Immigrationboards.com

I have a query which I need help with please. I came to England on a student visa in 1998. I got married to a British citizen in 2003 and was granted indefinate leave to remain in 2007 on the basis of my marriage. I have now had my indefinate leave to remain for 3years but have separated from my husband. We have not taken out any legal documents of seperation but no longer live together. We have a 4 year old child together who is also a British Citizen. I would like to apply for British citizenship now, but am not sure if I will be eligible since I am now seperated from my partner. Can I apply if so under which category, because of my seperation I feel I will not be able to apply as the spouce of a British citizen?????

Given the amount of time since you first arrived in the UK, and indeed you have had ILR for over one year, there is clearly no problem you applying for Naturalisation, even if the marriage to the British Citizen is ignored.

Except are you yet qualified to apply? Given the time since you got your ILR, the question is, have you already passed the Life in the UK Citizenship? Or have you still got that "pleasure" to come?

If the test has already been passed, or after it is passed, make sure you were physically in the UK exactly 5 years before UKBA will receive the Naturalisation application.

Alternatively, if your spouse is co-operative, and is prepared to lend his British passport to you for a day or two, you could apply as his spouse, and then it would be a 3-year test, not a 5-year one. The fact that the two of you are now separated is irrelevant. You are still married to him until the Decree Absolute is issued.

Thanks for your response John It is very helpful. It looks like I may have to wait for 5 years of having my ILR because at the moment my spouse and I are not in ver amicable talking terms. I am just worried that the longer I wait there will be new Govt legislation put in place with regards citizenship. Anyway, thanks again.

Babs wrote:Thanks for your response John It is very helpful. It looks like I may have to wait for 5 years of having my ILR

You don't need 5 years ILR. You need 5 years legal residence including 1 year ILR if you apply with no reference to your spouse.