Separation and naturalisation

[brit2010]

Hi

Can you help me regarding the naturalisation i am due to apply within 2 month from now and i am separated with my wife at the moment and she left abroad and she living there can I apply for naturalisation and also i have debt is that will affect applying . I will appreciate your help a lot .

[f2k]

how long have you been in the UK.

Inorder to apply as spouse of british citizen (that is to apply after 3 year stay), you need to show that you are the partner of a British citizen

[brit2010]

Hi

Thanks for your reply, I will finish 3 years on march and I have the marriage certificate to prove that we are still married but separated now is that enough evidence or not or i need to wait for the new rules Bill

[Casa]

You will have to submit your wife's passport with the BC application, which I assume you won't be able to do.

[brit2010]

Hi

Thanks for your reply. solicitors said that I am eligible even we are separated or even divorce isnt marriage certificate enough? and if not do i need to wait 5 years or for the new rules

[Casa]

The marriage certificate doesn't prove that you are still married...simply that you have been married.

[brit2010]

Can you please explain this. I found this in the guideline for AN




SECTION 6 Evidence of marriage for applications made on the basis of marriage or civil partnership to a British citizen.
• Husband’s, wife’s or civil partner’s passport or birth certificate AND
• The marriage certificate or civil partnership certificate

[brit2010]

which mean we are still married even we are separated

[Casa]

Yes, but note that the form says AND the marriage certificate.. not OR the marriage certificate. How will you submit your wife's passport or birth certificate?[/b]
The submission of your wife's passport or birth certificate would show that she supports your application and that you are still together. Which is why the authorities request this.
In some cases, couples are separated, but the husband or wife is willing to go along with the application and will allow their passport or birth certificate to be included with the other documents. As your wife if now living outside of the UK this doesn't appear to be an option.

[brit2010]

Thanks for your reply

So Can i get copy of her birth certificate in the register office without her support or I need to give up and wait for the new rule or 5 years to apply

[Casa]

I don't believe you can request a copy of someone else's birth certificate.
Is your legal advisor an Immigration specialist?

[brit2010]

Hi

I dont have legal advisor yet but I called solictors for free consultation he said am eligible to apply when i finish 3 year even we are separated and now you telling me that am not unless she provide her passport and birth certificate . what should I do ? wait for the 5 years and bill or apply when 3 years finish

[f2k]

Hi

I dont have legal advisor yet but I called solictors for free consultation he said am eligible to apply when i finish 3 year even we are separated and now you telling me that am not unless she provide her passport and birth certificate . what should I do ? wait for the 5 years and bill or apply when 3 years finish

The question you should asking the solictor is HOW do i prove my wife is British without supplying her birth certificate or passport. infact birth certificate might not prove she is British depending on when she was born etc.

With regards to the 'Bill', this was passed and is being implemented in parts. The part that would affect you is currently scheduled to be implemented July 2011 but it says that anyone with ILR will not be affected until after 2 years from implementation date. So you have until at least July 2013 to apply under the current rules.

[brit2010]

According to the home office: Transitional arrangements for earned citizenship

If a migrant has already been given indefinite leave to remain (also known as settlement) on the date when earned citizenship is introduced, they will automatically be considered to be a 'permanent resident'. They will not need to pay or apply for this to occur. They will be eligible to apply for British citizenship under the current rules during the first two years after earned citizenship is introduced.

[brit2010]

How come it will be till 2013 if you read above you will see I will be eligible straight way to british citizenship

[f2k]

How come it will be till 2013 if you read above you will see I will be eligible straight way to british citizenship

What I said is that you have UNTIL AT LEAST July 2013 to apply. meaning if you are eligible today you can do so. The only issue with your case is that you are having issue proving that your wife (separated) is British, meaning you will find it hard to be successful under the 3year route. Unless your wife agrees that you use her passport when you apply it means you are now on the 5 year route so u will be eligible to apply in March 2012 at the earliest. I am assuming here that you came to UK 3years ago, that is March 2007

[brit2010]

Hi

Is there Possibility to proof that I married british citizenship to apply for naturalisation. I only got marriage Certificate. Many Thanks

[f2k]

other than Birth certificate, naturalisation certificate or passport i dont know if there is anything else you can use to prove your wife is British

[brit2010]

Thanks for your reply

I got copy of her birth certificate is that enough plus marriage certificate . I will appreciate your help

[BLK235]

Just out of interest how did you get copy of her birth certificate?

[brit2010]

I search in my documents and found a copy

[brit2010]

search in my file and found a copy

[f2k]

Thanks for your reply

I got copy of her birth certificate is that enough plus marriage certificate . I will appreciate your help

is this a copy of an original or an 'duplicate copy'? is it a photocopy?

[brit2010]

Thanks for your reply

Its a photocopy

[Christophe]

Can you help me regarding the naturalisation i am due to apply within 2 month from now and i am separated with my wife at the moment and she left abroad and she living there can I apply for naturalisation and also i have debt is that will affect applying . I will appreciate your help a lot .

As I understand it, you are eligible to apply for naturalisation on the basis of marriage to a British citizen provided you are still married. (In other words, if you're married but living apart or legally separated, that is fine; if you're actually divorced, then you are no longer married and so you are not eligible.)

You need, therefore, to prove two things — one: that you are married (e.g. with a marriage certificate) and two: that the person to whom you are married is a British citizen (e.g. with her British citizen passport or some other proof of her status). The second point is going to be the problem if you can't involve her in the proceedings. As far as I know you can apply for anyone's birth certificate in England and Wales (not sure about Scotland or Northern Ireland), although it might be endorsed that it is not suitable as proof of identity and so on if the person applying is not the person named on the certicate.

I'd be talking to your adviser about how to prove, in your wife's absence, that she is a British citizen.