Immigrationboards.com

Hello all

New here. Would be grateful if you good folks can provide any advice.

Concerns proposed application for Naturalisation of applicant whose fact are as follows:

1) Came to UK in Mar 1983 with dependant children to join husband (not a British Citizen but member of Commonwealth country).

2) Applicant resided in UK since 1983 with less than 3 months visits abroad in 1990 and 2006. Now no dependent children.

3) Husband issued divorce papers from abroad in 1990. This was not contested/agreed between both parties in either country. Is this valid??? No contact with husband since 1990 and children raised as single parent since 1990.

4) To date ex-husband not British Citizen. Applicant had right to settle in UK on initial passport and on renewal (non UK/non EEU) passport has a "residence permit" sticker (type: settlement, indefinite; no time limit on holder's stay in the UK) dated Sep 2005.

Query applicant has is, will the fact that she is divorced affect her

a) Right of abode (see 4 above)
b) Application for Naturalisation, given not only divorced but divorcee of non EEU/British citizen spouse

Many thanks for any pointers.

If I understand you correctly the applicant has lived in the Uk since 1983 and has held indefinate Leave to remain for far more than one year. In my opinion she should have no problem whatsoever applying for naturalisation. The fact that she is divorced is not relevant to her Naturalisation application.

Thanks. I will pass on the message. The only concern was that given applicant had come to join husband to "settle" & that husband was not British but had right to remain, would that have made a diff if husband was a British citizen.

Also, how many diff type of indefinate LTR are there (is there one for settlement only or are they all the same)?

Many thanks again. Great forum!!

Alternative, I can tell you there is one type of ILR (indefinite Leave to Remain) and after that you can apply for Citizenship.

Every other categories are limited to stay types of visa.

And again she does not need to worry about marital issues, it does not affect her getting BC (British Citizenship) at all. At that level it does not matter how you get ILR, you now independent to take a decision if you need to be a BC.

Thanks iyanu for your reply.

Just one more question see if anyone can clarify/confirm my understanding … I am filling in Form AN and in section 1.3 it says “Please say when you were given indefinite leave to enter/remain in the UK (not necessary, if you are a commonwealth citizen with right of abode in the UK)â€