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Hi
I am married to a citizen of a European Economic Area (EEA)
I am from South America.

I have lived in UK on a spose visa for 5 years and in June 2009 i applied for ILR and that came through in July 2009.
Its for 10 years and no restrictions.

The situation is that I am not sure if me and my husband are to continue together. He very much want to head home to his country.

My Question is:
1. As i have ILR now, I belive my right to remain is no longer depending on me beeing married. I understand that I have the right to remain no matter my maritial status. Is that correct?

2. When can i apply for Naturalization based on that i got my ILR in August 2009. I do not understand "During the residential qualifying period". is this period from i got ILR untill I apply for naturalization?

3. If I understand the process correct, I can then apply in August 2010 and if we say that it takes 6 months where they review my case (+/-) I can then expect to get my naturalization Jan/Feb 2011. Does this sound correct?

4. Is Naturalization the same as then getting the UK passport or is that a seperate application I have to make when i get my Naturalization through.

At the end, I do belive we are going to stay together but I am worried what happens if.. Thats the reason I would be very happy if someone take some time to answer my questions.

Thanks alot

brann1 wrote:Hi
I am married to a citizen of a European Economic Area (EEA)
I am from South America.

I have lived in UK on a spose visa for 5 years and in June 2009 i applied for ILR and that came through in July 2009.
Its for 10 years and no restrictions.

The situation is that I am not sure if me and my husband are to continue together. He very much want to head home to his country.

My Question is:
1. As i have ILR now, I belive my right to remain is no longer depending on me beeing married. I understand that I have the right to remain no matter my maritial status. Is that correct?

2. When can i apply for Naturalization based on that i got my ILR in August 2009. I do not understand "During the residential qualifying period". is this period from i got ILR untill I apply for naturalization?

3. If I understand the process correct, I can then apply in August 2010 and if we say that it takes 6 months where they review my case (+/-) I can then expect to get my naturalization Jan/Feb 2011. Does this sound correct?

4. Is Naturalization the same as then getting the UK passport or is that a seperate application I have to make when i get my Naturalization through.

At the end, I do belive we are going to stay together but I am worried what happens if.. Thats the reason I would be very happy if someone take some time to answer my questions.

Thanks alot

1: I think that is correct. ILR usually removes all conditions from your visa, so you should be able to stay, regardless of your marital status.

2: You need to be on ILR for at least 12 months before you can apply for citizenship. Whatever your ILR is dates, you can apply the day before that. If your ILR is dated 2 August 2009, you can apply for citizenship on 1 August 2009.

3: Yes.

4: Passport is a separate application. You can apply for the passport once you have received your citizenship. According to the website, the process takes about 6 weeks (may be sooner) to get the passport and you have to go to an interview for that.

Hope this helps.

Ray

brann1, you have not got ILR! What you have is PR ..... permanent residence .... the EU-route equivalent. Nevertheless once you have PR status for one year you can apply for Naturalisation as British.

The fact that your spouse wants to leave the UK makes no difference to your ability to apply for Naturalisation. Assuming you want to follow your spouse to their country, it makes obvious sense for you to stay in the UK until you are British, because armed with a British passport you will have your EU Treaty Rights to live and work in your spouse's country.

Hi Thanks for your reply
This was very helpfull and i feel more clear about it now

Thanks