Different Surnames on Child's Passport and Birth Certificate

[AliceIW]

Hello,

My husband and I are in the middle of filling in an EEA3 (for my husband who is a Spanish national) and an EEA4 (for myself) and would greatly appreciate some advice.

We got married in the UK five years ago and were granted residence permits soon after. A few months later our daughter was born and we registered her in the UK under her father’s full surname (B*** De H***), which happens to be double, as it is for all Spanish nationals. About a year later we needed to travel abroad, at which point we applied for her passport at the Spanish Consulate. We tried to insist that she be registered under her father’s full surname as it appeared in her birth certificate. However, under the Spanish law, the child must have both her father’s (the first part only) and her mother’s surnames and, as it turned out, there was no bending this rule for mixed marriages like ours. So, as a result, the second part of the surname registered in our daughter passport (B*** T***) is different to the second part of her surname in the birth certificate (B*** De H***), although the first part is the same on both.

The EEA3 form requests my husband to include family members, such as a child, who are EEA nationals and submit their passports alongside his. It also requests to provide proof of relationship by providing the child’s birth certificate. Would this surname mix-up potentially jeopardise our applications?

We would greatly appreciate your help. Thank you very much in advance.

[acme4242]

I have an even worse situation, my sons have dual citizenship and dual
passports, with different names on each passport because of similar
administration arrogance.

I was advised to update the passports name with (also known as)
Can that be an option for you.

[AliceIW]

I have an even worse situation, my sons have dual citizenship and dual
passports, with different names on each passport because of similar
administration arrogance.

I was advised to update the passports name with (also known as)
Can that be an option for you.

Thank you for the suggestion. It could be an option. You made me realise something which I have completely missed: my daughter's passport has expired as it was only issued for two years! So I can't submit it. Do I need to get a new one or can I submit the birth certificate only? Should I mention the other surname, as this is the one she is registered under in the Spanish Consulate, in our Spanish "Family Book" and the surname she will have in her future passport when we need to travel again? Or perhaps I can include her in my application (EEA4)?

I do apologise for this shower of questions, I am so confused! I will greatly appreciate help.

[boloney]

You don't Have to include kids on eea3 or eea4 if you don't need it.
Anyway if child isn't 5 years old and you don't Have supporting documents for child they not gonna issue PR for child.
My brother did send eea3 and put his kids as family memners, youngest one was 2 years old at the Time, ukba refused to issue PR for her.

I have an even worse situation, my sons have dual citizenship and dual
passports, with different names on each passport because of similar
administration arrogance.

I was advised to update the passports name with (also known as)
Can that be an option for you.

Thank you for the suggestion. It could be an option. You made me realise something which I have completely missed: my daughter's passport has expired as it was only issued for two years! So I can't submit it. Do I need to get a new one or can I submit the birth certificate only? Should I mention the other surname, as this is the one she is registered under in the Spanish Consulate, in our Spanish "Family Book" and the surname she will have in her future passport when we need to travel again? Or perhaps I can include her in my application (EEA4)?

I do apologise for this shower of questions, I am so confused! I will greatly appreciate help.

[AliceIW]

[quote="boloney"]You don't Have to include kids on eea3 or eea4 if you don't need it.
Anyway if child isn't 5 years old and you don't Have supporting documents for child they not gonna issue PR for child.
My brother did send eea3 and put his kids as family memners, youngest one was 2 years old at the Time, ukba refused to issue PR for her.


That would make things much easier. My daughter is not 5 till September.
Thank you very much for your reply!

[Directive/2004/38/EC]

Just so it is clear. If your daughter is a Spanish national, then you do not need to apply for anything for her. She can come and go on her Spanish passport, when you end up renewing it.

After living in the UK for a while, she could also become British.

[AliceIW]

Just so it is clear. If your daughter is a Spanish national, then you do not need to apply for anything for her. She can come and go on her Spanish passport, when you end up renewing it.

After living in the UK for a while, she could also become British.

Thank you for your reply. If I understand correctly, I do not need to include her at all in any of the applications, either my husband's (EEA3) or mine (EEA4)? Thank you very much for your help.

[Directive/2004/38/EC]

Let me step back for a second. Is there a specific reason your husband is applying for confirmation of Permanent Residence? Does you daughter also need that confirmation also?

Note that each of you are not legally required to get the confirmation: You have permanent residence even if you do not apply.

If you have a non-EU passport, then it may be easier for you to have explicit confirmation in your passport, for travel and for proving that you can work.

[AliceIW]

Let me step back for a second. Is there a specific reason your husband is applying for confirmation of Permanent Residence? Does you daughter also need that confirmation also?

Note that each of you are not legally required to get the confirmation: You have permanent residence even if you do not apply.

If you have a non-EU passport, then it may be easier for you to have explicit confirmation in your passport, for travel and for proving that you can work.

I have a non-EU passport and need the confirmation to avoid trouble. I am also including my husband's application, who is Spanish, simply to support my application, as suggested by BA website. But now that you mentioned it, it would probably make things simpler if I only apply for myself. Thank you very much for your help!

[Directive/2004/38/EC]

Couple more things to think about, since it is a Sunday:

Your daughter is eligible to register as a British citizen, since she was born in the UK and you (or your husband) now have PR. You can find more on the UKBA web site about this.

Not sure exactly what Spain thinks of this sort of dual citizenship. See http://en.wikipedia.org/wiki/Spanish_na ... ationality It sounds like it should be fine, as long as she continues to actively use her Spanish citizenship.

And note that you can apply to be a British citizen one year after you have PR, assuming that is of interest.

[AliceIW]

Couple more things to think about, since it is a Sunday:

Your daughter is eligible to register as a British citizen, since she was born in the UK and you (or your husband) now have PR. You can find more on the UKBA web site about this.

Not sure exactly what Spain thinks of this sort of dual citizenship. See http://en.wikipedia.org/wiki/Spanish_na ... ationality It sounds like it should be fine, as long as she continues to actively use her Spanish citizenship.

And note that you can apply to be a British citizen one year after you have PR, assuming that is of interest.

Thank you very much for this and all the help. I will not be the first one to say how great this board is. Thank you all very much!