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queries regarding citizenship please
Posted: Tue Nov 01, 2011 1:49 pm
by guyintheuk
Hi there,
I have got my ILR (5 years work permit) in august 2011 and I'm looking to submit for my citizenship next august... I have two queries if any one can answer me please:
1- I'm married outside of the UK but I have been living in the UK alone without my wife... should I declare this in any way in my application ? and if it will affect my application?
2- there is a risk of losing my job due to bad situation in my company so is it going to affect my citizenship ?
thanks alot
Posted: Tue Nov 01, 2011 2:29 pm
by Backer
1. The details of your spouse and present address are required by the AN form. I don't think it will by itself effect your application if no other concerns about future intentions are raised (for example, if you don't or only partly fulfil the abscense out of the UK criteria)
2. No.
Re: queries regarding citizenship please
Posted: Tue Nov 01, 2011 2:43 pm
by Jambo
guyintheuk wrote:
1- I'm married outside of the UK but I have been living in the UK alone without my wife... should I declare this in any way in my application ? and if it will affect my application?
In the application form you are asked to provide your wife address (in the UK or overseas) so you will effectively declare it.
This might raise questions about your
future intentions.
2- there is a risk of losing my job due to bad situation in my company so is it going to affect my citizenship ?
No. There is no requirement to be in employment when applying.
Posted: Wed Nov 02, 2011 1:11 pm
by guyintheuk
ok .. but what kind of questions ??? what should i do ??? she is not living in the UK... maybe in future she will join me here .,.. but any suggestions about what can i do regarding this ???
Posted: Wed Nov 02, 2011 2:08 pm
by Jambo
Have you read the link I referred to? In particular 2.2.5 & 2.2.6.
The HO will not grant naturalisation to people not intended to be part of the UK in future. As your spouse lives abroad, this cast doubts on your future intentions.
Posted: Wed Nov 02, 2011 5:30 pm
by Backer
I would not worry too much.
If HO inquires, you can give the same answer you gave here (i.e. she will join me one day).
I don't think this will fail your application but the worst that can happen is you loose your application fee.
Posted: Thu Jul 05, 2012 7:56 pm
by guyintheuk
just to ask the question agian ...
now me and my wife are separated and we didnt meet for two years ..
how can i prove that to the HO ?
Posted: Thu Jul 05, 2012 11:01 pm
by asim72
Why would you want to prove it to UKBA?
Posted: Fri Jul 06, 2012 3:17 am
by geriatrix
guyintheuk wrote:does anybody submitted for citizenship while his wife is living abroad ...
and what is the result ?
Please any body can help..
Posted: Fri Jul 06, 2012 12:13 pm
by asim72
My close friend did last year, after being on work permit and then tier2 and then ILR. No questions were raised.
By no means I am saying that you are guaranteed the same outcome though.
Posted: Fri Jul 06, 2012 1:56 pm
by guyintheuk
the problem is that Im scared the case worker will think that I'm not going to stay in the UK and therefore will refuse my application.
Im married 4 years ago and we had relation until 2010 after that I have no relation with her and she didnt want to come and live here.
now I dont know how to do regarding my application
any suggestions ?
Posted: Fri Jul 06, 2012 2:14 pm
by geriatrix
guyintheuk wrote:Im married 4 years ago and we had relation until 2010 after that I have no relation with her and she didnt want to come and live here.
2.2.5 wrote:• it is apparent that the couple are content to live apart for the foreseeable future
So, explaining the situation about your relationship may help prove the above.
guyintheuk wrote:1- I'm married outside of the UK but I have been living in the UK alone without my wife
Since when? has your wife ever come to the UK and lived with you (even for a short period)?
Posted: Fri Jul 06, 2012 2:19 pm
by asim72
It does say in guidance that if you relationship has broken down, then your wife living abroad won't count against you.
If your relationship has not broken down, then your wife may well join you in UK after x amount of time.
Now I do not think that you will find any kind of case law, because there is no appeal as such for naturalisation application, to give you a clear cut answer so you know in black and white what to do.
I would say, that if you think your are not going to get back ever with your wife then start divorce proceedings from UK. Divorce proceeding papers and a letter pointing out total breakdown of relationship will do your job.
If you think that you might get back with your wife one day, then you may do a trip to India, and then once back and applied for naturalisation, you may have a valid argument and explanation that your wife will join you in UK in x amount of time etc etc.
Posted: Fri Jul 06, 2012 2:48 pm
by guyintheuk
she came in 2010 for 10 days
she came via visit visa
after that she didnt come at all
also we married in 2008
from 2010 until now we didnt meet
Posted: Fri Jul 06, 2012 3:08 pm
by geriatrix
guyintheuk wrote:she came in 2010 for 10 days
she came via visit visa
after that she didnt come at all
also we married in 2008
from 2010 until now we didnt meet
sushdmehta wrote:guyintheuk wrote:Im married 4 years ago and we had relation until 2010 after that I have no relation with her and she didnt want to come and live here.
2.2.5 wrote:• it is apparent that the couple are content to live apart for the foreseeable future
So, explaining the situation about your relationship may help prove the above.
Your choice whether you wish to apply without an explanation or with one. In my opinion, an explanation will only help prove that you two have not lived together in a marital relationship since 2007 (?), that the relationship may have broken down permanently even though you two are still legally married, and that your future intentions to remain in UK should not be judged only on the fact that your wife is not living with you but should be assessed based on the fact that you have lived in the UK since 2007 alone, you have made it your home and you work here and will continue to do so in the future.
IMHO ...
Posted: Fri Jul 06, 2012 6:47 pm
by guyintheuk
as i understand from you ..
i will submit the application and say im separated based on the facts mentioned above.
what do you think ?
Posted: Thu Jul 12, 2012 8:47 pm
by guyintheuk
asim72
which guidance you meam ? could you please tell me where is it ?
Posted: Mon Jul 16, 2012 1:57 pm
by guyintheuk
I have called a divorce solicitor today and they said divorce procedure may take up to 6 months.
is it better to start divorce procedure ? any suggestions ?
Posted: Mon Jul 16, 2012 2:34 pm
by mcovet
Just for those people who are married to a Brit who is abroad, your situation would be different to the OP's.
Applying under section 6(2) and schedule 1 does NOT specify the future links to the UK of those applying under 6(2).
Paragraph 1(d)(i) of Schedule 1 only applies to s.6(1) so only the fact of the marriage to a Brit and qualifying stay, good character etc. is required for s.6(2) applications based on marriage to a Brit.