8 replies to this topic

[Noonoo]

Good evening

I am not sure if I understood correctly my solicitor's advice two years ago and I couldn't find any information about it on the Home Office website.
My case in brief – my son and I were granted ILR in  2010 as a victim of Domestic Violence. We have been living in the UK since 2008. Solicitor, who dealt with my case in 2010, told us that we can apply for Citizenship 12 months after the ILR was granted. I have been divorced from a violent ex-husband since then.
Please, could you give me advice about  residency criteria after Domestic Violence cases - can I apply for citizenship after three years of residency in the UK (because I was spouse, but fled Domestic violence), or I should wait five years of my residency? Or in my case is it not relevant at all and is 12 months since my ILR enough to qualify?

Thank you very much for your help

[kolombo]

Since you are divorced you will need to complete the five year rule to meet the requirements as you are  no longer someone's spouse. (This is my opinion, waiting to be proven wrong.)

[Victoria]

I would say that this opinion is correct.

[Noonoo]

kolombo, on 12 March 2012 - 11:24 PM, said:

Since you are divorced you will need to complete the five year rule to meet the requirements as you are  no longer someone's spouse. (This is my opinion, waiting to be proven wrong.)

Thank you very much for you quick answer. I thought so as well, but wanted to check. Two years ago I've been told that no matter - divorced I am or not (Home Office would not expect victims of Domestic violence stay in that marriage) - I "can apply for citizenship after 12 months of ILR were granted". In that time Solicitor explained that all residence requirements and rules for Spouse/Partner are applies to Victims of DV with no regards to my marital status is. ... Probably, mistake...Oh, well, will wait for one year more

[Victoria]

Deleted as I misread.

You still need to have been lawfully resident for 5 years.

[jam87]

hello everyone,
my case is similar to noonoo however i was granted indefinate in jan 2012 based on domestic violence and im still married to the person can i apply for citizenship now as a spouse even tho we are seperated or are wait like noonoo for five years? thanks

[Victoria]

Three years as still married.

[jam87]

Victoria, on 21 November 2012 - 08:46 AM, said:

Three years as still married.

Thanks victoria for your quick reply...yes i have completed three years soo far becuase i came to the uk in sep 2008 as a student and married a british citizen but granded ilr jan 2012 based on domestic violence...soo can i apply for bc now or wait until jan 2013 thru spouse route since im still married? or will ukba would want me to apply on my own merit when i have completed 5 years due to the nature how i recieved my ilr... thanks

[Victoria]

Answered already.