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Separating While Waiting for SET(M) Approval and Naturalisation
Posted: Mon Oct 19, 2020 5:00 pm
by Betina
Dear Moderators and CULLINAN,
I have been a silent reader, thank you so much for the support you are providing.
I applied for Set(M) on 01/09/2020 being married to British Citizen and attended in-person appointment on 14/09/2020. We had so many problems during the 5 years of our marriage but did not get to divorce. At the time of submitting my application we had no intention to split up. However, this week (after 6 weeks of my ILR application submission) we just feel that it is not possible to carry on in this marriage and we are considering divorce.
My questions:
1- If I get my ILR approved in the next few days/weeks/months, will they revoke this from me or do they rather consider that we were really married when I submitted my application?
2- If ILR is approved soon and we will be still married and living together when I apply for naturalisation and then split after I apply. Will this be a problem?
3- do I need my husband consent and declaration signature for naturalisation same like the declaration form for ILR or is it just simpler and only few documents will be needed including a copy of husband's passport?
Thank you very much for your help in advance.
Re: Separating While Waiting for SET(M) Approval and Naturalisation
Posted: Mon Oct 19, 2020 5:55 pm
by alterhase58
I am not an expert on the ILR application rules and requirements so can only comment on point 3:
3- do I need my husband consent and declaration signature for naturalisation same like the declaration form for ILR or is it just simpler and only few documents will be needed including a copy of husband's passport?
Naturalisation is under nationality law, not immigration regulations, so different requirements.
The application is personal to you and you don't need permission from your husband. You can apply in your own right (5 years residency), or as a spouse of British citizen (3 years residency). In the latter case you would need a copy of his British passport and the marriage certificate.
Refer to the guidance:
https://www.gov.uk/government/publicati ... n-guidance
Re: Separating While Waiting for SET(M) Approval and Naturalisation
Posted: Mon Oct 19, 2020 6:09 pm
by CULLINAN
Betina wrote: ↑Mon Oct 19, 2020 5:00 pm
Dear Moderators and CULLINAN,
I have been a silent reader, thank you so much for the support you are providing.
I applied for Set(M) on 01/09/2020 being married to British Citizen and attended in-person appointment on 14/09/2020. We had so many problems during the 5 years of our marriage but did not get to divorce. At the time of submitting my application we had no intention to split up. However, this week (after 6 weeks of my ILR application submission) we just feel that it is not possible to carry on in this marriage and we are considering divorce.
My questions:
1- If I get my ILR approved in the next few days/weeks/months, will they revoke this from me or do they rather consider that we were really married when I submitted my application?
2- If ILR is approved soon and we will be still married and living together when I apply for naturalisation and then split after I apply. Will this be a problem?
3- do I need my husband consent and declaration signature for naturalisation same like the declaration form for ILR or is it just simpler and only few documents will be needed including a copy of husband's passport?
Thank you very much for your help in advance.
1) As long you were married and had the intention to carry on with the marriage at your date of application you are fine. Your husband signed the consent declaration anyways. Divorce proceedings can take long anyways.
2) You are free after ILR. Not anymore a dependent on your husband (for immigration related applications).
3) As @Alterhase58 said, if you wait 12 months on your own ILR, you can apply for Naturalisation in your own right (given you get ILR first). You do not need your husband’s documents or consent then.
Re: Separating While Waiting for SET(M) Approval and Naturalisation
Posted: Tue Oct 20, 2020 11:13 am
by Betina
@CULLINAN and @alterhase58
Many thanks for your prompt answers. This is very helpful.
Re: Separating While Waiting for SET(M) Approval and Naturalisation
Posted: Tue Oct 27, 2020 4:49 pm
by Betina
CULLINAN wrote: ↑Mon Oct 19, 2020 6:09 pm
1) As long you were married and had the intention to carry on with the marriage at your date of application you are fine. Your husband signed the consent declaration anyways. Divorce proceedings can take long anyways.
2) You are free after ILR. Not anymore a dependent on your husband (for immigration related applications).
3) As @Alterhase58 said, if you wait 12 months on your own ILR, you can apply for Naturalisation in your own right (given you get ILR first). You do not need your husband’s documents or consent then.
Dear CULLINAN
I have one more questions:
1- What if one of us move out from the house shortly (before SET(M) application decision), should I inform the Home Office of the separation? Would this affect my SET(M) application?
2- If my husband calls the Home Office and try to withdraw the application. Would he be able to do so?
Thank you very much in advance.
Re: Separating While Waiting for SET(M) Approval and Naturalisation
Posted: Tue Oct 27, 2020 4:57 pm
by CULLINAN
1) No. Separation is not divorce.
2) Yes. If he calls or contacts HO that the relationship has broken down, it could cause problems but it is up to HO what they decide then. He can not withdraw the application though, he is not the applicant.
Re: Separating While Waiting for SET(M) Approval and Naturalisation
Posted: Tue Oct 27, 2020 5:19 pm
by Betina
CULLINAN wrote: ↑Tue Oct 27, 2020 4:57 pm
1) No. Separation is not divorce.
2) Yes. If he calls or contacts HO that the relationship has broken down, it could cause problems but it is up to HO what they decide then. He can not withdraw the application though, he is not the applicant.
Thanks CULLINAN.
Not good news as he has the ability to do that.
I thought as long as we were genuinely married and together on 01/09/2020 (date of application), he would not have an impact on the application outcome while awaiting for decision? Please correct me if I am wrong.
Re: Separating While Waiting for SET(M) Approval and Naturalisation
Posted: Tue Oct 27, 2020 5:26 pm
by CULLINAN
Betina wrote: ↑Tue Oct 27, 2020 5:19 pm
CULLINAN wrote: ↑Tue Oct 27, 2020 4:57 pm
1) No. Separation is not divorce.
2) Yes. If he calls or contacts HO that the relationship has broken down, it could cause problems but it is up to HO what they decide then. He can not withdraw the application though, he is not the applicant.
Thanks CULLINAN.
Not good news as he has the ability to do that.
I thought as long as we were genuinely married and together on 01/09/2020 (date of application), he would not have an impact on the application outcome while awaiting for decision? Please correct me if I am wrong.
Technically yes, but if he calls HO and withdraws his
consent (not the application), HO has the final discretion how to take it forward.
Since, your decision is not made yet, although a separation, or living separately at this point will not have any impact as you met all the requirements at the date of application, however, him contacting HO and withdrawing his
consent may do some damage.
However, I know someone who had a similar situation, the HO was contacted but they still went ahead and processed the ILR (it is purely HO’s discretion). Your husband can only contact HO but has no control over HO’s discretion/decision.
Re: Separating While Waiting for SET(M) Approval and Naturalisation
Posted: Tue Oct 27, 2020 5:29 pm
by Betina
CULLINAN wrote: ↑Tue Oct 27, 2020 5:26 pm
Betina wrote: ↑Tue Oct 27, 2020 5:19 pm
CULLINAN wrote: ↑Tue Oct 27, 2020 4:57 pm
1) No. Separation is not divorce.
2) Yes. If he calls or contacts HO that the relationship has broken down, it could cause problems but it is up to HO what they decide then. He can not withdraw the application though, he is not the applicant.
Thanks CULLINAN.
Not good news as he has the ability to do that.
I thought as long as we were genuinely married and together on 01/09/2020 (date of application), he would not have an impact on the application outcome while awaiting for decision? Please correct me if I am wrong.
Technically yes, but if calls HO and withdraws his
consent (not the application), HO has the final discretion how to take it forward.
Since, your decision is not made yet, although a separation, or living separately at this point will not have any impact as you met all the requirements at the date of application, however, him contacting HO and withdrawing his
consent may do some damage.
However, I know someone who had a similar situation, the HO was contacted but they still went ahead and processed the ILR (it is purely HO’s discretion). Your husband can only contact HO but has no control over HO’s discretion/decision.
Massive thank you CILLINAN.
Re: Separating While Waiting for SET(M) Approval and Naturalisation
Posted: Tue Oct 27, 2020 5:31 pm
by CULLINAN
How long have you been in UK? Do you by any chance qualify on 10 year LR route?
Re: Separating While Waiting for SET(M) Approval and Naturalisation
Posted: Tue Oct 27, 2020 8:43 pm
by Betina
CULLINAN wrote: ↑Tue Oct 27, 2020 5:31 pm
How long have you been in UK? Do you by any chance qualify on 10 year LR route?
9 years and 4 month :/
Re: Separating While Waiting for SET(M) Approval and Naturalisation
Posted: Tue Oct 27, 2020 8:44 pm
by CULLINAN
Betina wrote: ↑Tue Oct 27, 2020 8:43 pm
CULLINAN wrote: ↑Tue Oct 27, 2020 5:31 pm
How long have you been in UK? Do you by any chance qualify on 10 year LR route?
9 years and 4 month :/
Stay positive and hopefully you both can sort it out. Good luck.
Re: Separating While Waiting for SET(M) Approval and Naturalisation
Posted: Tue Oct 27, 2020 9:32 pm
by Betina
CULLINAN wrote: ↑Tue Oct 27, 2020 8:44 pm
Betina wrote: ↑Tue Oct 27, 2020 8:43 pm
CULLINAN wrote: ↑Tue Oct 27, 2020 5:31 pm
How long have you been in UK? Do you by any chance qualify on 10 year LR route?
9 years and 4 month :/
Stay positive and hopefully you both can sort it out. Good luck.
Thank you very much
