2010 - Received a COA
March 2010 - Marriage in UK
March 2010 - Left for home country to apply for a visa
July 2010 - Spouse Visa issued
July 2010 - re-entered the UK
June 2012 - received ILR baced on 2 years as a spouse of a British citizen

Now, my questions are:

1. When can I apply for naturalisation?
Do I have to wait until July 2013 or can I do it now?
I know I have to be legally here for 3 years but exactly 3 years ago I was in the middle of divorce (with my EEA visa not revoked by HO despite me informing them of our separation).

Thank you very much in advance.

Since naturalisation will be based on your marriage to British citizen you have to wait till July 2013.

sufferhead wrote:Since naturalisation will be based on your marriage to British citizen you have to wait till July 2013.

Not entirely correct. As the OP stated, the requirement is to be legal in the UK 3 years before applying. Any legal stay counts.

Under the EEA regulations, until you are divorced, you are still considered Family Member (even if separated). Did your ex-partner exercise EU treaty rights at the time? Then you were legal then. I suspect the HO will not ask to examine your legal status further other than accepting your RC for that period.

msjuv wrote:Hi guys, I had to register again as my old username Juv is not working anymore.
I have searched the forum but cannot find a case similar to mine. Please advice on the following matter, if you could:

2005 - Got my 5 year EEA Residence card, valid until april 2010 based on my first marriage.

He left me in october 2006, so i started the divorce proccedings based
on 2 year separation february 2009.
Divorce finalised in September 2009

Oct 2009 - Applied for COA based on my new relationship with my
British fiance

Feb 2010 - Received a COA
March 2010 - Marriage in UK
March 2010 - Left for home country to apply for a visa
July 2010 - Spouse Visa issued
July 2010 - re-entered the UK
June 2012 - received ILR baced on 2 years as a spouse of a British citizen

Now, my questions are:

1. When can I apply for naturalisation?
Do I have to wait until July 2013 or can I do it now?
I know I have to be legally here for 3 years but exactly 3 years ago I was in the middle of divorce (with my EEA visa not revoked by HO despite me informing them of our separation).

Thank you very much in advance.

you seem to satisfy ALL the conditions of section 6(2) of http://www.legislation.gov.uk/ukpga/1981/61/schedule/1
the British Nationality Act. see the link for Schedule 1 (in your case paragraph 3 applies to you).

Have you taken the life in the UK test to prove knowledge of English and of life in the UK?

I doubt they would deem your time during your EEA fam member connection as in "breach of immigration laws" during the qualifying period. If they do end up being very meticulous, you would need to prove that AT THE TIME of divorce your ex was exercising treaty rights and from Sep 09 until March 2010 YOU were either working or self-employed etc. so that you could be regarded as having retained the right to reside.

It depends on how much proof you've got. Otherwise you may have to wait till July 2013.

Thank you for your replies.
I cannot prove that my ex was exercising his treaty rights at the time of the divorce I'm afraid, and that was the reason why I did not apply for Retaining of the rights after the divorce.
I have passed the Life in the UK test before applying for ILR.
Have always worked full time in the UK but quit my job in September 2010 after the divorce was finalised as wasn't sure if I had a right to work anymore + had savings to support myself.

I know it is a tricky situation, but there is always someone in the very similar circumstances, so thought I'd ask. Many thanks again.