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Married to naturalised citizen but separated.

Posted: Tue Sep 12, 2017 2:01 pm
by Nzshay
Hi there,

Just asking for advice for a friend of ours who is looking at finally becoming a British Citizen. She is married to a naturalised citizen, but separated and has been for some time. She is resident in the Uk on ILR and has been for at least 5 years. What is the best pathway for her to apply for British Citizenship in her own right. She has a great relationship with her husband, despite being separated and not divorced. They do not live together.

My family and I have just applied (x5) today via NCS and JCAP. I'll do a separate timeline post if I can find September on the boards....

Any advice appreciated.

Re: Married to naturalised citizen but separated.

Posted: Tue Sep 12, 2017 2:09 pm
by CR001
She can apply on either the 3 or 5 year route. 3 year route she needs husbands passport and she needs the marriage cert. Separated is fine as long as not divorced, if applying on spouse of BC 3 year route.

No difference between 3 (section6(2)) or 5 (section 6(1)) year route end result.

Re: Married to naturalised citizen but separated.

Posted: Tue Sep 12, 2017 2:38 pm
by Nzshay
Thanks CR001.

I'll pass that on. Just one further question, does the AN form cover the applications under both those sections?

Thanks again.

Re: Married to naturalised citizen but separated.

Posted: Tue Sep 12, 2017 2:43 pm
by Tea_Rocket
Nzshay wrote:
Tue Sep 12, 2017 2:38 pm
Just one further question, does the AN form cover the applications under both those sections?
Yes it does.

Re: Married to naturalised citizen but separated.

Posted: Tue Sep 12, 2017 5:24 pm
by Nzshay
Thanks Tea_Rocket.

Re: Married to naturalised citizen but separated.

Posted: Wed Sep 13, 2017 2:52 am
by JAJ
CR001 wrote:
Tue Sep 12, 2017 2:09 pm
She can apply on either the 3 or 5 year route. 3 year route she needs husbands passport and she needs the marriage cert. Separated is fine as long as not divorced, if applying on spouse of BC 3 year route.

Spouses passport is not required for 3 year route- it's not obligatory for spouse to even have a passport. Other evidence of British citizenship should normally be acceptable. If spouse has a passport or naturalisation certificate but refuses to provide it- then it's a more difficult issue. In theory the Home Office could be told to go and look at their own records, but since naturalisation is discretionary they probably cannot be forced to do so.