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Spousal Visa - ILR - Citizenship = 3 years even if divorced?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Yoda
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Spousal Visa - ILR - Citizenship = 3 years even if divorced?

Post by Yoda » Fri Nov 06, 2009 2:07 pm

I married a British Citizen in 2006 and received a spousal visa. After 2 years I qualified for my ILR. I wrote the life in UK test and got my ILR.

The rule states that after 1 year on the ILR I can apply for my Naturalisation - Citizenship so a total of 3 years.

My problem is that in June 09 I got a divorce before applying for my Naturalisation. Where does this leave me? I have approached two companies and the one said I should be able to apply for my Naturalisation even though I'm divorced and the other company stated that I am now on the 5 year rule.

With the new changes coming into place, I'd rather get this sorted ASAP - I hope someone out there can help.
THANKS!

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Casa
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Post by Casa » Fri Nov 06, 2009 2:18 pm

I believe you're now on the 5 year rule.

Living_Hell
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hi

Post by Living_Hell » Mon Nov 23, 2009 12:09 am

hi mate

I am going thru the same process. I got my ILR done. few months back and we are in teh process of divorce. my partner is threatening me by reporting me to Home office to cancel/ revoke my ILR.

do you think this may effect my current ILR status or future Citicenship etc. early reply will be appriciated

mrlookforward
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Post by mrlookforward » Mon Nov 23, 2009 3:28 am

Was your marriage working when you sent your ILR application?

Living_Hell
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ILR-Divorce

Post by Living_Hell » Mon Nov 23, 2009 10:19 am

mrlookforward wrote:Was your marriage working when you sent your ILR application?
My Marriage started crumbling when my British Partner started saying me I am from 'here'.... you from 'there'... and so on. by the ILR it was still on the same track. up and down. now my partner decided to live with family and threatening me by all sort of things etc.

I dont know what to do.. As I come from different country there is no strong base here for me.. bt going back as divorce will be disguting/and shameful for me and my family back home, thats y i dont wana go back. I feel been trapped .

Please tell me what will happened to my ILR if my partner divorce me. and will my divorce may effect me being British Citizen

goody09
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Post by goody09 » Mon Nov 23, 2009 10:38 am

Hi all, as long as you have obtained ILR visa your wife/husband will have no control over your immigiration status as well when you apply for the british citizenship, only if you did not get the ILR she report to the HO and prevent you from getting the ILR, Best wishes

mrlookforward
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Post by mrlookforward » Mon Nov 23, 2009 11:12 am

you dont have to worry about anything. when you applied for ILR you were still married to him and living with him, so no matter what he reports, you dont have to worry about anything.

Living_Hell
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Post by Living_Hell » Tue Nov 24, 2009 5:03 pm

mrlookforward wrote:you dont have to worry about anything. when you applied for ILR you were still married to him and living with him, so no matter what he reports, you dont have to worry about anything.
Can you please also tell me if my Partner divorce me before I actually apply for my citizenship... do I have to wait another 5 years to get Citizenship? or I will still in 3 years time frame?

or if the divorce process takes longer and in meantime I submit citizenship application for HO considered. Will HO reject my citizenship application as we are in the divorce process and not living together? or will I be asked to come after 5 years.

mrlookforward
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Post by mrlookforward » Tue Nov 24, 2009 5:09 pm

I can only tell you that if you do get divorced then you dont have to wait another five years. You have to count your five years from the date you entered uk as spous.
Let the experts answer abt the situation if you apply while you are separated.

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Casa
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Post by Casa » Wed Nov 25, 2009 11:12 am

If you were applying as a spouse of a British Citizen, you would have to submit their passport with your application...which I guess in the circumstances wouldn't be possible.

Living_Hell
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Post by Living_Hell » Wed Dec 02, 2009 7:15 pm

Casa wrote:If you were applying as a spouse of a British Citizen, you would have to submit their passport with your application...which I guess in the circumstances wouldn't be possible.
can I submit my Partners passport without letting my partner know? does my partner need to sign anywhere or has to be with me etc?

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Casa
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Post by Casa » Wed Dec 02, 2009 8:54 pm

If you're divorced, how are you going to submit your ex-husband's passport without his knowledge? You're on very sticky ground here...could be seen as submitting an application with false information...not to mention being in possession of a passport without the holder's permission.
Wait for the 5 years.

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Post by Wanderer » Thu Dec 03, 2009 7:35 am

Living_Hell wrote:
Casa wrote:If you were applying as a spouse of a British Citizen, you would have to submit their passport with your application...which I guess in the circumstances wouldn't be possible.
can I submit my Partners passport without letting my partner know? does my partner need to sign anywhere or has to be with me etc?
Tantamount to identity theft...
An chéad stad eile Stáisiún Uí Chonghaile....

Living_Hell
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Post by Living_Hell » Sun Dec 06, 2009 2:09 pm

Wanderer wrote:
Living_Hell wrote:
Casa wrote:If you were applying as a spouse of a British Citizen, you would have to submit their passport with your application...which I guess in the circumstances wouldn't be possible.
can I submit my Partners passport without letting my partner know? does my partner need to sign anywhere or has to be with me etc?
Tantamount to identity theft...
Thank you guys, Much Appriciated for your valuable advice. I do understand that I am on a bit of thin ground here, thats why I am feeling been used as my Spouce breaking with me before this could get sorted.

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