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ILR to Citizenship - divorced in India
Posted: Sun Feb 09, 2014 7:27 pm
by krishbr
Hi Everyone,
My friend has ILR visa, qualified to apply for Citizenship.
He married three years back, his wife came to UK from India and went back after six months. Then after six months, she applied for Divorse in India itself and court granted her divorce. Now she is living in India. He is living in the UK with ILR visa.
Does he need the divorce certificate? i.e. Does he need to send the Divorce certificate along with British citizenship application or at a later stage?
Please advise. Thank you very much for your help in advance.
Re: ILR to Citizenship - divorced in India
Posted: Sun Feb 09, 2014 7:47 pm
by CR001
If he is applying on his own after 5 years residence and not as spouse of BC, then there is no need to send divorce papers.
Re: ILR to Citizenship - divorced in India
Posted: Sun Feb 09, 2014 7:55 pm
by krishbr
@CR001
Thanks for immediate reply.
Can you please suggest what to fill in the form? Married or Divorced? Is the Divorse granted in India valid in the UK? Thanks.
Re: ILR to Citizenship - divorced in India
Posted: Sun Feb 09, 2014 8:08 pm
by CR001
He can write divorced. Nothing else will be asked for.
Re: ILR to Citizenship - divorced in India
Posted: Sun Feb 09, 2014 8:12 pm
by John
Is the Divorce granted in India valid in the UK?
It is, a divorce granted by an Indian Court in India is valid under UK law.
Re: ILR to Citizenship - divorced in India
Posted: Sun Feb 09, 2014 8:15 pm
by krishbr
CR001 wrote:He can write divorced. Nothing else will be asked for.
Thank you.
Re: ILR to Citizenship - divorced in India
Posted: Sun Feb 09, 2014 8:16 pm
by krishbr
John wrote: Is the Divorce granted in India valid in the UK?
It is, a divorce granted by an Indian Court in India is valid under UK law.
Thank you.
Re: ILR to Citizenship - divorced in India
Posted: Sun Feb 09, 2014 9:21 pm
by krishbr
@CR001 @John and everyone,
My friend case seem to be a sensitive issue, not sure I can express here. Probably people who know how lawyers in India do things can understand.
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The situation is - after six months of his wife went back to India, she & her family filed a dowry harassment case against his family in India. Then both families came to compromise, applied for Divorce. While applying for Divorce, to speed up the process, the advocate added sentences like - "her husband beats her, not caring for her etc". So she is granted divorce under the act of Cruelty. His parents weren't much aware of this. Now the divorce certificate shows "reason for divorce is - Cruelty and dessertion towards her".
******************
Now question is what to write in the form 1.42 -- Reason for ending the marriage? Please suggest.
Is there anyway he can get personal advice?
Thank you.
Re: ILR to Citizenship - divorced in India
Posted: Mon Feb 10, 2014 3:02 am
by Just Wondering
He doesn't need to file his divorce certificate, as posters above have said.
He should put down whatever the reason for divorce is. Irreconcilable differences or breakdown of marriage should be sufficient.
Re: ILR to Citizenship - divorced in India
Posted: Mon Feb 10, 2014 11:27 pm
by krishbr
Just Wondering wrote:He doesn't need to file his divorce certificate, as posters above have said.
He should put down whatever the reason for divorce is. Irreconcilable differences or breakdown of marriage should be sufficient.
Thank you very much.
Re: ILR to Citizenship - divorced in India
Posted: Wed Sep 28, 2016 4:13 pm
by Alfred Boyle
@krishbr - what happened to your friend? what the citizenship granted?
Re: ILR to Citizenship - divorced in India
Posted: Wed Sep 28, 2016 4:33 pm
by Casa
Alfred Boyle wrote:@krishbr - what happened to your friend? what the citizenship granted?
This thread is well over 2 years old and krishbr hasn't logged on to the forum since Feb 11, 2014