MariaD wrote:Hi all.
I don't have good news. No luck for my application, and I sent official complaint today.
Please, can we all share information where and to whom we complain. My application at Liverpool office (I guess all of us affected by same office or maybe by same team), I sent complaint to Newport. Not sure if it right address, as
Passport Office advice call-centre insisted to send complain to Liverpool. But I don't trust this office anymore. Want somebody else to work with my documents. Where my letter is will end up?
noajthan, how and where did you complained: by phone, email, or writing them?
examinator just ignored me. Didn't call last time it's all. Suppose to call today or tomorrow. Well. Will see. Spoke with 2 staff member from HMPO helpline yesterday: they are both have not heard anything about the policy and cases like mine. One of them said she is working for HMPO for 10 years. So is this policy exist?
Home office is not aware about this and said HMPO ignored their legitimate document (Naturalisation certificate).
Discrimination complaint for me won't work, as adviser said it should be all or many people of my nationality affected.
MP have not replied.
What is my next plan:
1. Want to send complain to London to Parliamentary and Diplomatic Enquiries Team. Do you think it's worth?
2. Will try to contact to person from NCS. He advised me to use any surname in naturalisation certificate and now I have problems. I paid money for this by the way. Will ask what he can advise or how he can help me.
3. Maybe will make official complain to Home Office. They must take responsibility for putting the marriage name in Naturalisation Certificate, while original
passport on maiden name or at list they should worn me that
passport will need change.
4. Keep my MP with up date. I know he's busy but it seems he will be still MP after elections, so he must do his job.
5. As I am British Citizen now, I am also EU citizen and have rights to move, which I can't use now because they denied my
passport. Where can I complain about this? My husband thinks MEP best person to complain. Any other suggestions?
MariaD,
so sorry to hear about that.
We are dealing with Durham office who are handling our application;
- still waiting on next response from them so we are not filing any complaint
at the moment.
As per the
passport guidance booklet there is a 4-stage complaints process; see page 22 of current guide:
At step 1, it says contact C.S.C. (at Newport).
At step 2, contact is to HM PO office in London.
- so not sure why they directed you from Newport to Liverpool.
I have been told by a
passport caseworker there is a policy on Dual Identity but
it is unpublished and not available on the public website. 
There are ofcourse some public policy docs on the HM PO website - including policies about:
names (& name change), official observations in passports (including for maiden names), dual citizenship, etc
- but none of them mention this type of catch-22 situation.
On discrimination the gov.uk website is clear. In general, discrimination is not acceptable & (often) against the law.
For example, discrimination on the basis of marriage or gender:
https://www.gov.uk/discrimination-your- ... rimination
This recent & internal identity policy of theirs appears to discriminate because it is catching out only
married women who happen to want to use their married name.
In fact,
only those who were recently naturalised in their married name (by UK Home Office)
- probably using the same
passport & certificate they then submitted to HM PO
The final part of the catch-22 is it seems that HM PO is refusing passports (or at least delaying decisions on passports) to those those who
previously used their maiden name;
- for example, in a current, foreign
passport
(typically when maiden name was used for their previous UK visa/settlement 'journey').
I think there's definitely a case to be made about discrimination.
So, my suggestions for your questions are:
1. Yes - suggest complain by following the process in the
passport guide
2.
About NCS.
We used NCS too & sadly this trap wasn't picked up by them at that initial stage either.
The Post Office is clear in their paperwork that the final decision on passports rests with HM PO (& any compensation seems to be limited to the NCS fee).
So a complaint to NCS probably won't resolve this for you. But it could alert them that their training is not adequate to cover this type of scenario.
3.
Home Office.
I agree - there's now a mismatch between Home Office & HM PO policies.
The UK policy on names & identities should be joined-up & consistent across all departments of government.
Ideally, it should be compatible with other country's policies on names & dual citizenship &
passport changes.
The rules should not be so rigid that people get trapped in a catch-22:
no British
passport due to a dual identity (so it becomes impossible to travel & also hard to prove right of abode in UK);
&
(often) unable to change or revoke original
passport/nationality either
This is an area MPs and MEPs should be able to dig into & help with.
4.
MP. Agree - and involving a MP is step 3 of the official complaints process.
Has to be worth doing, especially if they have a track record on human rights, women's rights &/or equality & (anti-)discrimination
Step 4 is to go to the Ombudsman.
5.
MEP - Yes, maybe try MEP too.
Again, especially if they have a track record on human rights, women's rights &/or equality issues.
Other ideas:
A few posts back in this thread I posted a number of advisory and legal organisations.
You could see if 1 or more of them can advise & help you here.
For example, your local CAB
or EASS:
https://www.gov.uk/equality-advisory-support-service
Other organisations are listed here:
http://www.migrantsrights.org.uk/about/advice-services
Use of maiden name:
In a letter to us the HM PO suggested my wife reapplies in her maiden name (
even though she was naturalised in her married name).
Annoying as it would be, as involves yet more time, effort & cost, it's still another chance.
If it's a way to move forwards you could try investigating that option with the HM PO for your case.
From the letter we received:
If the authorities are unable to amend your name so that it is the same as on your Naturalization certificate, or if the ... authorities state that you are no longer entitled to hold a <foreign> passport, we will require written confirmation of this from the <foreign> authorities.
&
Alternatively you may choose to have your name on your British passport as <maiden name>. To do this we will require a new application form in the name of <maiden name>, evidence of the change of name to <maiden name>, and documents to confirm you are now using the name <maiden name> for all purposes, such as a current letter from your employer or government department.
Finally, this from UK gov website:
A decision to refuse or withdraw a passport must be necessary and proportionate. The decision to withdraw or refuse a passport and the reason for that decision will be conveyed to the applicant or passport holder. The disclosure of information used to determine such a decision will be subject to the individual circumstances of the case.
The usual grounds for refusal of a British
passport seem to relate to criminals & terroists, not respectable married ladies:
https://www.gov.uk/government/speeches/ ... -passports
Suggest you insist & ensure you have every significant statement & decision from HM PO in writing; even if they tell you something verbally ask for it in writing too.
Then you or your adviser can decide if any decision to refuse or delay a
passport is actually
necessary & proportionate.
Don't give up - very good luck.
