Getting married whilst on ILR visa

[Ginjarou]

Hi,

My Japanese fiance is on a valid ILR via. We intend to get married soon but want to make sure we update everything accordingly.

The only thing I can think of is the BRP (or BRC - I get the two confused). She has biometric card so that will need updating.

I found this website page on Gov UK about updating details if we get married.

Is this the correct one though? It's a little confusing. And is there anything else we would need to update?

Thanks in advance!

[zimba]

Why do you need to update her Biometrics card ???! There is no legal requirement to change your name on official documents. You can use your married name along with your marriage certificate without any changes in the UK

[vinny]

She may also continue to use her maiden name.

[Ginjarou]

Why do you need to update her Biometrics card ???! There is no legal requirement to change your name on official documents. You can use your married name along with your marriage certificate without any changes in the UK

Thanks for the reply. My only thought was because on that Gov UK link it states that I should update if 'you have changed your name, nationality, facial appearance, date of birth, or gender'

The last thing I want to do is annoy Immigration

[Ginjarou]

She may also continue to use her maiden name.

My fiance only has a Japanese passport and British ILR (as Japan doesn't allow dual nationality). So I assume we either keep her maiden name on both the passport and BRP card or change on both? Which would be a hassle for sure.

[zimba]

If she changes her name in her Japanese passport, then you need to update the BRP. If she does not then there is no need.

[Ginjarou]

If she changes her name in her Japanese passport, then you need to update the BRP. If she does not then there is no need.

Sorry, I'm maybe missing something. But if we marry and she takes my surname, isn't she meant to change her passport? Or would just whenever it renews be acceptable? The same with the BRP card?

[zimba]

If she changes her name in her Japanese passport, then you need to update the BRP. If she does not then there is no need.

Sorry, I'm maybe missing something. But if we marry and she takes my surname, isn't she meant to change her passport? Or would just whenever it renews be acceptable? The same with the BRP card?

There is no requirement that someone take your surname. That is up to them. They may or may not choose to take your name and they may choose not to update anything.

[Ginjarou]

If she changes her name in her Japanese passport, then you need to update the BRP. If she does not then there is no need.

Sorry, I'm maybe missing something. But if we marry and she takes my surname, isn't she meant to change her passport? Or would just whenever it renews be acceptable? The same with the BRP card?

There is no requirement that someone take your surname. That is up to them. They may or may not choose to take your name and they may choose not to update anything.

Ok, but she will take my name. So therefore we would have to update all documentation?

[zimba]

As I explained to you, there is no legal requirement. If they choose to do so, the first move is to update their passport. Then everything else. Even if they choose not to update their documents, there is NO LEGAL OBJECTION. They can use their birth name alongside their married name. Both names can be used. Most people update their documents for consistency

[HiUKingdom]

My advice to your Japanese Fiancee: If she decides to take your name, do it when she registers her marriage with you at the Japanese consulate. Changing her maiden name to a married name at the time of marriage registration (Kon in todoke) is the easiest and simplest, and cheapest. As she is marrying to a non-Japanese without Japanese nationality, she can only change her surname at the time of marriage OR at a later date through a family court with supporting documents, evidence, application letter.

Do not get tempted to use her Japanese name with your name in brackets. (eg Emi Yamaha (Smith)). Some people, banks may refuse to accept Yamaha (Smith) shown in her passport as her official surname.

If she ever intends to apply for a British citizenship in future, then a British passport eventually, the name in her Japanese passport (= name registered on her family register in Japan,aka KOSEKI) will have to match with her British passport (aka one name policy?). The Japanese cannot change their surnames by deed poll. There is no such a thing in Japan. She can only change her KOSEKI name either at the time of marriage registration OR through a family court.

One piece of advice from my own experiences to your Japanese fiancee: When she changes her Koseki name to a non-Japanese name, be prepared to be discriminated back home in Japan. When they see her "foreign name" she may be asked to prove her Japanese nationality. (by showing her Japanese passport or her Koseki)