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I hope you can help with a question regarding my naturalization application. I’d like to check if I am eligible to apply.

Here’s my timeline:

Entered the UK on a visit visa as a child in 2004 (age 13)
Received my first visa in December 2015 (through giving birth to a British child)
Switched to a spouse visa in 2018
Applied for ILR in July 2023
My spouse, who is a British citizen, moved out of our home in January 2024 (currently separated)
My ILR was approved in January 2025

Given this, could I still apply for naturalization?

To add to the above, I was arrested in 2019 with a group of friends for shoplifting. I wasn’t charged, just given a caution. Could this, or the fact that I am separated from my spouse, impact my naturalization application?

Thanks in advance for your help

You need the marriage certificate and proof that your spouse is British (copy of biometrics page of his passport or his certificate of naturalisation). you will need to declare the caution and show that your character has improved (eg you volunteer, haven't reoffended since). Your application won't be affected by the fact you are separated as long as you can produce the documents I said above. Else you will be able to apply in January 2026.

I have all the documents. Will I need to select “separated” on the application?

Regarding the caution, I haven’t reoffended. Even in that instance, I didn’t do anything wrong—I was just with the wrong people. I also forgot to mention that in 2023, I was arrested because my partner lent our car to a friend, who used it to commit a crime. After months of investigation, the police gave me NFA . Should I include that as well? That said, I don’t do any volunteer—I just keep to myself.

There is no "separated" box you need to tick on your application.

I believe the NFA shouldn't be an issue, though I would declare it for peace of mind. My point about volunteering is to show you have good standing in your community and it would help to show you just were unlucky and hang out with the wrong people rather than being a persistent offender.

Thanks for confirming. Could you please send me the link to the application? The one I’m seeing has the option to select "separated" under relationship status.

You are right, the Separated option is there. I believe until you are legally divorced you can still apply so I believe the Separated option should be the correct answer in your case - but other members may shed more light on this.

Thanks... If other members could share their advice, that would be fab

Is there any other advice from the board before I submit the application? Just want to make sure picking the separated option is good to proceed. Thanks

Does it say just "separated" or does it say "legally separated" which is what the paper form says.

It’s not a paper form, it’s online, and it says "separated."

I’ve got another question, please. I just checked my ILR application, and in the section where it asks about convictions and other penalties, I answered “NO.” However, as I mentioned earlier in this chat, I had a caution back in 2019. I didn’t even know it was a caution until I requested an ARCO a few months ago for work. Does this mean I was being deceptive?

I’ve got another question, please. I just checked my ILR application, and in the section where it asks about convictions and other penalties, I answered “NO.” However, as I mentioned earlier in this chat, I had a caution back in 2019. I didn’t even know it was a caution until I requested an ARCO a few months ago for work. Does this mean I was being deceptive?

Also the question - When did you first arrive in the UK?
What date should I put? I don't want to enter the wrong one.
I entered as a minor in 2004 via a visiting visa, then overstayed. I got regularised in 2015, and since then, I have been going in and out for holidays, etc

zblake wrote: ↑

Sat Feb 08, 2025 8:31 pm

I’ve got another question, please. I just checked my ILR application, and in the section where it asks about convictions and other penalties, I answered “NO.” However, as I mentioned earlier in this chat, I had a caution back in 2019. I didn’t even know it was a caution until I requested an ARCO a few months ago for work. Does this mean I was being deceptive?

Also the question - When did you first arrive in the UK?
What date should I put? I don't want to enter the wrong one.
I entered as a minor in 2004 via a visiting visa, then overstayed. I got regularised in 2015, and since then, I have been going in and out for holidays, etc

Declare the caution in this case - don't overthink it for ILR.

How did you get regularised in 2015?

Thanks for coming back - i got regularised as the parent of a british citizen

Regarding the 'What is your relationship status?'
Should I choose married and in the address section enter my partner's new address, or should I pick the separated option? I'm really confused, please help.

zblake wrote: ↑

Sun Feb 09, 2025 8:46 pm

Thanks for coming back - i got regularised as the parent of a british citizen

What date did you get a regular visa?

zblake wrote: ↑

Sun Feb 09, 2025 9:22 pm

Regarding the 'What is your relationship status?'
Should I choose married and in the address section enter my partner's new address, or should I pick the separated option? I'm really confused, please help.

I think you should choose the separated option and enter the address at which you live. However it would be helpful if other members could confirm my interpretation would allow you to use section 6(2).

I got it in 2015.

Regarding the separation, because I am not legally separated, that is why I’m confused.

Can anyone help!

When exactly in 2025?

Oct 2015

You need to wait until Oct 2025 to apply - when your overstay will have finished after 10 years.

thanks for the info. Even though I’m still married to a British citizen, does this mean I’ll still have to wait until October 2025?

I’ve also seen the new immigration law on the tv stating that anyone who enters the UK illegally will be banned from British citizenship permanently. Will this affect me?

Waiting until Oct 2025 has nothing to do with you being married to a British citizen, rather with the fact that (I assume from what you wrote above) until Oct 2015 you didn't have a valid visa, and you regularised your stay then. If you applied before then it would be a gamble as you would have a number of factors weighing against your good character.

The new rules have been introduced this week already, so if you entered the country illegally there is nothing you can do at this stage, your application would be rejected. Can you give more detail on how you entered the country illegally? Or were you an overstayer?

I came in as a minor, so I believe I had a visa but overstayed.

Under the new rules this question becomes more crucial. If you got your first regular visa in Oct 2015 you need to wait until 2025 to have 10 years of lawful residence

With regards to applying for citizenship with a previous history of overstaying, I am copying some helpful comments from this other thread https://www.immigrationboards.com/viewt ... y#p2175941

If all three factors below apply:
"The person is applying for naturalisation as a British citizen, or registration as a British citizen under s.4(2), Section 6(1) or 6(2) of the BNA 1981 after 28 June 2022
that person holds indefinite leave to enter or remain (ILE or ILR, also known as settlement) in the UK
no concerns (for example, regarding the person’s character) have arisen since the grant of settlement which might cast doubt on the decision"

then they may disregard the overstay periods when assessing good character during the 10- year period prior to the application."

However, when these three factors do not apply, then:
"Therefore, applications where it remains appropriate to consider immigration breaches relating to lawful residence, alongside other good character factors, may include but are not limited to:
where historic information has come to light which, had it been known at the time of granting settlement, may have led to refusal
where something occurred after the grant of settlement to indicate revocation of that status may be appropriate
applications to naturalise as a British overseas territory citizen
Immigration breaches that do not relate to lawful residence (for example working in breach of conditions, hiring illegal workers, or failure to observe reporting requirements) must still be considered."

See naturalisation as British citizen by discretion (page 51)

This seems to indicate that an overstayer in the last 10 years would not receive citizenship if there is another factor to cast doubt on their character. However if there is no other factor to doubt their character then they may be granted citizenship.