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Thomas
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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am an Israeli citizen who has lived in England for 5 years

Resolved Question:

I am an Israeli citizen who has lived in England for 5 years and 3 months, I've got a british residence indefinite leave to remain after being in England with a visa as a spouse of an israeli who came to England sent by an israeli company. Now I am waiting to recieve the british citizenship the thing is that my life with my husband is a nightmare and I would like to know in case I have to call the police for any reason this would be an obstacle to recieve the citizenship?. I have been married for 11 years and the marriage was in Israel and I've got 2 children I would like to know if its possible to put a demand of divorce here in England even if I don't have yet a british citizenship or I would need to do it in Israel
Thank you very much for your help
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question..

If you have been in the UK for 5 years then you would meet the length of time required in order to be eligible to apply to be naturalised, this is 5 years for persons who have been working here and 3 years for persons who are the spouses of a UK national. So even if you divorced you would still meet the length requirement.

You would also have to meet the residential requirements, so you must no have spent a lot of time outside of the UK, but I assume you are aware of this.

So your application to become a British Citizen would not be effected by your divorce provided you have not spent much time outside the UK during the 5 years and otherwise meet the eligibility criteria for naturalisation. Obviously the application you make would have to be supported by the usual documentary evidence that you any person submits for naturalisation.

If you have been resident in the UK for one year (which you have) then there is nothing preventing you from petitioning your husband for divorce here in the UK provided you have (or can get) your Marriage Certificate or a certified copy of it. There is lots of information for lay persons considering petitioning for divorce here:-
http://www.direct.gov.uk/en/Governmentcitizensandrights/Divorceseparationandrelationshipbreakdown/Endingamarriageorcivilpartnership/Gettingadivorce/index.htm

If you have already obtained indefinite leave to remain then this will be unaffected if your divorce, generally it is only revoked if the application is fraudulent (ie. the marriage was not a true and credible one) or if you subsequently spend a time outside the UK.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6438
Experience: BA (Hons), PgDip, Practising Solicitor
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