Immigrationboards.com

Seperation

Hi guys

I have a bid of a headache question and due to my current circumstances I cannot afford an immigration lawyer and hoping I can get some help.

Back in 2009 I applied for ILR via the Domestic Violence route with a solicitor using legal aid. I was granted it in May 2009. Fast forward few months later my husband and I eventually worked things out and got back together and have been together the whole time.
I could not afford to apply for citizenship the last few years and this year we finally decided I need to get my application in. Just as I started studying for the Life in the UK test I discovered his affair and have kicked him out of the family home. I'm now 4 weeks down the line and finally trying to concentrate on getting my tests done with the soonest availability only end of Sept. I have a holiday booked to South Africa for myself and my girls for a month mid Oct to Mid Nov which was booked and paid for back in March already.

My questions will I
(1) be able to put an application in using the check and send at the end of Sept knowing I'm off for a month in Mid Oct and it not cause any issues
(2) can I still apply as a spouse of a Britisth Citizen as I will have his passport. But how will I complete the application form. I am stil in the house living with my 2 children who are both citizens.
(3) will my original ILR application cause problems as it was one via DV and we got back together,
(4) I am also now forced to apply for Housing Benefits and Tax Credits as I wasn't working as I was supporting him to get the promotion he got a couple of months ago and will have to find a job in the new year with it now being holiday and we are off less than 4 weeks after school starts in Sept.

Thanks

jessie179 wrote:My questions will I
(1) be able to put an application in using the check and send at the end of Sept knowing I'm off for a month in Mid Oct and it not cause any issues
(2) can I still apply as a spouse of a Britisth Citizen as I will have his passport. But how will I complete the application form. I am stil in the house living with my 2 children who are both citizens.
(3) will my original ILR application cause problems as it was one via DV and we got back together,
(4) I am also now forced to apply for Housing Benefits and Tax Credits as I wasn't working as I was supporting him to get the promotion he got a couple of months ago and will have to find a job in the new year with it now being holiday and we are off less than 4 weeks after school starts in Sept.

Thanks

1) Be aware, you need to be available in person when called (by letter) to enrol your biometrics sometime after the application is received.
You may also have to be available to respond to any follow up questions, or requests for additional information/documents, by HO.
Being absent will cause difficulties if you miss the call to enrol biometrics within the permitted timeslot (15 working days).
You would get a second chance again by mail, (10 working days); missing that too and the application will fail.

2) If you are not divorced then you are still a spouse.
You probably need other views & opinions on that.

There is a section for spouse/partner details on the AN form, just fill it in as accurately as you can.
No spouse's signature is required.

Hold that thought.
You have 'settled' status with ILR for over 12 months so you can apply in your own right. No man is required.
You just need 5 years residency which you also have (proven by submitting passport).

3) afaik ILR is ILR. There is no 'good' ILR or 'bad' ILR.

4) Being in employment &/or claiming benefits are neither requirements nor barriers to applying for naturalisation.

You need to ensure you meet all other requirements including:
proof of English (as well as LITUK);
good character;
sound mind;
and meet absence requirements;
oh & make sure you were physically present in UK on the day 5 years before your application.

Good luck.

From a naturalisation perspective, you are married unless legally divorced. Simple!