Naturalization via Domestic DV

[sumi34]

Hi Experts

I got my ILR March 2019 via DV AND TOTAL period in uk 3.5 years i spent in UK but still not divorced yet still in married with British National not living togather
I consult some very famous solicitos they said that i have to complete 5 years in UK before apply to Naturalization

But i seen here on this forum many peoples had their application done after 3.5 years with DV Situation like mine and got success
My question is can i apply Naturalization now or i have to wait 5 years?/

If yes then i have only my Husband copy of passport and copy of his Naturalization certificate don't have original Is that enough for my application.
I will be very Thankful to all experts here if they be kind with me as well and guide me right way to apply my Naturalization
Regards
Sumi

[CULLINAN]

If you are still married (also at date of application) AND have access to COPY of your husband’s British passport and marriage certificate (no originals needed), yes you can apply for Naturalisation as per Section 6(2) BNA 1981. 3 years residence will apply for you.

Read the AN guidance to understand the specifics of the residence requirements.

Also see a successful similar case:
british-citizenship/naturalisation-thro ... 90407.html

If you want to apply in your own right as per Section 6(1) BNA 1981, you will have to wait until you complete 5 years residence in UK. 5 years residence will apply then but you will not need any copy of your husband’s passport and marriage certificate.

[sumi34]

Hi Cullinan
Very thank you you replied positive way
yes i am still married and have his copy of passport and naturalization certificate
which form i have to fill for this because i checked AN form they are asking in this 5 years address in UK AND every thing they are 5 years record

Can you guide me in this regards

Sumii

[CULLINAN]

Hi Cullinan
Very thank you you replied positive way
yes i am still married and have his copy of passport and naturalization certificate
which form i have to fill for this because i checked AN form they are asking in this 5 years address in UK AND every thing they are 5 years record

Can you guide me in this regards

Sumii

You will need a copy of the marriage certificate also. You will fill the AN form.
Maybe just clarify in the notes and select yes to 5 year address history question to bypass the question?

[sumi34]

I STARTED filling form and i mentioned i am separated not living togaether

and i am surprised in whole form they didn't asked my husband details and i reached in declaration

is it possible they didn't asked my British husband details

[CR001]

Be careful that you do not select separated if the option says "legally separated". They are two very different things.

[sumi34]

what you means CROO1
I appreciated your guidance
If i can not mention separated then what i have to mention ?????????

this application based on domestic violence

[sumi34]

and there is no option legally separated
only Married/ divorced/ separated
so in my case which option i have to pick ?

[CR001]

You can only apply with less than 5 years residence if you are married to a British citizen. Otherwise you fail to meet the 3 years spouse of British citizen requirment.

If applying based on 3 years spouse of British citizen, you are required to submit your spouse documents and complete their details in the form

[CULLINAN]

Be careful that you do not select separated if the option says "legally separated". They are two very different things.

Options:

[sumi34]

I CHOSSED Married because i m not divorced still married living separated
but will it effect if our addresses are different ?

[CR001]

I CHOSSED Married because i m not divorced still married living separated
but will it effect if our addresses are different ?

No issue. I had the exact same.

[sumi34]

Appreciated for replying
Its mean home office will not have an issue before i had applied application for ILR due to Domestic Volience
and now i am applying for behalf wife of British citizen

please help me

[CR001]

No, they should not.

[sumi34]

Hi
my application needs all addresses proof but i don't have two of my address proof please guide me in this regards any guidance will be appreciated

[sumi34]

WELL then what was result of your application they considered or understand different addresses?///

I CHOSSED Married because i m not divorced still married living separated
but will it effect if our addresses are different ?

No issue. I had the exact same.

[CR001]

I was approved within 5 weeks because at the time I was still married to a British citizen.

There is NO requirement to be living with your spouse. The requirment to apply based on 3 years is to be married to a British citizen.

[sumi34]

Thanks for your help
they are asking my husband passport or his naturalization certificate
Problem is this i cant provide original i just have only his copies
what you will suggest in this situation ?

I was approved within 5 weeks because at the time I was still married to a British citizen.

There is NO requirement to be living with your spouse. The requirment to apply based on 3 years is to be married to a British citizen.

[CR001]

All documents are scanned and uploaded digitally. Nothing is submitted in original format.

[sumi34]

All documents are scanned and uploaded digitally. Nothing is submitted in original format.

proof of freedom from immigration time restrictions???

Can someone tell me what is this document?????

[CR001]

Your ilr brp card!!

[sumi34]

All documents are scanned and uploaded digitally. Nothing is submitted in original format.

when i tried to upload documents on sopra partner site
first document they asked to upload " Application Proof " what is this document ?
please help me

[sumi34]

Your ilr brp card!!

Yes but they are asking also Current Biometric Residence Permit
i believe they both are same thing

[sumi34]

I got appointment for my submission of my documents
i need to ask that I need to write cover letter with required documents or not important ?

Like i have to clear them that i am applying for 3 years route as wife of British citizen as my own rights

[CULLINAN]

I got appointment for my submission of my documents
i need to ask that I need to write cover letter with required documents or not important ?

Like i have to clear them that i am applying for 3 years route as wife of British citizen as my own rights

No cover letter is needed. If you input your husband’s nationality as British and declared you are married, the AN form will by default generate a checklist as per Section 6(2) BNA 1981.