British passport rejected

[mican]

My wife's application for British Passport was rejected due to an error with the name on her Indian passport. They have told her to get it corrected on her indian passport however as she is a British citizen she has no right to an Indian passport and the indian embassy will not correct the error.

The only option is for her to surrender her passport however wont she need the her Indian passport as part of her application for her British passport(they have asked her for her Indian passport as part) also it has details of when she came to the UK and her visa stamps etc.

[joeano353]

You are confused between British passport and british nationality. I dont know what she is actually refused. If her nationality application is refused, she is still an Indian national and can get her name corrected. It appears you have made no actual enqueries with the Indian consulate and have decided that they will refuse. You can just fill out the miscellaneous form and get the name changed by submitting relevant documents. You are talking like she has obtained citizenship already and passport refused. If her nationality is British then you can still change the name in her passport without informing them about the nationality change, apply for her British passport and then surrender her Indian passport. She has 3 months to cancel her Indian passport. So do that before applying for British passport
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[mican]

Sorry I should have been clearer, she has received British nationality, the problem is with her getting her British passport.

[joeano353]

Its pretty easy. Use miscellaneous form and apply for change of name. That should take a week. Send the passport to HMPO, get the British passport in 2 weeks and then surrender the Indian passport. You say there is a mistake in the name. Its your personal decision, but why did u not correct the mistake at the time passport was issued? Years after having a passport you want to change the name that too after obtaining another nationality. Indian consular officers are known for being extra careful and will raise issues. So dont inform them about holding British nationality. Just change the name and then cancel it. Of course it will cost you. Dont worry too much about visas etc. because you will get the original passport returned to you. UK visa will automatically be invalidated in the system.
Alternatively you can cancel your Indian passport and then apply for British passport. You will not need to submit the cancelled Indian passport as only uncancelled passports are to be submitted. Again Indian consulate will return the cancelled passport.

[apsk]

Sorry I should have been clearer, she has received British nationality, the problem is with her getting her British passport.

The simplest way is.. use Statutory Declaration as to Change of Name by Usage at Common Law with any Solicitor and change her name. Then surrender Indian passport with a declaration British passport is under process. You will get surrender certificate in a week and they will return your cancelled Indian passport also which you can send to HMPO, your Statutory declaration, cancelled passport and surrender certification. Then HMPO will issue you with British passport.

Assuming you will keep Indian passport they ask you to change the name on Indian passport, but as per indian law you cease to be Indian citizen as soon as you acquire any other nationality. So, follow what I mentioned above. This is what I did for my wife's passport application as guided by HMPO.