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Has ILR - getting divorced - 3yr BC application possible?

Posted: Thu Sep 25, 2014 11:01 am
by adamenglish
Hello,

A friend of mine moved here in January 2012 on a spouse visa (married BC), he has since obtained his ILR in April this year. He is now in the process of getting divorced as the marriage has fallen apart (marriage not a sham and easily proven). My question is if at some point before he has resided here for 5 years he marry's another BC will he be able to apply for British Citizenship after the marriage? Because as I understand it what matters is length of residency in UK is 3 years+ if married to BC and nothing else, ie not how ILR was obtained, length of marriage or whether he is married to the same person ILR was originally obtained with.

Thanks,
Adam

Re: Has ILR - getting divorced - 3yr BC application possible

Posted: Thu Sep 25, 2014 12:16 pm
by Casa
It's not reliant on being married to the original sponsor. Until the divorce decree is absolute, for immigration and BC purposes he is still considered to be married.

Re: Has ILR - getting divorced - 3yr BC application possible

Posted: Thu Sep 25, 2014 4:58 pm
by adamenglish
Thanks Casa.
Its looking like the divorce decree absolute will happen before he has been here for 3 years. Am I right in understanding that if he marries another BC he will still be able to apply for BC after he has been here for 3 years?

Re: Has ILR - getting divorced - 3yr BC application possible

Posted: Thu Sep 25, 2014 5:29 pm
by Casa
Yes.