Child Surname change - before naturalization or after?

[the_seeker]

Hello,
My child has father's name as the surname on UK birth certificate, Indian Passport as well as ILR BRP card. We want to change it to family name. Child was born in UK, and parents got ILR later. We are eligible for naturalization now and want to start the process asap.

I need some help on which is the easier option.
1. shall we change name on Indian Passport now, and apply for naturalization with new surname for child.
2. shall we get naturalized with father's name as surname, and apply for deed poll after naturalization? Will it cause problems later while applying for british passport / OCI (as I have seen posts that OCI is given on basis of name in Indian passport)

[the_seeker]

I spent some time reading various forums and my own experience of changing surname on Indian passport. Here are my thoughts.

1. shall we change name on Indian Passport now, and apply for naturalization with new surname for child.
a. Need to file affidavit with UK notary for surname change in format specified by HCI website.
b. Need to place advertisements in UK and India newspapers and get India newspaper sent by post.
c. Apply for new Indian passport at HCI London.
d. Apply for NTL to get BRP surname in alignment with new surname on passport.
e. Apply for naturalisation via MN1 using new name.
Risks - Too much time lost in 1b, 1c, and mostly 1d (postal applications take upto 6 months, I was advised).

2. shall we get naturalized with father's name as surname, and apply for deed poll after naturalization? Will it cause problems later while applying for british passport / OCI (as I have seen posts that OCI is given on basis of name in Indian passport)
a. Apply for naturalisation via MN1 and current surname.
b. Execute deed poll to change surname; both father and mother agree and available to provide consent. (After naturalisation, child is a British citizen, so no need of advertising in India.)
c. Apply for British passport with Birth certificate, Naturalisation certificate and Deed Poll.
d. Apply for OCI.
Risks - Not sure if OCI is given on basis of name on Indian passport. Will Indian passport authorities consider the Deed Poll which is done after naturalisation and agree to print new surname?

Any ideas, please?

[the_seeker]

I have asked the following question to Passport authorities in HCI London.

"There is requirement to change my child's name from “ABC DEF” to “ABC XYZ” on his Indian passport. However, since we will be applying for naturalisation, we are planning to change surname after naturalisation via a UK deed poll. Therefore child will have old surname (ABC DEF) in Indian passport and naturalisation certificate, but the British passport will have new surname (ABC XYZ).

In this case, will OCI carry new surname as per British passport, or old surname as per Indian passport?"

Are there examples where people have changed surname between naturalisation and British passport. Please help.

[Mauser1905]

Interesting read.

I reckon you need court hearing to change name for a minor who is arriving in stepfamily. Mere deed poll may not be sufficient.

regards

[the_seeker]

Hi Mauser1905,
No, child is not arriving into step family. Father's surname was incorrect from 10 years before, so it was corrected back to family name now at the time of renewal. (He went through UK affidavit, newspaper ads in UK and India, change in Indian passport, change in BRP (NTL) etc. Does not want to go through it again for child, if there is less painful option).

Child had taken father's first name as surname at the time of Birth Certificate. Now want to change surname to match family name.

Father's name - DEF JKL MNO, changed to DEF XYZ.
Child's name - ABC DEF, want to change to ABC XYZ.

[the_seeker]

Sorry about the father/mother references as I and my wife share this username and check for updates on our query

[Mauser1905]

I see. thanks for explaining. Also the references, I was confused.

I believe the pain is mostly with interfacing to Indian documentation! Hope HCI London comes back with some advise. I would suggest; try asking the Ministry of External Affairs directly in your case as well if you cant find more useful information in the public domain of MofEA.

[Mpatel]

My case is different than yours, but can share my experience.

I changed the surname of my step-child i.e. from 'ABC DEF' to 'ABC XYZ', but only in the eyes of UK laws. The Indian passport still bears the ABC XYZ and I do not plan to change it because (a) there is no need since the child will have its rest-of-life here and (b) more importantly, as you found out, changing names in Indian systems is a painful process !

Deed poll method helps and is quicker, but we were advised that if we want to absolutely nail it from all angles, a court-order (Family Court) is also worth having. We applied to County court's Family division and went through a few hearings, but did end up getting a court order. We will now proceed for Deed Poll too. We intend to flood out this new name to all local/government authorities in UK, and also in future when the British Citizenship application is made.

[Mauser1905]

Thanks MPatel

"OCI given on Indian passport name" I haven't personally confirmed this yet.

Though with changed name in British passport with Indian name OCI booklet and sticker means you will have to carry documents which connect changed names.

Thoughts?

[the_seeker]

In theory I do not see the name change itself as a problem but the only risk is whether the Indian authorities would consider UK deed poll as a valid change of name document.

Is it easier if child gets British passport and then I apply again for a new British passport after UK Deed Poll. Will it be a straightforward case of British citizen changing name. If it is, then I will consider putting his MN1 first, while my wife gets her B1 tests and other things sorted.

[Mpatel]

Some more info on the impact of name change on the OCI :
The impact appears to be minimal; after reading this its apparent that the Indian Consulate accepts the change of name and re-issues the OCI card+Sticker.

[the_seeker]

MPatel, thanks for fishing that out.
The last point in Fees section, and #G1 suggests they accept deed poll. I will call HCI tomorrow as I have not received response to my email. Best to get it confirmed.

[the_seeker]

A fantastic news for the morning.

Got response from HCI as below -
#############################
Dear sir,
The OCI card is made on the basis of the British passport. however you need to include a the change of name deed affidavit along with the application for our reference.

Thanks & Regards,
Public Response Unit
High Commission of India
India House, Aldwych, WC2B 4NA
Tel: 020 7632 3070 / 020 7632 3170
Email: info.london@hcilondon.in
#############################

Thanks to all who contributed. After naturalisation, we will execute a deed poll to change surname and then apply for British passport with Birth certificate, Naturalisation certificate and Deed Poll. OCI should not be a problem then, with above confirmation.

[Mauser1905]

the_seeker,

Super. Thanks a lot for sharing the information with the forum. Hope it will be very useful to people needing this information.

Cheers