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Hi and thanks for reading this,

I'm Croatian national who has Indefinite leave to remain (residence permit) in the UK. I got my residence since I am married to the British national. Unfortunately our marriage didn't work out at the end and we split some time after I got my residence, though we never went back in Croatia (where we got married) and officially divorce.

My question is how I should apply for British citizenship? On basis of time length (5 years begin in the UK as for people who got Indefinite leave to remain) through work permits over 4 years period) or as spouse (they can apply after 3 years being in the UK) or in some other way? if so how?

I'm here 5 years, worked all the time, pay taxes and never in my life committed any crime or offense. I am really confused what should people in my situation do: on application form for naturalization there are questions about partner and am I married or legally separated. What is legally separated?
I would really appreciate if somebody know of similar example and what he or she has done.
Any reliable experience or experienced advice is more than welcomed.
Thank you!

legally seperated = absolute decree.
If legally seperated you have to fulfill the standard requirments for naturalization (12 months ILR, 5 years residence etc.).
Have a look at the relevant section on UKBA website

Thank you Backer for getting back to me on this.

Basically, you believe in order for myself to apply for naturalization I should go back in Croatia, get divorced and than I would be able to apply for citizenship in Britain as per 5 year of the legal residence with at least one year of having ILR?

Would you know does this mean that at the moment I can apply as a spouse and legally that would be ok?

I am disappointed by the number of replies here, only one. I suppose it is slightly bizarre situation I found myself in in a legal sense that doesn't take place that often, so people can't really say anything concrete.

boro wrote:Would you know does this mean that at the moment I can apply as a spouse and legally that would be ok?.

Yes, if you are not yet divorced, you are (still) married even though living separately. And you may apply for naturalisation on that basis (married to British national at the time of application and fulfilling the requirements for spouse / partners of British citizen).

You will, however, need to access to documentary evidence to prove that your spouse is a British citizen (e.g. - passport) and that you are married to him/her (marriage certificate) in support of your naturalisation application.


regards

Thank you Sushdmehta for your reply.

I read on UKBA I can apply with my wife's birth certificate too (among all other required documents that is) and I believe she would agree to provide me as long as its all fine and legal which I aim for too if course.

Getting a marriage certificate is not an issue at all.

For me the main concern is which path to naturalization I can or have to choose.
Cheers!

boro wrote:For me the main concern is which path to naturalization I can or have to choose.

You are still married to a British citizen, so you may choose either path to naturalisation - as a spouse of British citizen or on your own merit.


regards