Change name before spouse visa application?

[Robstin2014]

Hi,

I got married 2 months ago to my wife who is an American citizen on a Tier 4 Student Visa expiring soon.

We got married in the states and it is proving to be difficult to change her name on documents like her passport and BRP card.

The passport shouldn't be too difficult, however the BRP card is the real issue, it seems that it could take 8 weeks or so which could put my wife at risk of going over her visa expiry date.

We are considering not changing her name until after her spouse visa is granted and submitting her application with her maiden name on it. Do you think this would be okay or would the UKBA think its suspicious that we are married yet she still has her maiden name?

Any help would be appreciated.

[CR001]

No issues. There is no UK legal requirement to change your name after marriage.

You could of course not change the brp and only change her passport and then apply soonest for a spouse visa if you meet all the requirements. No issue doing this either.

[Robstin2014]

Will they not have a problem that the documents have different last names?

And also isn't there a requirement to update your BRP card ASAP after a change of circumstance?

I really appreciate your help.

[CR001]

You have a marriage cert showing the marriage and change of name.

You are overthinking. If she is changing visa there should be no problem. She must change her passport though if she wants her married name on her new visa.

When do you plan on applying for her spouse visa??

[Robstin2014]

I am a bit of an overthinker....

We can apply 1st of April 2019 as that is when I will have 6 months worth of payslips earning £18,600.

[seagul]

I am a bit of an overthinker....

We can apply 1st of April 2019 as that is when I will have 6 months worth of payslips earning £18,600.

Over thinking in UK visa matters is a good habit. Marriage certificate is the biggest proof of change of name and along with your new passport it will definitely work whenever you ready to apply.

[Robstin2014]

Possibly overthinking again, however just thought I’d ask.

1) Doesn’t updating her passport but not her BRP go against the HO Change in Circumstances guidance: https://www.gov.uk/change-circumstances-visa-brp

2) If so spouse visa processing times can be up to 12 weeks from what I understand which would be enoughy time to break this rule in itself.

3) We have an appointment with the US Embassy in London on Thursday to get her passport changed to her married name. Based on the above, would you still advise we are doing the right thing based on the timings. (We really want to have her name changed already).

Thanks for all your help!

[seagul]

Possibly overthinking again, however just thought I’d ask.

1) Doesn’t updating her passport but not her BRP go against the HO Change in Circumstances guidance: https://www.gov.uk/change-circumstances-visa-brp

2) If so spouse visa processing times can be up to 12 weeks from what I understand which would be enoughy time to break this rule in itself.

3) We have an appointment with the US Embassy in London on Thursday to get her passport changed to her married name. Based on the above, would you still advise we are doing the right thing based on the timings. (We really want to have her name changed already).

Thanks for all your help!

If you search the board then will see hundreds of threads on similar topic and members have no issue in doing so.

[Robstin2014]

Hi, thank you for your help again.

Would you be able to link any similar threads as I'm struggling to find them.

Also, would we be required to send her current BRP card in the post when we submit her application?