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Divorce affecting naturalisation
Posted: Wed Feb 17, 2010 2:22 pm
by mirnat
I am married to a British Citizen, I have indefinite leave to remain and was due to apply for naturalisation at the end of March when I will have been resident here in the UK for 3 years. However, it looks like my wife wants a divorce so I just want to know, can I apply for naturalisation as a British Citizen despite our divorce? Someone told me that I can apply after I have been resident in the UK for 5 years.
Posted: Wed Feb 17, 2010 6:17 pm
by John
Yes you can apply using the 3-year rule .... until you cease to be married to a British Citizen .... when the Decree Absolute is issued.
But how co-operative will your spouse be? The point is that when you apply you need to have either your spouse's British passport or, and only if they were born in the UK, their birth certificate.
If you apply using NCS the passport, or birth certificate, will be handed straight back to you.
Posted: Mon Feb 22, 2010 8:07 pm
by mirnat
Thanks for your reply John. I don't think my spouse, who was born in the UK, will be cooperative!
Someone told me that if I am resident in the UK for 5 years with indefinite leave to remain, I can apply for naturalisation without relying on my spouse. I was told that I will need my spouse's assistance to apply under the 3 year rule but not if I apply when I'm resident after 5 years. Obviously the rules change all the time and I would prefer to apply now rather than get divorced but would like to know if there is another option open to me, even in a couple of years, to become a British Citizen!
Posted: Mon Feb 22, 2010 9:20 pm
by geriatrix
Reading
this will help answer your queries regarding residential qualifying period.
regards
Posted: Mon Feb 22, 2010 9:39 pm
by John
mirnat, your spouse, were they born in the UK? And if so, you know their date of birth and where they were born?
If yes to all of that, apply for a copy of their birth certificate. That will be sufficient for your purpose. Your spouse does not need to sign your Naturalisation application form, and does not need to know that you have got a copy of their birth certificate.
Re: Divorce affecting naturalisation
Posted: Tue Jan 06, 2015 10:47 am
by km77pk
Hi,
Appreciate your help.
I am going to apply for naturlization based on 5 years residence. I was married and my ex wife came as dependent in UK.
We were separated last time in islamic way in Pakistan due to personal issues after getting ILR. Now do I need to provide any proof of divorce with my application or just mention her details in ex partner
Also am I supposed to provide change of circumstances form to Home office before applying for naturalization?
thanks