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Naturalisation after ILR domestic violence

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

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marija2017
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Naturalisation after ILR domestic violence

Post by marija2017 » Thu Jan 12, 2017 4:19 pm

Hello,

I received ILR last year based on DV. I am not divorced from BC yet, and I am in UK for 3,5 years.

Can I apply to naturalise after holding ILR for one year?

If yes, I have some concerns:

1) I don't live with my husband anymore and our addresses in the application will be different. Is that a problem?

2) We are married after April 2012, therefore I was previously granted a spouse visa for 2,5 years, that was meant to be renewed for another 2,5 years. The domestic violence happened, therefore I got ILR. Not sure if I am eligible for the 3 years residency requirement or I have to wait 5 years?

noajthan
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Re: Naturalisation after ILR domestic violence

Post by noajthan » Thu Jan 12, 2017 4:37 pm

marija2017 wrote:Hello,

I received ILR last year based on DV. I am not divorced from BC yet, and I am in UK for 3,5 years.

Can I apply to naturalise after holding ILR for one year?

If yes, I have some concerns:

1) I don't live with my husband anymore and our addresses in the application will be different. Is that a problem?

2) We are married after April 2012, therefore I was previously granted a spouse visa for 2,5 years, that was meant to be renewed for another 2,5 years. The domestic violence happened, therefore I got ILR. Not sure if I am eligible for the 3 years residency requirement or I have to wait 5 years?
No need to wait 12 months if married to a BC.
Make a 6(2) of BNA application.

1) No.

2) Requirement under s.6(2) is 3 years residence.

Check it here:
https://www.gov.uk/government/uploads/s ... r_2016.pdf

As reported by other members in past year or so, HO is reasonably sympathetic to such applications.
You could explain any special circumstances or difficulties (such as getting copy of a spouse's passport from an estranged spouse) in a cogent cover letter.

Here's a similar, related case that may be of interest:
british-citizenship/naturalization-as-b ... 02749.html
Good luck.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

marija2017
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Re: Naturalisation after ILR domestic violence

Post by marija2017 » Thu Jan 12, 2017 5:13 pm

Thank you. I have difficulties getting his naturalisation certificate number and date of naturalisation.
I have a full copy of every page of his passport. Do you think that should be enough?

Thanks!

noajthan
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Re: Naturalisation after ILR domestic violence

Post by noajthan » Thu Jan 12, 2017 5:15 pm

marija2017 wrote:Thank you. I have difficulties getting his naturalisation certificate number and date of naturalisation.
I have a full copy of every page of his passport. Do you think that should be enough?

Thanks!
That may be enough.

As you can see in the case I linked, another lady faced a similar problem and only submitted a copy of hubby's passport.

Explain reason clearly and simply in a short letter to caseworker.
All should be well.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

marija2017
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Re: Naturalisation after ILR domestic violence

Post by marija2017 » Thu Jan 12, 2017 5:34 pm

Hi, I read that I can apply to obtain his naturalisation certificate instead of him.
Can you please confirm this?

noajthan
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Re: Naturalisation after ILR domestic violence

Post by noajthan » Thu Jan 12, 2017 5:37 pm

marija2017 wrote:Hi, I read that I can apply to obtain his naturalisation certificate instead of him.
Can you please confirm this?
Where did you read that?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

marija2017
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Re: Naturalisation after ILR domestic violence

Post by marija2017 » Fri Jan 13, 2017 9:57 am

Hi, sorry but I can't find it now. I read something like a wife can apply for the copy of the hubby's naturalisation certificate https://www.gov.uk/get-replacement-citi ... ertificate because it doesn't say it's forbidden to do so.

marija2017
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Home office reference number in the AN application

Post by marija2017 » Fri Jan 13, 2017 10:12 am

Hi,

I am filling in the AN form, and I have a question what to put in the first field:

"Personal Information
1.1 Please give previous Immigration and Nationality Directorate
or Border and Immigration Agency or UK Border Agency, or Home
Office reference numbers"

In my history, I had one tourist visa, one spouse visa, and ILR granted based on the DV.

I have never been rejected to get the visa.

From my best memory, the only letter I ever got from Home Office was the letter when my ILR was granted and that letter contains Home office ref number.

Kind regards,
Marija

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Casa
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Re: Naturalisation after ILR domestic violence

Post by Casa » Fri Jan 13, 2017 10:31 am

In which case provide the reference shown on your ILR letter.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

marija2017
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Re: Naturalisation after ILR domestic violence

Post by marija2017 » Fri Jan 13, 2017 10:43 am

Thanks. What is exactly the Home office reference number?

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Re: Naturalisation after ILR domestic violence

Post by CR001 » Fri Jan 13, 2017 10:46 am

marija2017 wrote:Thanks. What is exactly the Home office reference number?
Not everyone has one. If you are not sure, just leave it blank. If there is a HO reference number on your ILR letter, then write that in.
Char (CR001 not Casa)
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Casa
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Re: Naturalisation after ILR domestic violence

Post by Casa » Fri Jan 13, 2017 10:50 am

You wrote "and that letter contains Home office ref number." Provide that ref number. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

noajthan
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Re: Naturalisation after ILR domestic violence

Post by noajthan » Fri Jan 13, 2017 10:56 am

marija2017 wrote:Hi, sorry but I can't find it now. I read something like a wife can apply for the copy of the hubby's naturalisation certificate https://www.gov.uk/get-replacement-citi ... ertificate because it doesn't say it's forbidden to do so.
If you can get copy then do so.
Otherwise submit (copy of) spouse passport.
HO have proved reasonably sympathetic in such cases in the past.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

marija2017
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Re: Naturalisation after ILR domestic violence

Post by marija2017 » Fri Jan 13, 2017 11:16 am

I think I will give a go without certificate since it's very expensive.

I will let you know the outcome.

Many thanks for the clarifications.

marija2017
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Re: Naturalisation after ILR domestic violence

Post by marija2017 » Tue Feb 14, 2017 10:46 am

Hello, my address, and the address of my husband are different due to domestic violence. Should I apply for the naturalization under the discretion of the case worker? Thanks

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Re: Naturalisation after ILR domestic violence

Post by CR001 » Tue Feb 14, 2017 10:48 am

It doesn't matter if your addresses are different.

You only need to be married at the time of application (even if you are separated).
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

marija2017
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Re: Naturalisation after ILR domestic violence

Post by marija2017 » Tue Feb 14, 2017 10:55 am

Thanks, we are still married (living separated).

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