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Apply for citizenship if your spouse is a British citizen

Posted: Sun Mar 10, 2019 10:31 pm
by Stags
Hi

Please I need some advise on the following,because I was referred by a friend to ask questions regarding my situation and hopefully I might be able get some sincere answers to my questions.

I had a successful application for ILR on a 10year route last month and I was thinking of applying for my naturalisation immediately.Because, I am legally married to my wife who is a British Citizen in 2011, but unfortunately we have been separated for about three years now. We have both not filled for divorce, because she was not willing to do that or go through the process, when it was raised about a year ago by my lawyer.

In reference to my last application for ILR, my lawyer referenced we are seperated and am glad my application was ok .But, if am to apply for naturalisation on the basis of marriage or civil partnership to a British citizen.Because we are still legally married and I still have our wedding certificate and her birth certificate, but not her passport.

Questions.
1. Will it be right for me to process my application on this basis of providing our marriage certificate and her birth certificate as evidence of civil partnership to a British Citizen,despite the fact we are separated at the moment.
2. Will it be right to state on the form that we are still married,because legally we are and not officially divorced.
3. OR will it best for me to wait on my ILR for 12 months, before applying for my British Citizenship.Than having to rely on anyone, since I will not be able to request her British Passport and am not sure if her birth Certificate is sufficient in place of a BP.

Thanks

Re: Apply for citizenship if your spouse is a British citizen

Posted: Sun Mar 10, 2019 10:56 pm
by alterhase58
Stags wrote:
Sun Mar 10, 2019 10:31 pm
Hi

Please I need some advise on the following,because I was referred by a friend to ask questions regarding my situation and hopefully I might be able get some sincere answers to my questions.

I had a successful application for ILR on a 10year route last month and I was thinking of applying for my naturalisation immediately.Because, I am legally married to my wife who is a British Citizen in 2011, but unfortunately we have been separated for about three years now. We have both not filled for divorce, because she was not willing to do that or go through the process, when it was raised about a year ago by my lawyer.

In reference to my last application for ILR, my lawyer referenced we are seperated and am glad my application was ok .But, if am to apply for naturalisation on the basis of marriage or civil partnership to a British citizen.Because we are still legally married and I still have our wedding certificate and her birth certificate, but not her passport.

Questions.
1. Will it be right for me to process my application on this basis of providing our marriage certificate and her birth certificate as evidence of civil partnership to a British Citizen,despite the fact we are separated at the moment.
Your are legally married and can therefore apply on that basis, subject to having all the paperwork, copy of spouse passport required - UKVI will not judge on your marital arrangements.
2. Will it be right to state on the form that we are still married,because legally we are and not officially divorced. Yes
3. OR will it best for me to wait on my ILR for 12 months, before applying for my British Citizenship.Than having to rely on anyone, since I will not be able to request her British Passport and am not sure if her birth Certificate is sufficient in place of a BP. That option is available to you as well, and may be preferable if you can't get spouse's passport

Thanks

Re: Apply for citizenship if your spouse is a British citizen

Posted: Mon Mar 11, 2019 2:55 pm
by Stags
Thank you for your response and understanding on the situation.

Do you know if the birth certificate of the spouse can be used,if am unable to provide her British Passport?

Re: Apply for citizenship if your spouse is a British citizen

Posted: Mon Mar 11, 2019 2:56 pm
by CR001
You need a copy of the British passport, not the original.