Name on the passport problem

[AndyCooll]

My wife, who is Ugandan, has been with me here in the UK for nearly three years. And she has a visa entitling her to remain here indefinitely.
She has also been working throughout this time, and has an active national insurance number.

All fine so far ...

She has recently applied for another part-time job and been successful. And last weekend attended their two day introduction course.

However, they are now saying she cannot start employment. The problem they are stating is that the name on her passport (and therefore also the visa) isn't the same as that on her application form. This is because her passport is in her maiden name. So, even though she stated her maiden name on the application form and the birth date is consistent, they are insisting that she have a "residency permit" in her married name.
She has the marriage certificate which obviously has both names on it. She also has national insurance details, council tax details and, bank details etc in her married name. And of course she went through the National Insurance interview where they ask you your life history and what names you've been known as. She even has the Home Office passport letter granting the indefinite stay visa with both names on it!

We recognise that companies are legally obliged to check and ensure that all foreign nationals have valid visas and such. However surely we have all the necessary legal documents required. And surely the marriage certificate is the legal document necessary that links the pre-married name to her post-married name.

So, are the demands this company are making fair?

[PaperPusher]

Hello AndyCooll

There is advice for employers about preventing illegal working and a code of practice about avoiding facial discrimination on the Home Office website at http://www.ind.homeoffice.gov.uk/lawand ... galworking

I have just copied a brief part of the page about avoiding facial discrimination below, you may want to look at the rest, and also the stuff about preventing illegal working, yourself.

"Treat all people who apply in the same way. Ask all applicants for a document, or combination of documents from the lists below, and ask everybody if they need permission to work. A specified combination of documents from List two is just as valid as evidence of right to work as one document from List 1.

Don't assume a person is an illegal worker if they can't produce a document. Suggest they go to a Citizens Advice Bureau for further advice on what to do."

I would ask myself if they would refuse to accept a British passport in someone's maiden name, if they also had a marriage certificate and then other documents in a married name! Surely they can see from the picture in the passport (unless it is a very old passport perhaps) who the 'holder' of the passport is. If the picture is clear then it should be clear who the visa belongs to. There may even be a picture on the visa itself. I also know lots of women who use their maiden name and married name at the same time.

If the employer wants advice, they seem to need it, they can ring the Employers' Helpline on 0845 010 6677, Monday to Friday, between 9am and 5pm. The number is on the website if you use the link above.

Your wife might want to go to her nearest Citizens Advice Bureau.

All the best.

[AndyCooll]

Thanks very much for the reply.

I just thought I should provide an update to this. The following day my wife was speaking to the Area Manager (who was conveying these requirements given to him by human resources). I spoke to him and indicated points along the lines of what you have pointed out. I pointed out that if his daughter were to get married it wasn't a legal requirement that she change her passport. I indicated that the linking document was the marriage certificate and this was a legal document enforceable in any court. And that it was good enough for the NI people!

The following day (as we were sitting in a CAB she got another phonecall. This time they were just asking to see a P60!!

Sorted!