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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I have ILR via marriage route, but unfortunately I have been

Resolved Question:

I have ILR via marriage route, but unfortunately I have been separated from 6 months ago, and I will complete three years of staying here in the UK next week, so can I apply for citizenship by marriage route? and the separation is informal but I am receiving all benefit as I am a single dad, like housing benefit, income support, and tax credit.

Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi,
Thanks for your question.
I assume that your spouse is a UK citizen.
It depends on whether your spouse is willing to support your application or not by saying that you are still married and still in a relationship.
If they are willing to support your application then you can apply, but you should only do so if you consider that this potentially only a temporary separation.
If your spouse is not willing to support your application then you will have to wait a further two years until you reach 5 years residence in the U K and meet the standard residential requirements for naturalisation:
https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply
Kind regards.
Tom
Customer: replied 3 years ago.

thanks for replying, I think that she will help me with the documents I need from her, but we are now separated and I think the separation will be permanent, but to live together again is not impossible. so do you think I can apply? and what happened if the application is refused I can apply again after 2 years?

thanks

Expert:  Thomas replied 3 years ago.
Hi,
Frankly, if you are going to remain in the UK for the two years after you reach three years then I would just wait and apply then, if you a certain that you will not get back together.
If they became aware that the relationship had broken down then they could regard it as deception, which could potentially cause big problems for you
Kind regards,
Tom
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