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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7612
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a British citizen.Husband has ILR.Issued date of ILR : July 20

Customer Question

Hi Howard
I am a British citizen.
Husband has ILR.
Issued date of ILR : July 2013
He wants to apply for his uk citizenship.
I understand the 3 year residing in the uk rule under spouse citizenship.
What I need to know desperately is HOW DOES HOME OFFICE CALCULATE THE 3 years?
3 years from the time we were married in the UK?
Or
3 years from date of issue of ILR ?
Thanks
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
HiThanks for your patience. The requirements to naturalise as a UK citizen are contained on the following link:https://www.gov.uk/becoming-a-british-citizen/if-your-spouse-is-a-british-citizenYou will see that the 3 year residence period is counted back from the date of the application.So, provided that your spouse had his spouse visa and was living in the UK from the date which is 3 years ago from the date you apply and has lived here since then you will meet the 3 years requirement. Provided that he has not spent more than the permitted amount of days outside the UK on the above link then he will meet the residence requirements, because there is no requirement that he must have held ILR for 12 months before he applies if he is still married to a UK citizen. He should be fine.My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question. Kind regards,Tom
Customer: replied 2 years ago.
Dear *****
Thanks.
Firstly not my husband as I am not married , but a very good friend of mine which I am seeking advise for.
So as per mentioned above, I have checked for him and he is eligible to apply for his naturalization .
Brings me to his second question if I may:
In brief:
Has Ben with partner and now wife for almost 10 years.
She is BRITISH BORN.
BRITISH CITIZEN.
He entered Uk on fiancé visa.
MARRIED LEGALLY IN THE UK IN 2011.
2 years later rcvd his residency and in 2013 rcve his ILR.
NOW DUE TO ,
irreconcilable differences he wishes to file for divorce .
1. Is he still eligible to apply on spouse grounds (3years) for his Naturalization?
2. Understand as long as divorce is not finalized upon his application to home office , he is still considered legally married ? Yes or no ?
If YES, is it LEGAL to apply under spouse ?
--- DOES HE NEED TO INFORM HOME OFFICE THAT HE HAS FILED FOR DIVORCE? Or can he still tick the married Box?
2B) If so , does he need his wife's support regarding his application ? And if the wife is not supportive , can he provide COPIES of her British birth certificate , passport and marriage certificate in order to have his application processed.
2C) If he orders the marriage certificate and her birth certificate , CAN HE USE THESE DOCUMENTS ONLY TO APPLY AS SPOUSE OF BC and not need her support ?
IT IS IMPORTNAT FOR HIM TO KNOW, out of her documents mentioned
Home office requires WHICH ORIGINAL documents and accepts which COPIES of documents .....
3. GOING BACK TO Q2, if he is not eligible to apply under spouse , what its the best option to seek, taking in to consideration that he does not want to stretch this to the 5 year regulation! ( is that possible)?
4. Will there be a problem if his divorce is final whilst his application is pending? Or his status on the day of application is important which legally he woul've been married ?
Thanks
Expert:  Thomas replied 2 years ago.
Hi, If at the date he applies for ILR he has not received his decree absolute then he is legally still married and can therefore apply on the basis of the 3 year residency period for spouses of UK citizens. He can tick the box to confirm he is married until he receives his decree absolute (which is when he is legally no longer married. I would stay silent on telling the home office that proceedings may/have been issued. If he receives his decree absolute whilst the decision is pending then he would have to inform the home office and withdraw the application. Kind regards,Tom
Customer: replied 2 years ago.
Dear *****
thanks Tom
Expert:  Thomas replied 2 years ago.
You're welcome. Please remember to rate my answer.
Expert:  Thomas replied 2 years ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom

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