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Joint OR Two Single Applications? - No Marriage Certificate

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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nnj10
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Joint OR Two Single Applications? - No Marriage Certificate

Post by nnj10 » Tue Apr 16, 2013 12:07 pm

Looking at the list of documents required for naturalisation application using form AN - which says that for joint applications marriage certificate is required (Section 9 pg. 15 on form AN), although there is no section 9 on the form itself (!) but it still specifies as a required document.

Both myself and wife got ILR last year (based on 5 year Tier-1 and dependent respectively) and our understanding is that once ILR is granted all adults are independent to apply for naturalisation and are treated in their own respect without any dependency.

Only benefit of making a joint application is the reduction in fees (now not so much after fee hike earlier this month).
For our ILR application last year there was no requirement of providing marriage certificate; just a proof that both partners are in continued relationship.
I can provide similar proof but NOT the marriage certificate which is required according to form AN.

Questions are as follows:

1) Can we both make an independent application without any negative effect on outcome of the same?
2) Can we both apply at the SAME TIME but as above sole application as opposed to joint?
Or do we need to apply one by one – i.e. once one application is approved a second application can be made by the remaining of the two.

The reason is marriage certificate is misplaced, and non British nationals’ incl. commonwealth citizens are not allowed to re-marry in UK.
Also as far as I know we cannot (legally) obtain duplicate marriage certificate from my home country.
There is also a name difference in passport and name on marriage certificate.
Name on passport includes a suffix which is present on ALL my documents where as on marriage certificate the name does not include my suffix (Kumar if anyone is curious).
So even if I find my marriage certificate there is bound to be a name mis-match which may not make things easier for naturalisation application.
For exactly the same reason I submitted an affidavit 6 year ago while I applied for Entry Clearance from my home country, but not sure that will be valid if I can find it now.

I am happy to sacrifice the 25% reduction in joint application as long as the outcome is not affected.
Don’t know what the best way of making our naturalisation application is?
I also wonder possibility of making a joint application WITHOUT marriage certificate.
Information and/or advice provided by me is of general nature and is not intended to substitute for informed professional legal or other professional advice.

nnj10
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Post by nnj10 » Tue Apr 16, 2013 8:34 pm

I have done some digging of my own on UKBA website.
According to UKBA Nationality Instructions (Staff Guidance) marriage certificate is a required document for naturalisation application.

Exact wordings on Para 18.4.5 on pg. 10

18.4.5 Any evidence already on the file should be taken into account. If documents have been seen and noted in the past it is not always necessary to ask to see them again. If the applicant's marriage/civil partnership, or a parent and child relationship, has been accepted as valid by an Entry Clearance Officer, Immigration Officer, Home Office official, or any tribunal or court in the UK, there is no need to ask for further evidence unless there is cause to doubt the previously accepted position. It should be noted, however, that on occasions a subsisting relationship is accepted for immigration purposes, whereas for nationality purposes a valid marriage/civil partnership is needed.
Information and/or advice provided by me is of general nature and is not intended to substitute for informed professional legal or other professional advice.

linkers
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Post by linkers » Wed Apr 17, 2013 9:50 am

Hmm, does that mean marriage certificate is not needed for most applications but is required for the Citizenship application ?

drzeevoh73
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Post by drzeevoh73 » Wed Apr 17, 2013 10:05 am

What about applying jointly but explaining your situation on pg 13.
Although you both can apply seperatley at the same time but that might create unnecessary confusion about your application. Have got kids?? I guess if applying with kids and all might substantiate your case.
Good lukck anyways. :)

nnj10
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Post by nnj10 » Wed Apr 17, 2013 9:03 pm

drzeevoh73 wrote:What about applying jointly but explaining your situation on pg 13.
Although you both can apply seperatley at the same time but that might create unnecessary confusion about your application. Have got kids?? I guess if applying with kids and all might substantiate your case.
Good lukck anyways. :)
Kids have already got their british passport.
For child born in UK after 2006 to a mother who has ILR doesn't need to provide marriage certificate. So there was no problem.

My best bet would be to make 2 single applications I reckon.
Information and/or advice provided by me is of general nature and is not intended to substitute for informed professional legal or other professional advice.

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