Passport refused - uncancelled passport in maiden name

[shashank2361]

Same case, Changed name after naturalisation and now British Passport Application is stuck with HMPO

[shashank2361]

This is the mail I received form VFS, Home office is not accepting as a proof that I cant surrender Indian passport without having british passport first

Subject: RE: Surrender of India Passport
From: Info on India Visa in UK (info.inuk@vfshelpline.com)
To: shashank2361@*****
Date: Tuesday, 15 December 2015 11:47 AM
Dear Shashank,
Thank you for your email.
The British passport is a mandatory document to be submitted along with the surrender certificate application. Please
note that you need to obtain British passport first and then apply for Indian surrender certificate. For information on
documents required kindly refer to the following link: http://www.vfsglobal.com/India/UK/Surrender.html and then
click on documents required tab.
For any queries related to Consular & Passport Services, kindly write your email to: Info.PptConsularuk@
vfshelpline.com.
Please note In
view of the spread of the Swine Influenza A (H1N1) all passengers traveling to India will be screened at
the International Airports in India on their arrival. This will also involve quarantine and even hospitalization, if detected,
with any symptoms connected with the flu.
Best Regards,
***************
Information Service Desk
VF Services (UK) Limited

[noajthan]

This is the mail I received form VFS, Home office is not accepting as a proof that I cant surrender Indian passport without having british passport first

...

There have been other members who had faced the same challenges.

Some of the Indian members have posted their experiences (& their resolution) earlier in this thread if you'd like to search backwards in time.

Tip: search this topic (via button at top of page) with keyword of 'indian'

[noajthan]

Noajthan,

Thank you for your suggestion,
I have sent a letter to HMPO explaining my situation,
HMPO want me to send them official letter from the embassy, they don't accept my words or those webpage for it. Iranian embassy refuses to help me or issue any letter.

Today I hired a lawyer in iran to start filing an application to cancel my passport.

If i inform Iranian authority that i obtained British Citizenship & cancel my Iranian passport, Dose that mean Iran dose not accept me as its citizen ,according to the conclusion paragraph above?

Marianova,
I can't really comment on the application of Iranian laws to your case.

I think repeated representations (in writing) to HMPO, possibly with your MP's support will get you your passport in the end.
For example, you will have to insist you are unable to move on the Iranian side due to lack of cooperation from the authorities.
You may have to give a commitment in writing as to which (one) surname you will use.

Best of luck.

[ouflak1]

My problem is getting complicated,
The law in Iran dose not allow to change to married name after marriage.
Changing name and surname is almost impossible in Iran, only under very few circumstances.

I believe you ought to sue the UK government for violation of Article 13 of the Universal Declaration of Human Rights to which the UK is a signatory. Your case is even stronger in that the application of these rules very obviously and disproportionately affect women. I can't see any valid legal defense the UK could put up to justify this treatment of its own citizens.

Dear Ouflak1
Here explains about article 13,
http://www.claiminghumanrights.org/udhr_article_13.html
I am not sure if article 13 has anything to do with changing name! Please correct me if I'm wrong.
Nevertheless I am not sure taking action against HMPO is a good idea! and is very long,costly, also i have tried to contact couple of solicitors (human rights/ Immigration) and got nowhere,they seem really clueless about such matters.

Hi Marianova,

Here is a quote directly from the link you posted:

Everyone has the right to leave any country, including his own, and to return to his country.

Name one country on this planet that will let a non-citizen come into their country through a controlled border without a valid passport. In fact, from the UK, you would not even be able to board a plane. This policy means that hundreds of women are effectively trapped in the UK. Further, this policy very obviously and disproportionately affects women, as they are the ones expected to change their names after marriage. I don't see how the UK could defend itself legally or morally in front of a judge. Maybe Fiji Airways or Namibia Airlines might actually let you board their aircraft, but even once there, without a valid passport, you will just sent back to the UK. If the UK is to honor its signature the UDHR, it must apply a policy that allows its own citizens to leave the country, and it must have a policy that affects men and women equally. Neither of these conditions are met.

[kunal parikh]

Hi Guys

I need your help. My wife has just received her citizenship approval from homeoffice. She has also changed her name after marriage. Her new name after marriage is mentioned in the observation page and mentioned as due to marriage she is also know as ....

I am just reading this forum silently and just little worried. Just wanted to see if her new name is already mentioned in the observation page in current passport. Will there be any problem if we want to use new name for British passport application.

I really think it should be fine since her new name has been there in observation page in current Indian passport. She has been on Tier 1 previously and we had BRP everything in new name.

Please advise.

Thanks
Kunal

[noajthan]

Hi Guys

I need your help. My wife has just received her citizenship approval from homeoffice. She has also changed her name after marriage. Her new name after marriage is mentioned in the observation page and mentioned as due to marriage she is also know as ....

I am just reading this forum silently and just little worried. Just wanted to see if her new name is already mentioned in the observation page in current passport. Will there be any problem if we want to use new name for British passport application.

I really think it should be fine since her new name has been there in observation page in current Indian passport. She has been on Tier 1 previously and we had BRP everything in new name.

Please advise.

Thanks
Kunal

If already naturalised in married name you may find HMPO insist on any current foreign passport being updated to reflect married name first (despite the observation).

Only the HMPO can tell you for sure; you could try writing to ask them before applying (& possibly getting stuck).

[Marianova]

after 4 months and no news ;
I am so disappointed with my local MP, he sent a letter to me and refuses to help and urges to cooperate with HMPO and follow their procedures to obtain a new passport.

I need My local MP to compliant to HMPO, hers is a link:
https://www.gov.uk/government/organisat ... -procedure

This is so depressing
My local MP refuses to help ,Now what.

Could anyone please recommend a solicitor in London?

[noajthan]

after 4 months and no news ;
I am so disappointed with my local MP, he sent a letter to me and refuses to help and urges to cooperate with HMPO and follow their procedures to obtain a new passport.

I need My local MP to compliant to HMPO, hers is a link:
https://www.gov.uk/government/organisat ... -procedure

This is so depressing
My local MP refuses to help, Now what.

Could anyone please recommend a solicitor in London?

It's a crying shame the MP feels unable to help.
I suppose your Euro MP may not feel s/he has jurisdiction for this matter.

You can by-pass your MP...

If ... you are having difficulty contacting an MP, you can write to our Director General using our general enquiry address or a Home Office minister via the Direct Communication unit

Still suggest re-writing to HMPO & (re-)explaining the catch-22 situation you are in & (once again) asking for their suggested options & steps to follow.
(Re-emphasise what is & isn't possible in your situation).

Other than that see if you can find a migrant / legal campaign group to take up the cause.

And it's a longshot but how about penning a letter to the Queen? i.e. on a woman-to-woman basis.
After all it's by the grace of the Royal Prerogative that passports are issued to citizens in this country.

[Marii]

after 4 months and no news ;
I am so disappointed with my local MP, he sent a letter to me and refuses to help and urges to cooperate with HMPO and follow their procedures to obtain a new passport.

I need My local MP to compliant to HMPO, hers is a link:
https://www.gov.uk/government/organisat ... -procedure

This is so depressing
My local MP refuses to help ,Now what.

Could anyone please recommend a solicitor in London?

Your MP probably want you to complain to Passport Office first. Anyway, I think they are useless.
I would suggest you to write to your Embassy with regard of name change in your Iranian passport. They will need to respond in writing explaining all issues of name change which fall under Iranian law. So this letter you can use as prove for Passport Office and ask them to put observation in your new UK passport that you are also knowing in other name. Some people have managed to get their UK passport by this way. Good Luck. And I understand how frustrating is what you are facing now.

[shashank2361]

I. received appointment to see local MP and I am going to take the prints of these forum too that the passport has been issued in name change case.

there has been a development from Indian Consulates side. I am not sure whether it will further complicate the matter of getting OCI card or to do any work in India. the email I received from HCI London.

not having British passport details on surrender certificate would it create any complication in future, if it Is then I will wait and talk to My local MP first




---_-----_-----------




Dear Mr Shashank,







We will accept your application for surrender of Indian passport on the basis of your Naturalisation Certificate. However, you MUST submit an Undertaking stating that your application for issue of British Passport is under consideration with the Home Office and you do not have any objection to the British Passport details not being incorporated in the Surrender Certificate.



Please carry a copy of this email to VFS when submitting the application for Surrender Certificate.



Thanks & Regards,

Public Response Unit

High Commission of India, London

India House, Aldwych, WC2B 4NA

Tel: 020 7632 3070 / 020 7632 3170

Email: info.london@hcilondon.in

Website: http://www.hcilondon.in







From: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Sent: 12 January 2016 10:50
To: dhc.office@hcilondon.in; info.london@hcilondon.in
Cc: CGI Birmingham; cg.birmingham@mea.gov.in
Subject: Request to Surrender Indian passport without obtaining British Passport.





Dear Sir



Could you please help me in issuing the surrender certificate.



I have received the naturalisation certificate in Oct 2015, I am looking to Surrender my Indian passport.

I don't have the British Passport because I have changed my name ( New Surname "X" Old Surname "Y" ) after the naturalisation and a British Citizen can't have 2 passports with different names on it for security reasons,



I have been advised several times by the British Passport office that Indian Consulate in Birmingham issued surrender certificate to someone without getting British Passport first.

I had contacted the Birmingham office and they advised me to contact the London office because I live in Portsmouth.



Sir Is there any difference in rules or process to surrender the Indian passport between London Consulate and Birmingham Consulate or

If there is any other way or any case the exception can be considered that I can surrender the Indian Passport without British Passport.



Please let me know. It would be very helpful.





Regards

Shashank

Passport Number XXXXXXXX


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[noajthan]

I. received appointment to see local MP and I am going to take the prints of these forum too that the passport has been issued in name change case.

there has been a development from Indian Consulates side. I am not sure whether it will further complicate the matter of getting OCI card or to do any work in India. the email I received from HCI London.

not having British passport details on surrender certificate would it create any complication in future, if it Is then I will wait and talk to My local MP first

...

That is an interesting development.

The impact of not having British passport number cross-referenced in surrender certificate is probably most related to the purposes the certificate may be used for - I don't know about that.

It will be informative to hear how interested & helpful the MP proves to be.

It may be you can persuade them to take up the cause and have HMPO take another look at the unintended consequences of their identity policy.

Best of luck.

[shashank2361]

CAN i DELETE MY POST
I should have removed the passport number and Privacy details first, I will repost again

[noajthan]

CAN i DELETE MY POST
I should have removed the passport number and Privacy details first, I will repost again

Moderator can do that for you if you cannot.

[ChetanOjha]

Masked Passport number.

[shashank2361]

Masked Passport number.

Thankyou Chetan, Thanks for masking my details

[nathan2]

Thanks to everyone sharing their experiences and advice.

My wife is about to apply for naturalisation. Her Canadian passport was in her maiden name but she wants her British passport in her married name (which is the name she uses everywhere except on her BRP).
So she's applied for a replacement Canadian passport in her married name. Not an easy task, but easier than some it seems

We understand the BRP has requirements for updating within 3 months of a change, but hoping to get the naturalisation application going first (to get in before the fee increase, and maybe even get the whole thing done with before the BRP needs updating -- seeing several spouses getting < 2 months naturalisation when using NCS at the moment).

Once we have the new passport, can she apply for naturalisation while her BRP is still in her maiden name?

[noajthan]

Thanks to everyone sharing their experiences and advice.

My wife is about to apply for naturalisation. Her Canadian passport was in her maiden name but she wants her British passport in her married name (which is the name she uses everywhere except on her BRP).
So she's applied for a replacement Canadian passport in her married name. Not an easy task, but easier than some it seems

We understand the BRP has requirements for updating within 3 months of a change, but hoping to get the naturalisation application going first (to get in before the fee increase, and maybe even get the whole thing done with before the BRP needs updating -- seeing several spouses getting < 2 months naturalisation when using NCS at the moment).

Once we have the new passport, can she apply for naturalisation while her BRP is still in her maiden name?

My understanding is you are on right track with passport upgrade as that is HMPO's primary concern.

Name difference with BRP is readily explainable with marriage certificate.

So, if you don't exceed the 3 month limit, no need to update BRP. Once naturalissd it will be null & void anyway.

Good luck.

[nathan2]

My understanding is you are on right track with passport upgrade as that is HMPO's primary concern.

Name difference with BRP is readily explainable with marriage certificate.

So, if you don't exceed the 3 month limit, no need to update BRP. Once naturalissd it will be null & void anyway.

Good luck.

Thank you very much!

[shashank2361]

Case is with MP hopefully. Given the prints from this forum and also the 4th page of guidance if you apply from outside UK that that HMPO will mention old name on observation.
Different rules if you are outside UK you can get passport with old name on observation but if you are inside UK you won't get passport at all. Hopefully
It will get sorted.

[Marii]

Case is with MP hopefully. Given the prints from this forum and also the 4th page of guidance if you apply from outside UK that that HMPO will mention old name on observation.
Different rules if you are outside UK you can get passport with old name on observation but if you are inside UK you won't get passport at all. Hopefully
It will get sorted.

Some people did get their UK passports with observation on it from inside UK. I think it's depend from passport office, some of them are more generous.
Anyway, good luck with your application to MP. I hope yours MP is better than my.

[shashank2361]

So My MP acted like an MP no help, The next appointment with MP is on 26th feb, means after a month of 1st Appointments,

So I went to VFS london Paddington yesterday but before that I forwareded the Hci london email to them,
The reply I received is below, I received this 2 hrs later I submitted my application.


There at VFS I asked them do they need Name deed, They said that this is a common scenario British home office is frequently asking for surrender certificate and we are taking the application without having British passport. HCI london know this your case is not an exception.
They didn't asked for the undertaking either. So i paued the money , submitted the application without any British passport.
Got SMS today from VFS . now waiting..


Why they cant just mention the whole thing on the website.

email is below.

--------------

Info On Passport & Consular Services India In UK <Info.Ppt-Consularuk@vfshelpline.com>
To xxxxxxxxxxxxxxxxxxxxxxxx Feb 9 at 12:30 PM
Dear Shashank,

Thank you for your email.

All such applicants should be able to produce all documents required apart from a new British Passport, in place of the British Passport the applicants should be advised to write an undertaking (addressed to the High Commission of India or Consulate General of India in Birmingham or Edinburgh as the case may be) for their inability to provide a British Passport and also confirming that if the HCI or its respective consulates were to issue a Surrender Certificate, ‘Passport Applied for’ remark will be ‘acceptable’ under the foreign passport details section on the Surrender Certificate.

Kindly refer to the following link for detailed information on documents required: http://www.vfsglobal.com/India/UK/Surrender.html and click on the documents required tab.


Best Regards,
Avit Singh
Information Service Desk
VF Services (UK) Limited

This e-mail is only for the use of its intended recipient. Its contents are confidential and privileged. If you have received this email in error, please contact the sender and delete the e-mail and its contents from your computer. VFS does not guarantee that this e-mail has not been intercepted and amended or that it is virus free.

From: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Sent: 08 February, 2016 2:25 PM
To: Info On Passport & Consular Services India In UK
Subject: Fw: Request to Surrender Indian passport without obtaining British Passport.


Hi

I have a appointment tomorrow In London Paddington office. I am surrendering my Indian Passport but I still haven't received my British Passport yet. I have the naturalisation certificate.
I have received the conformation form HCI London to surrender the passport, Please check the email below.
So If there is anything else I need to bring please let me know.

Regards
Shashank
----------------------------------------------------------------

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[Mashec]

Hello everyone,

I have the same problem! I'm so, so angry! It's all just beyond any common sense for me!
I am now waiting my documents back from Passport Office. They said they will hold my application for 6 months. I'm thinking to change my name to my maiden name on all documents I have and sent a request to Home Office to change a name on my certificate of naturalization.

Has anyone done the same? Will it help to solve the problem?

[JohnnyZee]

Hello everyone,

I have the same problem! I'm so, so angry! It's all just beyond any common sense for me!
I am now waiting my documents back from Passport Office. They said they will hold my application for 6 months. I'm thinking to change my name to my maiden name on all documents I have and sent a request to Home Office to change a name on my certificate of naturalization.

Has anyone done the same? Will it help to solve the problem?

Hi Mashec - Pls look at my last couple of posts on the thread below. It may help. Basically, you need to ensure the name on application for British passport matches name on foreign passport. If certificate of nat/reg has different name, it cannot be altered (no point asking Home Office). You just need to send along to HMPO a deed poll to say you have adopted your maiden name for all purposes.

http://www.immigrationboards.com/britis ... 03092.html

[Mashec]

Hello everyone,

I have the same problem! I'm so, so angry! It's all just beyond any common sense for me!
I am now waiting my documents back from Passport Office. They said they will hold my application for 6 months. I'm thinking to change my name to my maiden name on all documents I have and sent a request to Home Office to change a name on my certificate of naturalization.

Has anyone done the same? Will it help to solve the problem?

Hi Mashec - Pls look at my last couple of posts on the thread below. It may help. Basically, you need to ensure the name on application for British passport matches name on foreign passport. If certificate of nat/reg has different name, it cannot be altered (no point asking Home Office). You just need to send along to HMPO a deed poll to say you have adopted your maiden name for all purposes.

http://www.immigrationboards.com/britis ... 03092.html

JohnnyZee, so you want to say that I shouldn't send anything to Home Office? Even if I change my name on all the documents, HO still won't change it on certificate of naturalization?