Immigrationboards.com

Hi

I have applied for ILR on 10 year route and got it 3 years before. Got marital disputes and spouse has filed false criminal case against me ( 498 A) in India . I have clearly called the situation in my ILR application earlier on the complaint .

There was no progress made with case and spouse is not coming for any compromise .Given the situation It appears to be this would take time for resolving the issue but in parallel i have filed for divorce proceedings. Can I still go ahead and apply for British citizen ship given the situation as I dont feel the case getting resolved at the earliest...Iam continuously staying in UK from past 1 year ( after ILR of 3 years) meeting the 90 days out of country rule.

Do you see any risk in applying for citizenship given the case is still open...

Another query - I understand the British passport is next step after British citizen , but does it make any difference between british citizen ship and naturalisation terms called out in many forums...

Naturalization is the process of applying for British citizenship. You'll get a naturalization certificate (in this case) once/if your application is successful.

Even if the court case in India still open , Can I apply for British citizen ship now ? Do we have any risk in applying or consider to wait until case is resolved ?

In India the marital dispute case is considered as criminal case ( 498 A).

Yes you can apply, divorce disputes don’t count as criminal case in the UK, they are civil matters.

Johni Ibrahim wrote: ↑

Wed Jan 10, 2024 12:36 pm

Even if the court case in India still open , Can I apply for British citizen ship now ? Do we have any risk in applying or consider to wait until case is resolved ?

In India the marital dispute case is considered as criminal case ( 498 A).

FYI naturalisation is a fully discretionary process, you are not entitled to British citizenship. The secretary of the state can reject it for any reason they see fit. Your personal history and conduct will be looked at to see if the grant of citizenship is appropriate. You may apply for such application and the home office may delay your application until such dispute is resolved. They may not even care about it. This is all up to them

Thank you , is it worth waiting for the case to be resolved before I apply for citizen ship ? I already got the ILR before 3 years and I did call out the issue in my ILR application .

It really comes down to how much is British citizen worth to you. And what benefit you get from waiting years for a resolution?
You already disclosed it for ILR so why not for naturalisation. You risked it for ILR which is much more expensive.
Just my personal thoughts.

It's not a criminal dispute. I can't think of a reason why the HO would care if an applicant was getting divorced (unless there was some kind of violence or not wanting to provide for a child). I don't see a strong reason to delay the application.

contorted_svy wrote: ↑

Fri Jan 26, 2024 8:45 am

It's not a criminal dispute. I can't think of a reason why the HO would care if an applicant was getting divorced (unless there was some kind of violence or not wanting to provide for a child). I don't see a strong reason to delay the application.

Section 498A in the Indian Penal Code deals with cruelty towards a married woman by her husband or his relatives. It's a legal provision addressing dowry-related harassment and cruelty.

Apologies - I had misread. Ultimately it is the HO call on what to do. I agree with @alterhase though, you disclosed it for your ILR and it was OK, so worth trying.

contorted_svy wrote: ↑

Fri Jan 26, 2024 3:11 pm

Apologies - I had misread. Ultimately it is the HO call on what to do. I agree with @alterhase though, you disclosed it for your ILR and it was OK, so worth trying.

I would suggest him hire a solicitor for this matter. There are no good character requirements for ILR applications. It was ok for ILR doesn't mean it will be OK for citizenship application.

Hearty thank you for the advise ... will act accordingly

Don’t use a lawyer - you don’t need their input. Unless you are formally prosecuted then a pending case is just that.