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Passport refused - uncancelled passport in maiden name

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

brcr11
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Re: Passport refused - uncancelled passport in maiden name

Post by brcr11 » Fri Oct 11, 2019 2:00 pm

Hi everyone,

I have read all the messages and it seems that the problem hasn't been resoved yet.
I haven't noticed that anyone used paragraph 7.3 of this document
https://assets.publishing.service.gov.u ... t_2016.pdf

7.3 For Dual citizens, provided the name requested on the UK passport application matches exactly the name on any foreign passport, whether valid or expired, the UK passport may be issued in the surname used prior to marriage.

If someone has changed their name in the UK to their married name, but still has an old passport in their maiden name, wouldn't this allow them to apply in their maiden name without changing all their documents back to maiden name?

obm
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Re: Passport refused - uncancelled passport in maiden name

Post by obm » Mon Oct 14, 2019 9:40 pm

Thank you brcr11 for this useful comment. However, the issue remains that once a UK passport is issued in maiden name this does not match all the core documents that the person uses in everyday life in the UK e.g. driver's licence, NIN, etc., etc.
Plus the 7.3.creates a fundamental discrimination between those Dual Citizens (who are UK citizens as well) and 7.4./7.5: all "other than Dual Citizens" (who are also UK citizens) - who get an observation in their passport, which confirms their current legal name in teh UK (which is used for all purposes).
This is the basic issue that HO has put us all in such deep sh*t about...

Jayjap
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Re: Passport refused - uncancelled passport in maiden name

Post by Jayjap » Mon Dec 02, 2019 6:51 pm

Hi hope anyone can advise on my scenario?

My wife was born in Vietnam then lived in Japan (with Japanese name) and we are now living in UK. We got married in Japan. When we moved here from Japan she was advised she would be legally known as a name which has 1 Japanese and 1 Vietnamese name and my surname. Her driving license (and bank account, mortgage etc) is therefore in this name and this was the name we used for her life in Uk test which she has just passed.

Surely therefore her citizenship and passport application should be done in this name? She has a Vietnamese passport which of course is different to the name on her British driving license. Been reading other threads about complications with different names so trying to check before we go further.

Any advice much appreciated.

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CR001
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Re: Passport refused - uncancelled passport in maiden name

Post by CR001 » Mon Dec 02, 2019 6:52 pm

Jayjap wrote:
Mon Dec 02, 2019 6:51 pm
Hi hope anyone can advise on my scenario?

My wife was born in Vietnam then lived in Japan (with Japanese name) and we are now living in UK. We got married in Japan. When we moved here from Japan she was advised she would be legally known as a name which has 1 Japanese and 1 Vietnamese name and my surname. Her driving license (and bank account, mortgage etc) is therefore in this name and this was the name we used for her life in Uk test which she has just passed.

Surely therefore her citizenship and passport application should be done in this name? She has a Vietnamese passport which of course is different to the name on her British driving license. Been reading other threads about complications with different names so trying to check before we go further.

Any advice much appreciated.
Please continue in your existing topic where you have already received advice. It isnt necessary to post the same questions multiple times.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

dazzle
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Re: Passport refused - uncancelled passport in maiden name

Post by dazzle » Sat Jan 25, 2020 4:31 pm

So, my wife has finally been approved for British citizenship, ceremony in a couple of weeks. Thanks again to all for advice.
Now we are looking ahead to applying for a British Passport.
The issue is that her name has been causing issues ever since moving to the U.K., as it is too long to fit on most company computer systems. After her ceremony she want to change her name by deed poll.
I’ve read about the “one name rule” and also the exceptions to this.
My wife is from a country that does not recognise dual nationality. The UK gov knows this as it is stated on the gov website,
Also her country’s national law states that she will automatically lose her nationality, when she acquires nationality elsewhere.
So, What exactly will the UK passport office need to see? Will she need some document from her embassy, even though it won’t actually be her embassy from the moment of the ceremony?
Is a law reference from her home country enough, along with a U.K. gov website printout ?

DoctorJay
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Re: Passport refused - uncancelled passport in maiden name

Post by DoctorJay » Fri Feb 21, 2020 6:03 pm

I got british nationality approved and now I am thinking to apply for British passport but I am confused what to do as I have long name and in my country passport they put my first name like George William Gordon and Surname as Rich
But my british nationality have full name George William Gordon Rich ,in all my uk documents my first name is Geroge Willam and Surname is Gordon Rich.
Will it be an issue while applying for british passport as full name is similar.
Hope some one help me in this

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Re: Passport refused - uncancelled passport in maiden name

Post by vinny » Sat Aug 15, 2020 1:46 am

brcr11 wrote:
Fri Oct 11, 2019 2:00 pm
Hi everyone,

I have read all the messages and it seems that the problem hasn't been resoved yet.
I haven't noticed that anyone used paragraph 7.3 of this document
https://assets.publishing.service.gov.u ... t_2016.pdf

7.3 For Dual citizens, provided the name requested on the UK passport application matches exactly the name on any foreign passport, whether valid or expired, the UK passport may be issued in the surname used prior to marriage.

If someone has changed their name in the UK to their married name, but still has an old passport in their maiden name, wouldn't this allow them to apply in their maiden name without changing all their documents back to maiden name?
There are already some exceptions to having the same name for all official purposes.

However, I suspect that their concern was:
7.7 It is important to note the difference in approach to dual citizens who have married and have access to multiple passports. Alignment of passports and use of one name for all official purpose principle is to minimise the risk of multiple names being used and persons having the ability to travel across borders in different identities.
Having the same name in British and Foreign passports would prevent the holder from having the ability to travel across borders in different identities.

Please share your experiences with these provisions.

Will HMPO issue a British Passport in your maiden name, in line with your foreign passports, when other documents are in your married name?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Re: Passport refused - uncancelled passport in maiden name

Post by Rehnim2016 » Sat Aug 29, 2020 7:38 pm

I applied for my first British passport 1 month ago. After my naturalisation, I added a middle name through Deed poll. I submitted the deed poll certificate when i sent the document to the passport office. I received a letter 3 weeks after from HM passport office where they asked me to add the middle name on my foreign passport first. I contacted the high commission in London but they have sent me an email stating that change of name is not permissible. Would HM passport office allow me to use my middle name or should i drop the middle name through Deed Poll? Please advice me

vinny
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Re: Passport refused - uncancelled passport in maiden name

Post by vinny » Sun Aug 30, 2020 12:49 am

HMPO has an aversion of the risk of multiple names being used and persons having the ability to travel across borders in different identities. Probably simplest to drop the middle name.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

jmmo20
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Re: Passport refused - uncancelled passport in maiden name

Post by jmmo20 » Wed Oct 28, 2020 2:27 pm

This seems quite a stupid position from the HMPO.

I'm a dual Spanish/UK citizen, but I could also apply for an Israeli passport. Israelis can choose a hebrew name when they become citizens and so you would have a Spanish passport with one name, and an Israeli passport with a different name. What would the HMPO do in this situation? their heads might actually implode.

solstice21
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Re: Passport refused - uncancelled passport in maiden name

Post by solstice21 » Mon Jun 21, 2021 7:52 pm

Hello all. New poster here.

My problem is the other way around to the OP. Original (Tunisian)Passport is in married name, naturalisation cert is in name on birth certificate.

eg

Birth Certificate/Naturalisation/UK Divorce cert cert name: A---- B-----
Tunisian passport name: A---- B----- Ep C------ (ex-husbands surname)

I am having great difficulty getting my Tunisian passport changed. But from this thread I understand that UKPO will not issue a UK passport if my ex-husbands name is still in my Tunisian passport?

So is my only option to request a change to my naturalisation certificate adding my ex-husbands name, and then to my UK passport? None of my UK documents are in my ex-husbands name.

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Re: Passport refused - uncancelled passport in maiden name

Post by secret.simon » Mon Jun 21, 2021 8:10 pm

solstice21 wrote:
Mon Jun 21, 2021 7:52 pm
Hello all. New poster here.

My problem is the other way around to the OP. Original (Tunisian)Passport is in married name, naturalisation cert is in name on birth certificate.

eg

Birth Certificate/Naturalisation/UK Divorce cert cert name: A---- B-----
Tunisian passport name: A---- B----- Ep C------ (ex-husbands surname)

I am having great difficulty getting my Tunisian passport changed. But from this thread I understand that UKPO will not issue a UK passport if my ex-husbands name is still in my Tunisian passport?

So is my only option to request a change to my naturalisation certificate adding my ex-husbands name, and then to my UK passport? None of my UK documents are in my ex-husbands name.
Can you apply for a new Tunisian passport without your ex-spouse's name?

If not, can you get a letter from the Tunisian Embassy stating that refusal in writing?

You may be able to apply for a British passport in your name only, if you can prove to HMPO that you tried to get the name in your other passport changed, but were refused.

Also see Section 6.6 of Annex A Passports guidance.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

solstice21
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Re: Passport refused - uncancelled passport in maiden name

Post by solstice21 » Mon Jun 21, 2021 8:30 pm

Thank you for the fast reply.

I have spoken with the Edinburgh consulate (it is impossible to get any response from London Embassy) who have given me different responses depending on who I spoke to (one staff member asked to meet me in person and implied money should exchange hands). But none has followed up or responded to further enquiries. I have nothing in writing. All contact has been by phone. Some have said it can be changed. Some have said it cannot. But no further information comes.

My UK divorce is not valid in Tunisia, I need to divorce there to apply for a new passport in Tunisia. But the law around divorce now is that my ex-husband must have legal representation in the court there. That is not an option.

Also, if I travel outside the UK, as I no longer have a ILR biometric card, do I need to take my naturalisation certificate to get re-entry to UK on my Tunisian passport?

I am stuck for options at the moment. I dont want to risk applying for a UK passport and having the application stalled for months with them holding my Tunisian passport. But having to apply to have my ex-husbands name added to my naturalisation certificate and then UK Passport seems absurd and offensive. My unmarried name is good enough for the UK Home Office but not UKPO?

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Re: Passport refused - uncancelled passport in maiden name

Post by Tim000 » Fri Feb 17, 2023 9:41 am

We are going through the same problem. My wife's country of birth changed the agency that issued passports.
So the renewal was made in her maiden name. All passports now are made with their maiden name. Now we are asked to get the passport cancelled or get a new one with the married name.
Her naturalization certificate has the married name as her old passport.
I'm concerned because I'm living abroad now, but my children still live in the UK. We have had British passports for 20 years and the renewal of her passport has stalled.
This disproportionally affect women, is gender discrimination, really.
They should be ashamed of themselves!

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