Immigrationboards.com

Hi all,
I was delighted to see this forum. I have a pressing worry om my mind. I feel used and abused. My so called husband just got his ILR in August 2011. He moved out August 2011 and left me with a baby. I am in the process of applying for legal seperation. Is there a possibility that with this seperation in place, he will still be able to apply for his British Citizenship after 1 year or 3 years.
I am so angry because he played me all along and now left me with a baby. A lot of women go through this and end up raising a child on their own. While these men fraudulently benefit from the system by deceiving a lot of british women.

I just feel it is not fair that he will still be able to get his British Citizen. Can somebody please clarify if this is possible. And I have just found out it appears he has been married before with two children back home in Africa. Can anybody tell me the best way to deal wth this as I do not feel he is qualified to be a British Citizen and get away with it.

Thanks in advance.

Once your husband (or ex husband) received ILR then he can apply for citizenship on his own merit without any connection to you. In that case he will need to have lived in the country for at least 5 years and have ILR for at least one year.

If as you claim he was still married when he married you and presumably he stayed in the country on a spousal visa and received ILR based on your marriage then, in that case, he deceived the home office and his current status (of ILR) might be taken away from him.

Unless you divorce, he can apply for BC even while you are legally separated after 3 years legal residence in the UK. Otherwise he will have to apply under standard regulations after 5 years.
As has already been suggested, if he had previously married (and not divorced) without your knowledge, you may be able to report a false application to the Home Office.

Casa wrote:Unless you divorce, he can apply for BC even while you are legally separated after 3 years legal residence in the UK.

Not sure this statement is accurate because I believe he would require cooperation of the British spouse (like her passport, for example) which I believe he is not likely to get in the current state of affairs.

Well basically from the very beginning your marriage was a sham marriage to your husband, so in this case he obtained his spouse visa and ILR fraudulently. I am not sure if you can prove that his intentions were dishonest all alone, but maybe it’s worth letting Home Office know about his lies. But on the other hand it may damage you because if Home office starts investigation you most likely will have to prove that you are an innocent victim in this situation and not voluntary participant in a sham marriage. Your best way to find out if he was not definitely divorced before he married you. In this case I think Home Office will be happy to strip him off his ILR and deport him.
Difficult situation and I completely understand your feelings.
Best of luck

It can be possible with the marriage certificate.