Divorce and Citizenship Application

[Tafika Bath]

I first came to UK in 2006 as a dependent of my wife who was a HSMP holder. In 2010 both of us were awarded ILR. We were eligible to apply for citizenship in 2011, but we unfortunately didn’t.

I am planning to apply for Citizenship now, but I am in a doubtful situation due to the status of our marriage. We had a nice marriage life since we married in 2006. My wife moved to our original country (Indonesia) in early 2012. Unfortunately, she filed a divorce case in mid of 2012 which is still on-going. Decree Nisi has already been issued, but not the decree absolute.

I seek advice for the following things:

1. I am planning for citizenship apply under five year qualification period. It has already been 2 years + 10 months since ILR was granted to us. We were physically together for 1 ½ years since ILR. I wonder if my citizenship application will fail as I am going to divorce from my wife who was the original visa holder and because of her that I got ILR. If someone can provide a good advice in this regard, it will be very much appreciated.

2. I am not sure if I need to mention the status of my marriage in the citizenship application – I mean to mention that there is a divorce pending for the marriage.

Your advice will be much appreciated.

[Amber]

I first came to UK in 2006 as a dependent of my wife who was a HSMP holder. In 2010 both of us were awarded ILR. We were eligible to apply for citizenship in 2011, but we unfortunately didn’t.

I am planning to apply for Citizenship now, but I am in a doubtful situation due to the status of our marriage. We had a nice marriage life since we married in 2006. My wife moved to our original country (Indonesia) in early 2012. Unfortunately, she filed a divorce case in mid of 2012 which is still on-going. Decree Nisi has already been issued, but not the decree absolute.

I seek advice for the following things:

1. I am planning for citizenship apply under five year qualification period. It has already been 2 years + 10 months since ILR was granted to us. We were physically together for 1 ½ years since ILR. I wonder if my citizenship application will fail as I am going to divorce from my wife who was the original visa holder and because of her that I got ILR. If someone can provide a good advice in this regard, it will be very much appreciated.

2. I am not sure if I need to mention the status of my marriage in the citizenship application – I mean to mention that there is a divorce pending for the marriage.

Your advice will be much appreciated.

Your divorce makes no difference as you are not applying as the spouse of a BC. See http://www.ukba.homeoffice.gov.uk/briti ... uirements/ for the standard requirements

[Tafika Bath]

Thank you very much for your reply Guru. Do you think I should still clearly describe the status of my marriage in the citizenship application OR is that OK to go on as I am still married (as Decree Absolute has not been issued yet) without mentioning anything else? In the second option, I can let the UKBA know about change of my marital status if the decree absolute is issued while my citizenship application is processed.

Your advice will be very much appreciated.

Thank You

[Amber]

Thank you very much for your reply Guru. Do you think I should still clearly describe the status of my marriage in the citizenship application OR is that OK to go on as I am still married (as Decree Absolute has not been issued yet) without mentioning anything else? In the second option, I can let the UKBA know about change of my marital status if the decree absolute is issued while my citizenship application is processed.

Your advice will be very much appreciated.

Thank You

Your marriage is not relevant to your application and you are not divorced until decree absolute is issued.

[mealos]

As D4109125 has explained there is no way you can be refused on that grounds. In fact, just to assure you with a practical example: my best friend has earned her citizenship a month ago or so, just in the similar situation as yourself..

By the way, please accept my sympathy for your situation, must be so hard mate.. wish you patience and may things get sorted out as painlessly as possible.

[Tafika Bath]

Dear mealos,

Many thanks for the information and kind words. Very much appreciated. I of course am passing a hard time in my life.

[anush23]

similar question -

What should I write as a status on the citizenship application if my divorce is in progress but I havent got the absolute...

married, separated or divorced ?

Regards

[njoy1987]

ur divorsed after decree nisi put divorced

[anush23]

Sorry if I was not clear earlier.

I meant if I have filed the petition but haven't got the decree nisi or absolute but not staying with my partner?

Regards

[Amber]

ur divorsed after decree nisi put divorced

No you're not, it's after the decree absolute!

[anush23]

D4109125,

Thanks

So what will the status be ?

[Amber]

If you have not been issued a de facto separation by the courts then married, but supply information that your are divorcing and the decree nisi has been granted. That should rebut any assumption that your future intentions are not in the UK.