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AN Application on basis of marriage or not ?

Posted: Mon Oct 10, 2011 2:47 pm
by calimero
I am a little confused regarding my AN application form as to whether i can apply through lawfull residence or marriage :roll:

Here is my situation ;

I have arrived in the uk 9 years ago through marriage and after a couple years i have been granted an "indefinite leave to remain" and i have been a resident since .
I have passed the life in the uk test and have all the rest of the documents required with the form AN .
I have been working straight after i moved to the UK (PAYE)
I have recently split up with my wife and been living seperately but neither of us have applied for a divorce yet as we have been told it would make the divorce process easier after living in different addresses for 2 years .

Reading through GUIDE AN 1.15 "you are for our purposes married even if you are legally seperated"

I am not sure whether i can apply through grounds of having lived in the UK for over 5 years even though in form AN i declare that i still am legally married ?

Any help on this matter would be much appreciated .

Posted: Mon Oct 10, 2011 3:04 pm
by Casa
If your wife is British you can apply after 3 years of legal residence, even though you are separated. For BC purposes you are still considered to be married.

Posted: Mon Oct 10, 2011 6:10 pm
by calimero
Casa wrote:If your wife is British you can apply after 3 years of legal residence, even though you are separated. For BC purposes you are still considered to be married.
I am allready aware of this ,i have also lived in the uk over 5 years and i qualify for naturalisation through residence as well .

The difference is if i have to apply through marriage i need to send
extra documents such as my wife`s passport or birth certificate which i
would like to avoid if i can hence my question whether i can apply either
way ? :roll:

Posted: Mon Oct 10, 2011 8:08 pm
by Jambo
If you meet the requirements, you should be able to apply under section 6(1). Just make it clear in your application (with a cover note or in the "other information" section) so the HO will not wrongly assume you apply under section 6(2) and reject your application because of missing documents.

Posted: Tue Oct 11, 2011 5:48 pm
by calimero
Jambo wrote:If you meet the requirements, you should be able to apply under section 6(1). Just make it clear in your application (with a cover note or in the "other information" section) so the HO will not wrongly assume you apply under section 6(2) and reject your application because of missing documents.
Should they not really be making this clear to people by asking them to clarify how they are applying ? At £836 a pop its not really something i would like to be rejected :shock:

Does the border agency have a helpline number i can call to
clarify this ?