Currently applying for ILR - question about Citizenship & marriage breakdown

Hi there,

I used these forums a few years ago for visa application advice with success, and am hoping that your community will help me once again. I have been trying to research the following on my own, but I can't seem to find a definitive answers.

I am a US citizen who married a UK citizen in March 2012 - we had been dating since 2009. I moved over to the UK in April 2012 with a Spouse Visa, and up until 6 months ago was very happy.

We are currently attending couples councelling and communication does seem to get be getting better, but I can't help but feel like we will never be romantically in love again. I do not want this to be the case, but unfortunately my husband doesn't seem to want to put much of an effort.

I am taking my "Life in the UK Exam" on 1st March 2014, and will be getting an appointment to file for ILR in person in early April. My spouse Visa doesn't expire until July, but I figured it would be good to get ILR as soon as I'd been here for 2 years.

My first question has probably been asked 1,000 times, but I didn't see it on the most recent few pages (sorry)...

If I decide after being granted ILR that my marriage is no longer viable and I move out of our residence, am I able to apply for citizenship using the 3 year qualification or will I have to wait the 5 years?

During my research, I noticed to qualify for a divorce in the UK, you must be living separately for 2 years - does this have to be legal separation, or is physical separation enough?

I have other questions, but they are dependent on the above.

Thanks in advance for your advice.
Best,
C

If I decide after being granted ILR that my marriage is no longer viable and I move out of our residence, am I able to apply for citizenship using the 3 year qualification or will I have to wait the 5 years?

You can only apply for citizenship after 3 years if you are still married to a UK citizen at the time of applying for citizenship - so if your marriage has broken down and you are divorced, then you will have to wait 5 years.

Remember that when you apply for ILR you have to show that you are still in a subsisting relationship and that you intend to stay together. If your relationship breaks down permanently before you apply, you cannot qualify for ILR and your spousal visa status will no longer be valid.

During my research, I noticed to qualify for a divorce in the UK, you must be living separately for 2 years - does this have to be legal separation, or is physical separation enough?

I'm not sure about this one, but hopefully someone else who is more knowledgeable will be able to help.

My application for ILR isn't at risk. We are in councelling and plan to continue living together. I love my husband. He just seems to be disconnected for the past while... hopefully the improved communication will allow us to move forward in a positive way.

I am just looking for information in case things do not to go well...

I guess the question RE: Citizenship is... does "being married" mean living together and keeping our finances together as well?

Thanks for your response, ksand.

Combined finances isn't a requirement for being married but living together is usually expected unless there are extenuating circumstances such as one spouse needing to work in another location.

Combined finances isn't a requirement for being married but living together is usually expected unless there are extenuating circumstances such as one spouse needing to work in another location.

Ok.

But from everything I've read, when you apply for Citizenship, the UKBA don't ask for proof of your living together. They just want you marriage certificate and your spouses passport  - along with your application, fee, id, proof of residence, "life in UK test", etc.

It doesn't really matter to me because I will happily wait the 5 years if I have to, but I would prefer to get it sooner if I can. Just curious really.

I plan to stay in the UK whether we are together or separate. I left my home, friends, work, and family to move to London to be with him. Now that I've set up a new life here over the last few years, I'm not willing to give it all up again.

Does anyone knows about the citizen application form? I have applied through nationality check service and I took all documents with me but it turned out that it was easier then I thought! My ILR was under my wife as EEA family member (spouse ), but the lady at the service she advised that I could apply depending in my own as I have been in this country more the 6 years therefore was no need for marriage certificate etc! I'm bit worried cos previously I was advised from the solicitor that I need everything! But she seemed she knew what she is doing! On the application I ticked the mark as an EEA family member but she said I shouldnt be worry about! When I asked her if that needs to be changed she said no! I'm waiting for the decision now! Should I be worry about?