1 ILR, 1 potential Citizenship & 1 sadly failed Marriage

[uk1]

Hello there,

Please let me begin by saying how lovely it is of you people to be helping other people who might need your help who you could help and give advise to, Now I shall proceed to my quaries as they have been on my mind for quite some time, I'll do my best to provide you with all possible information that will help you understand my situation better;

I got married to my husband whos a british citizen on october of the year 2003, went on a Spouse Visa for one year only (I was lucky) and on the 20th of Jan. 2004 I got my ILR (20/01/04), now, 2.5 years down the line our marriage sadly took a turn towards self destruction, without getting into personal details, I dont see it getting sorted out between us, so the results will sooner or later be us having to get a divorce. We have now been seperated for just over a month, I am no longer in the UK due to needing some space and time to think, I went back to my family in my home country.

I would like to know how this will affect my ILR visa is there a chance it could be taken away from me? (I am considering to stay here for quite some time and I might go back to the uk in order not to lose my ILR [2 year rule]) is that possible to do? In the letter I got with my ILR visa its states that coming back after two years or more will only be authorized as return residency if the person can prove they mean to stay here, can you please clearify this for me?

Also I would like to know when my 3years in the UK start to count if I choose to go through the citizenship process
is it from the day I got my ILR
or 12 months after I got my ILR?

I have already been out of the UK for quite some time during the 1.5years I've had my ILR but def. not more than the required amount (which is 240 days and not more than 90 days in the 3rd year, correct?)

If I do decide to go back to the UK and continue with my citizenship process (3 year spouse) would I need my husband to do this with me?
How much attention and wieght do the HO put on the british spouse of the applicant? Do they need to be present at interviews? My husband wouldnt mind to be a part of it even if we are seperated, but would we have to lie and say that we are still happily married?

Also, If I got my ILR on the 20th of jan. 2004, what would be the earliest I could apply to citizenship?

Lastly I'd like to thank all of you upfront, this is very important for me as I am going through a hard time now, I have build a life for myself in the UK, made friends and went through some very hard times to adjust to my new home and now I feel as if im standing on shakey grounds, both because I am loosing my husband who was my whole world for the past 4 years (I'm only 21) and both because I now have to start all over and maybe even in a new country.

Thanks in advance for any advise, answer, tip or anythnig you might think would be useful in my case

[John]

Lots of questions are .... but also quite a few facts missing. For example, it is not at all clear when you first came to the UK? And with what type of visa did you first enter the UK?

Facts like that might explain the apparent paradox ..... how if you got married in October 2003 and got a one-year spouse visa did you end up getting ILR in January 2004 ... just three months later.

Would you like to correct your facts? Did you actually marry in October 2002? That would explain why your spouse visa was only for one year. Spouse visas used to be for one year, but those issued on or after 1st April 2003 are for two years.

So please supply or correct the facts and then it will be easier to answer your questions, in particular, what date did you first enter the UK?

[Chess]

UK1

So long as you meet the required residence requirements (i.e 3 years stay in the UK) and you have your ILR - you should apply for citizenship.

You will lose your ILR after 2 years unless yoiiu can show strong ties with the UK (i.e property children, etc which i suspect you dont have).

You should be able to get Citizenship (whilst separated). Am not sure about the scenario if yopu were 'divorced'

Good Luck

[uk1]

Hi there, sorry for the confusion, I did get married in 2002, didnt re-read my post before I posted it, silly mistake.

As for the date I first entered the UK (with my spouse entry clearance) it was 13th feb. 2003 (13/02/03) - Does this date make any difference? I thought I should start counting my 3 year period from the date I got my ILR or 12 months later ?

Thanks for replying, I will check in later for your updates!

[uk1]

"So long as you meet the required residence requirements (i.e 3 years stay in the UK) and you have your ILR - you should apply for citizenship. "

Chess, does this mean I could now start my citizenship process going?
-entered uk - 13/02/03
-got ILR - 20/01/04
Time past since I first entered the UK - 2 years and 3 months
So could I start the ball rolling in the next few months?
What the earliest?

[John]

UK1, lets just review the requirements. For a spouse of a British Citizen ... and assuming you post your Naturalisation application on say Tuesday 14th February 2006 and IND receive it on 15th February 2006 :-

• were you physically in the UK exactly three years before IND receive the application. Answer ... yes!
• In the three year period 15.02.03 to 14.02.06, were you out of the UK less than 270 days? The answer?
• In the one year period 15.02.05 to 14.02.06, were you out of the UK less than 90 days? The answer?
• Have you got ILR? Answer ... yes!

There is a little bit of leeway on those 270 day and 90 day figures, but not a lot.

If next February you are separated from your husband? I don't think that matters except you need to prove that you are indeed married to a British Citizen, so need some co-operation from your husband, for example, temporary possession of his passport, or a certified copy of his British passport.

If next February you are divorced (and not remarried to another British citizen) then you would not then qualify under the three year rule. If not married to a British Citizen then instead there is a five year qualifying period.

Don't overlook the requirement on the Naturalisation application form .... the need to get two British citizens to act as references for you, and each of those two people need to certify that they have known you at least three years. Might that delay the application a bit?

Finally, given that you are currently out of the UK, coming back here sooner rather than later can only help you pass those 270 day and 90 day tests.

[uk1]

wow.
So Im actually now 3 months into my 3rd year?

This is quite hard to take in as I thought I am now just STARTING my 1st year.

Please answer these two hopefully last questions (the thing is I have been rying to contact the nationality group in liverpool since this morning but they have been busy all morning and seems like its going into the afternoon, is this common?)

I am not sure I've been stamped in and out of England EVERY single time I was abroad, so is there a way to find out my EXACT day count?

I know that I havent exceeded 270 in total and def. not more than 90 since the start of my 3rd year. (you are right though, the sooner I'm back the better cause I'm probably already nearing this count)

last question is whats the earliest to send in the application, would it actually be mid feb. 2006 or could it be a little earlier?

[John]

My first bullet point ... it is an absolute test ... you must pass! Simply (if married to a British Citizen), were you in the UK exactly three years before IND receive the application?

So you ask .... "whats the earliest to send in the application, would it actually be mid feb. 2006 or could it be a little earlier?"

The logic process .... what day will IND receive the application? Go back exactly three years. Ask ... were you then in the UK? If the answer is "no", then no you cannot submit the application. You first arrived on 13.02.03, so apart from a day or two, the timeline I indicated is the earliest you can possibly achieve. And don't forget the references ... three year minimum.

You mention ... 3rd year? 1st year? I think you are confused. The three year period starts from when you first arrived (legally) into the UK, not when you got your ILR.

I know that I havent exceeded 270 in total and def. not more than 90 since the start of my 3rd year.

Those 270 day and 90 day tests ... they are not applied to your first three years, or 3rd year respectively. There are applied up to the day before IND will receive your application.

As an example of that, say IND get your application on 01.06.06, the 270 day test is applied to the period 01.06.03 to 31.05.06, and the 90 day test to the period 01.06.05 to 31.05.05.

Days outside the UK? You need to build up an accurate record .... and enter on the application form. Boarding pass stubs? Air tickets?

[uk1]

I see..Thank you John, I now see how rusty my logic can be, I swear I read these lines over and over again but only when you pointed out the error of my ways did I actually notice how it was right there infront of me - the answer IS in the question after all...!
Ever opened the fridge looking for the milk when it was right there infront of you.. ?:oops:
I will look into all of this.
Once I have gathared all this information about the days Ive spent out of the UK, hopefully if the results are good enough, anything else I should be aware of in the next 9months? Is there a post you could reffer me to where someone might be giving advise about furthur actions or an action time line?
Basically, what do I do next?

[John]

UK1 asked :-

Basically, what do I do next?

I think the answer must be .... get back to the UK! Don't cause problems especially with the 90 day rule.

Secondly, and sorry to need to put it this way, work out whether you will still be married to your British Citizen husband next mid-February, and if so, try to ascertain whether he will co-operate with you getting naturalised. If you get get back with your husband ...that would be great!

Think about who to ask to be your references. They need to have known you for at least three years when they sign the form. They need to be British and at least 25 years old. The references must not be related to each other, nor to yourself or your husband.

By the way, which country are you from? Don't overlook the need to deal with the language requirement, even if English is your mother tongue.