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Naturalisation with ILR based on DV

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

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nisar.khan
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Naturalisation with ILR based on DV

Post by nisar.khan » Wed Mar 02, 2016 9:23 am

I would like to know
My Daughter Go to UK on spouse visa in Dec. 2013, After One and half year she face a Domestic Voilence with her Husband, She get ILR in Dec. 2015 on basis of Domestic Voilence, Now when she can apply for Citizenship of UK after one year of ILR or Five year residance in uk

Arsal385
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Re: naturalization with ilr and cancelled spouse visa,

Post by Arsal385 » Wed Mar 02, 2016 9:39 am

nisar.khan wrote:I would like to know
My Daughter Go to UK on spouse visa in Dec. 2013, After One and half year she face a Domestic Voilence with her Husband, She get ILR in Dec. 2015 on basis of Domestic Voilence, Now when she can apply for Citizenship of UK after one year of ILR or Five year residance in uk
I believe since she got ILR on the bases of DV and not as a dependent of British citizen. She will need to complete 5 years lawful residence in the UK prior to her application to citizenship. Seniors please correct me if am wrong.

noajthan
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Re: Naturalisation with ILR based on DV

Post by noajthan » Wed Mar 02, 2016 9:44 am

To avoid confusion & jumbled responses, I have moved your question to its own thread
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
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Re: Naturalisation with ILR based on DV

Post by noajthan » Wed Mar 02, 2016 9:50 am

nisar.khan wrote:I would like to know
My Daughter Go to UK on spouse visa in Dec. 2013, After One and half year she face a Domestic Voilence with her Husband, She get ILR in Dec. 2015 on basis of Domestic Voilence, Now when she can apply for Citizenship of UK after one year of ILR or Five year residance in uk
When did this lady first enter UK - was it 2013?

What is her marital status now? is she married to anyone?
If she is married, is the spouse British?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

nisar.khan
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Re: Naturalisation with ILR based on DV

Post by nisar.khan » Wed Mar 02, 2016 11:32 am

Yes she is still in uk since Dec. 2013, and her husband is uk citizen but after DV she is not living with her husband. she still not get divorce from him. she have a baby also aged One year. And now my question is when she can apply for citizenship. she have ILR from Dec. 2015.

noajthan
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Re: Naturalisation with ILR based on DV

Post by noajthan » Wed Mar 02, 2016 11:39 am

nisar.khan wrote:Yes she is still in uk since Dec. 2013, and her husband is uk citizen but after DV she is not living with her husband. she still not get divorce from him. she have a baby also aged One year. And now my question is when she can apply for citizenship. she have ILR from Dec. 2015.
If the husband will cooperate (so that she can apply as a spouse), it will require proof of 3 years residency in UK.
And there is no need to hold ILR for 12 months as the spouse of a BC.

So it appears daughter may apply sometime in December 2016 (as a spouse).
Apply under section 6(2) of BNA on form AN.

Note
: a full copy of every page of spouse's passport will be required;
also marriage certificate.
Suggest make arrangements to get these if you follow this route.

That is assuming all other requirements can be/have been met.
I'm not sure if there are any concessions on proof of English &/or the LITUK test for such DV-related cases.

If husband does not cooperate then daughter requires 5 years residence in UK (including 12 months of LR).
By my reckoning, (in that situation of no cooperation from husband) it takes her to sometime in December 2018.

Apply under section 6(1) of BNA on form AN if daughter is applying in her own right..

Again the same assumption on other requirements applies.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

John
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Re: Naturalisation with ILR based on DV

Post by John » Wed Mar 02, 2016 12:10 pm

If the husband will cooperate (so that she can apply as a spouse), it will require proof of 3 years residency in UK.
3 years residency? Not quite right, but it might be academic in this case.

The requirement is to has been physically in the UK exactly three years before the form AN is submitted, and to have been in the UK for long enough in the three years up to that date.

Question ..... was the daughter physically in the UK before December 2013? If yes, when?

For example, say she visited the UK from say 01.09.13 to 15.09.13, then left, then came back in December 2013, she could submit the form AN sometime in the first half of September 2016.
John

noajthan
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Re: Naturalisation with ILR based on DV

Post by noajthan » Wed Mar 02, 2016 12:18 pm

John wrote:
If the husband will cooperate (so that she can apply as a spouse), it will require proof of 3 years residency in UK.
3 years residency? Not quite right, but it might be academic in this case.

The requirement is to has been physically in the UK exactly three years before the form AN is submitted, and to have been in the UK for long enough in the three years up to that date.

...
Based on 6(2) guidance (& qualified by my: assuming all other requirements can be met). The details of those are in the guidance & OP's daughter has some months to prepare & fulfill them.
Have lived in UK for minimum of 3 years and meet the following residence requirements ... ... ...
Ref https://www.gov.uk/government/uploads/s ... r_2015.pdf
All that is gold does not glitter; Not all those who wander are lost. E&OE.

John
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Re: Naturalisation with ILR based on DV

Post by John » Wed Mar 02, 2016 12:31 pm

It is a great shame that UKBA cannot actually give correct guidance.

The booklet correctly talks about a "qualifying period" but incorrectly interprets the legislation concerning that.

I reiterate, there is no particular requirement to live in the UK for all of the qualifying period, but there are requirements, in particular the need to have been physically in the UK at the start of the qualifying period.

So again, it would be helpful to know if the daughter was physically in the UK before December 2013.
John

noajthan
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Re: Naturalisation with ILR based on DV

Post by noajthan » Fri Mar 04, 2016 2:47 pm

Example of a case in which estranged spouse's passport was not available & NCS accepted & submitted a single page copy of the data page:
british-citizenship/naturalization-as-b ... l#p1316880
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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