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New policy regarding passport names for dual nationals.

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Antsmall
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New policy regarding passport names for dual nationals.

Post by Antsmall » Tue Sep 20, 2016 9:06 pm

Greetings all. In a couple of threads people have described their trouble obtaining a British passport in the name of their choice (often their married name) because the passport office requires that 'all uncancelled foreign passports' be sent, in the original or in a full colour photocopy, when applying for a British passport, and has then been refusing to issue a passport in any name which is not identical to the one on the foreign passport because of a policy of enforcing one name for all purposes, with a stated aim of preventing fraud and crime through the use of multiple identities. (We have discussed the futility of this at length: if a person CAN change the name on their foreign passport at will, then they can also change it again after applying for a British passport, thereby undermining the security purpose of the policy).

Good news now, though: after more than a year of endless prodding by yours truly and hard work by various people in the Lords, the new passport name guidance is here, and it allows people to obtain a passport in the name of their choice if they can prove that their foreign citizenship doesn't allow them to change their names and also demonstrate that they are now using their desired name 'for all purposes' (which in Britain is easy: take a marriage certificate into the bank and they'll change your account name within minutes). The new policy specifies that in such cases a note in the British passport will explain that the holder is also known by their other name on their foreign passport.

This also helps transgender people whose non-British citizenship doesn't recognise gender changes.

Without further ado, here is the new name policy page, which contains two pdf documents:

https://www.gov.uk/government/publicati ... e-guidance

In the first pdf, "Use and Change of Names" (click on "Change of name guidance"), the relevant portions are paragraphs 26 to 28. They allow the issue of a British passport in a name other than that on a person's foreign passport if the person can prove that the foreign country of which they are a citizen won't allow them to change their names, and that they have been using their new name (the name desired on the British passport) 'for all purposes'.

In the second pdf, "Annex A: Use of Names in Passports", the relevant sections are paragraphs 6.5 to 6.7. They reiterate the material from the first pdf, provide a few more details, and specify that in such a case, an observation will be placed in the British passport explaining that the person is also known by their other name on their foreign passport.

The new documents also make provision for people who have trouble changing their names on their foreign passports because this would require them to travel to the foreign country to change their passports, but the standard there (Annex A, paragraph 6.7, part iii) is that the person would have to be 'placed at a high level of risk' in order to travel to their other country of citizenship.

For those of you who are affected, I suggest mentioning these two documents, and the relevant portions thereof, in your passport application and even printing out the operative pages (two pages from each document, so it won't be a matter of sending reams and reams of paper).

I really hope that this finally solves the problem of the increasing number of people who, through no fault of their own, were having problems obtaining a British passport in their desired name just because their foreign citizenship didn't allow any alteration to their name.

Good luck to us all! :mrgreen:

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Re: New policy regarding passport names for dual nationals.

Post by secret.simon » Tue Sep 20, 2016 10:16 pm

Antsmall wrote:hard work by various people in the Lords
Could you name the relevant people?

I have always thought that the Lords get a lot more done out of the public eye, because they are persuaded by logical arguments and not party politics. And due to their expertise, they have a great amount of influence on scrutiny of European legislation and secondary legislation, which is what tends to impact immigrants the most.

Baroness Deech has written an insightful article on how to lobby members of the Lords.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Antsmall
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Re: New policy regarding passport names for dual nationals.

Post by Antsmall » Tue Sep 20, 2016 10:42 pm

For the change in the passport name policy, the star player is Lady Lister. There are also the three successive ministers who worked on it, chronologically: Lord Bates, Lord Keen of Elie, and Baroness Williams of Trafford. Laura Pearson, head of HMPO identity policy, also worked on it after it went from Lady Lister to the successive ministers to her. For finally securing the UKF citizenship route after so many years of struggle, the star player was Lord Avebury, who unfortunately died in February, and he was supported in this by Lady Lister, Lady Basildon, and several others when it finally came to a debate in the Lords; Julian Huppert, who was MP for Cambridge at the time, was also working terribly hard for the UKF route. He tried to get it started from the Commons but all sorts of technical difficulties prevented it; then Lord Avebury managed to get it in through the Lords.

And yes, it seems that weirdly enough it's often easier to change laws by initiating it through the Lords - at least that is my personal experience. As you say, they don't always have to be thinking of re-election. Talking to Lord Avebury I was always amazed by the breadth of his expertise and how meticulously he paid attention to the details of widely varying and complex issues. There were things that he cared about - often unpopular causes which would never have been 'vote magnets' - and he was in a position to get them sorted out, and he did. Using power for good - sometimes it happens!

secret.simon
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Re: New policy regarding passport names for dual nationals.

Post by secret.simon » Tue Sep 20, 2016 11:22 pm

Antsmall wrote:Talking to Lord Avebury I was always amazed by the breadth of his expertise and how meticulously he paid attention to the details of widely varying and complex issues. There were things that he cared about - often unpopular causes which would never have been 'vote magnets'
Probably the best argument for an unelected House of Lords.

Indeed, Lord Avebury was well-known for his focus on various aspects of human rights. He will be sorely missed.

As an aside, it was his ancestor, Sir John Lubbock (later 1st Lord Avebury), who is responsible for Bank Holidays as we know it. Initially (in the 1880s), they were called "Lubbock days".
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Antsmall
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Re: New policy regarding passport names for dual nationals.

Post by Antsmall » Tue Sep 20, 2016 11:29 pm

Lord Avebury was a star. I corresponded with him extensively on email because of the UKF struggle (which is also how I was in contact with the fantastic Lady Lister), but never got to meet him in person as I'd always hoped. A bizarre twist is that after he succeeded in getting the UKF amendments into the Immigration Act 2014, I discovered that he was a distant relative. So it wasn't nepotism! At least, not intentionally so.

How to run a country - a tremendously difficult issue. Ach. I (inter alia) haven't figured out how, but having some sort of 'panel of kindly scholars' with advisory powers might be one part of one possible plan. Of course, then there are the questions of 'who chooses the kindly scholars', 'kindly to whom', etc etc etc. Ah, humans.

Noetic
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Re: New policy regarding passport names for dual nationals.

Post by Noetic » Wed Sep 21, 2016 5:34 am

Excellent news & agreed on the Lords, lack of pandering to party politics and having in depth interests and expertise makes me uncomfortable about an elected Lords. MPs are mostly too worried about getting re elected (and those that work hard and engage in their special interest subjects, like Julian Huppert, often end up losing their seat due to party politics) to focus properly on legislation.

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Re: New policy regarding passport names for dual nationals.

Post by ouflak1 » Wed Sep 21, 2016 12:12 pm

Well I'm still concerned about the classic situation that really targeted women: Where a women marries and changes her name, but can't change the name of any previous passports because of loss of citizenship, expiry, lack/refusal/non-existance of beuracratic support from the respective government, other (now) foreign legal barriers, etc. I was kind of hoping that the paragraph dealing with this situation in particular, that inspired the 24 page thread, would have been placed before the transgender exceptions (a far less numerous affected minority).

Something like:
  • 21. Where a person can show they are no longer able to amend, use for travel, or use for identification their previous passport(s) due to:
    • a) Loss of previous nationality and/or
      b) Laws in that country preventing name changes and/or
      c) Other laws regarding a women's legal status after marriage and/or
      d) Lack of any legal remedies to effect a name change on an expired or cancelled passport
I can't quite see where that typical scenario has been corrected by this policy.

Also, the fact that a British citizen, who is a dual national with a name change, must have their former name published is worrying. It potentially makes the passport holder a target for discrimination, even for doing something as simple as coming back into their own country - the United Kingdom. I can already see all sorts of awkward questions that people without that special 'observation' will never have to face.

I have a feeling that this issue is not going to go away. Hope I'm wrong.

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Re: New policy regarding passport names for dual nationals.

Post by ouflak1 » Wed Sep 21, 2016 12:30 pm

I'm even concerned about the use of the phrase 'Foreign Nationals' in the updated guidance. Almost all of the women negatively affected by the previous policy were only British citizens. Indeed, that was often the crux of the problem! Their former countries would no longer allow them any conselor services (such as changing a name, or cancelling a passport, or providing an explanatory letter, etc...).

Good that you kept after this Antsmall. But I think this still needs some more work.

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Re: New policy regarding passport names for dual nationals.

Post by slpj » Tue Nov 15, 2016 2:19 pm

Hello all. I've joined this board for some urgent help.

Specifically, --- what will HMPO accept as proof, that a foreign country does not allow gender or name change?

My partner is a Transwoman. Happily she has just had her naturalisation application approved. This Thursday 17th November, she will receive her naturalisation certificate, and then apply for her first British passport.

Her country of origin does not allow name and gender change. But, since arrival in the UK almost 6 years ago, she changed her name by UK deed poll, and obtained formal recognition via a full gender recognition certificate. ALL her UK douments are in her female name and gender, and she lives that way. Her naturalisation certificate will be in her female name and gender. So all should be well. However ---

Forgive me if I paraphrase Antsmall.
Antsmall wrote: ----
Good news --- the new passport name guidance is here, and it allows people to obtain a passport in the name of their choice if they can prove that their foreign citizenship doesn't allow them to change their names --- . --- The new policy specifies that in such cases a note in the British passport will explain that the holder is also known by their other name on their foreign passport.

This also helps transgender people whose non-British citizenship doesn't recognise gender changes.
:mrgreen:
This is indeed fantastic news, because further to that, On page 8 of Annex A,
6.10 says, ----
" In the case of (iv), the details of any previous passport held should not be disclosed unless it relates to the same gender as the passport to be issued. The applicant will be required to provide the same level of supporting documentation."

Hence as long as she can supply the correct proof, her passport will NOT be endorsed with an observation that would otherwise have disclosed her GRC protected status.

She wants to submit the correct evidence in full the first time, But as per my question above, EXACTLY what will the HMPO accept as proof? Is there a definition of acceptable "supporting documentation", to prove that a country does not allow name and gender change? My partner cannot get a letter from her embassy stating this. Is it enough to simply point out that what is well known about the Philippines, that it does not allow name and gender change?

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Re: New policy regarding passport names for dual nationals.

Post by noajthan » Tue Nov 15, 2016 2:27 pm

slpj wrote:...

But as per my question above, EXACTLY what will the HMPO accept as proof? Is there a definition of acceptable "supporting documentation", to prove that a country does not allow name and gender change? My partner cannot get a letter from her embassy stating this. Is it enough to simply point out that what is well known about the Philippines, that it does not allow name and gender change?
This is probably uncharted territory.

Suggest spend a day in London embassy - you may eventually manage to persuade an official to generate a letter. It should quote relevant PH legislation (Republic Act xxxx). I have done this, for a different reason.

Worst case find out and quote relevant RA yourself.

Good luck.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

LilyLalilu
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Re: New policy regarding passport names for dual nationals.

Post by LilyLalilu » Tue Nov 15, 2016 2:32 pm

Tricky - my friend from Germany is just going through this process and submitted a letter from our Embassy stating that name changes are only allowed if they cause the bearer embarrassment/psychological issues etc.

As you can't get seem to get a letter from the Philippine Embassy, could you maybe obtain the relevant paragraphs in Philippine law and have them translated into English? Just an idea, maybe it'll work.
All information given is just my opinion as a member of this forum and does not constitute immigration advice.

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Re: New policy regarding passport names for dual nationals.

Post by slpj » Tue Nov 15, 2016 3:52 pm

Hi both,

Thanks for those prompt replies. Yup it is indeed tricky. I just rang hmpo application support, and was eventually passed to someone who was believed to know about this. But he knew nothing at all about it, and said that all brit passports must align with foreign docs. I was able to point him to the above pdfs on the gov.uk website, and he read 6.10 (iv) for himself. He said he will ask a manager in policy for guidance and call me tomorrow. Meanwhile, he didn't sound hopeful.

We tried before to get a letter from the Phil's embassy, explaining phils law on this, and they said they couldn't/wouldn't do it. That was for another related matter.

I'm now trying to find out how she cancels her Phil's passport, so that she doesn't have to submit it. But even if she can do that, the HMG advice still says having the ability to obtain a foreign passport must be declared --- Annex A 8.1-8.3

"disclosure of an existing passport or ability to apply for a passport issued by another country is necessary and relevant to the UK passport application and issuing process.
8.2 Being in possession of an existing passport or the ability to obtain a passport from another country is part of the decision making process in considering an application for a British passport. It is an important element of the identity confirmation process.
8.3 Failure to disclose this information during the application process is a criminal offence and may render the applicant subject to criminal prosecution."


She can easily abandon her phil's nationality, but, a), this was proposed by hmg this year and has been overturned in favour of the current policy because it was grossly discriminate and unfair towards trans people, and b), she can just as easily re-apply for Phil's nationality and a passport again. Hence whatever she does she has to declare and still has to find some way to prove the situation to the HMPO. Grrrrr.

As Ansthall said, we'll include the appropriate sections from those pdfs, but after this conversation, it's not looking good, if the people approving the applications haven't even been informed of all policies. The chap I spoke with, who was very helpful and pleasant, wasn't aware of the refusal of the Philippines to allow name/gender change, and doesn't think they will accept anything explaining it from the internet. I asked if they would research it if my partner pointed it out in a covering letter, but he didn't think that would be sufficient. So what do they want? They have a policy, they don't appear to know about.

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Re: New policy regarding passport names for dual nationals.

Post by noajthan » Tue Nov 15, 2016 4:02 pm

slpj wrote:Hi both,

...

So what do they want? They have a policy, they don't appear to know about.
The lack of joined up thinking in this area has been since early 2015 when these issues first became apparent (initially impacting married women who naturalised with passport in maiden name).

By virtue of becoming British your spouse has already lost Philippine nationality. (Yes, it can be reacquired under R.A.9225 but that is a further step).

So by default the Philippine passport is now invalid - even if it has not been stamped or punched as "cancelled".
In our case (based on a 'simpler' married/maiden name issue), HMPO insisted on a letter from embassy to that effect.

That's what took some persuading but we got a supporting letter in the end: to confirm original nationality is revoked and original passport is cancelled.

So it can be done via London embassy.
Details here:
http://www.immigrationboards.com/britis ... t#p1181344
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: New policy regarding passport names for dual nationals.

Post by slpj » Tue Nov 15, 2016 4:17 pm

LilyLalilu wrote: ---- could you maybe obtain the relevant paragraphs in Philippine law and have them translated into English? Just an idea, maybe it'll work.
.

I've just been looking for that too.

The trouble is, there isn't any legislation -- that I can find --- to show that the philippines doesn't allow gender recognition and name change, So there is no RA to quote from or submit. Amazingly there is pending legislation being promoted by a Filippine Transwoman congresswoman there I believe, but it's stalled as far as I know, and I can't find it anywhere.

All there seems to be is a supreme court decision to say that gender and name related change is unlawful, - -- unless the person involved is suffering from "congenital adrenal hyperplasia", which of course very few if any Transgender people are.

But still, G.R. No. 174689, http://sc.judiciary.gov.ph/jurisprudenc ... 174689.htm may do the trick, if I can get the people at hmpo to read it. I've downloaded it to a word doc, and we'll use it in a covering letter to quote from I suppose. I can't tell you how stressful this is. Although I'm gussing some people on here already know. :(

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Re: New policy regarding passport names for dual nationals.

Post by slpj » Tue Nov 15, 2016 4:34 pm

noajthan wrote:
slpj wrote: By virtue of becoming British your spouse has already lost Philippine nationality. (Yes, it can be reacquired under R.A.9225 but that is a further step). So by default the Philippine passport is now invalid - even if it has not been stamped or punched as "cancelled". In our case (based on a 'simpler' married/maiden name issue), HMPO insisted on a letter from embassy to that effect.
That's what took some persuading but we got a supporting letter in the end: to confirm original nationality is revoked and original passport is cancelled.
But as yet, we haven't married. We couldn't until she obtained a GRC. This was before the same sex marriage act, but in any event, as she is a woman and not a man(I'm a man), we didn't want a civil partnership or a same sex marriage. Hence, she came here as my "unmarried partner". And to avoid further complications in the immigration process, we've waited for brit citizenship for her, before getting married. But the Phil's won't recognise the marriage anyway, because they don't accept her UK gender change. Hence they won't revoke her nationality or passport on those grounds. I already know this, because I had the UK foreign office produce a letter statng that her UK BRP in her UK name and gender, was ligitimate and accepted that her Phil's passport was in a different name. We got the Phil's consulate in London to "legalise" the FO letter so that she could produce the BRP when leaving the Philippines, to prove she had a right to enter the UK in a name other than that on her Phil's passport. It was in that process that we tried to get the embassy to write a letter stating the Phil's law/position on gender recognition. I spoke with the Philippine consualte myself on the telephone, and the best she would/could offer, was to endorse a letter from the UK FO. But that letter didn't refer to Phil's law. I asked the FO to cite the philippines postion in the letter, but the FO wouldn't as it wasn't really their concern.

That said, I've been trying all day to get the Phil's embassy on the phone, but so far, all I get it voice mail. I'll keep trying.
Last edited by slpj on Tue Nov 15, 2016 4:40 pm, edited 1 time in total.

noajthan
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Re: New policy regarding passport names for dual nationals.

Post by noajthan » Tue Nov 15, 2016 4:39 pm

slpj wrote:But as yet, we haven't married. She came here as my "unmarried partner". And to avoid further complications we've waited for brit citizenship for her, before getting married.

...

That said, I've been trying all day to get the Phil's embassy on the phone, but so far, all I get it voice mail. I'll keep trying.
My point is that simply by naturalising as British the previous PH nationality is lost.
Its not about marriage.

And when dealing with PH embassy its best to go there. Budget for a whole day. Be persistent (and patient).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: New policy regarding passport names for dual nationals.

Post by slpj » Tue Nov 15, 2016 4:49 pm

Hi noajthan,
noajthan wrote: My point is that simply by naturalising as British the previous PH nationality is lost. --
Is it? Is this new? I discussed exactly this with the phil's consulate in London. I was told of someone in Germany, who said they had to surrender Phil's nationality, because she applied for german citizanship. The Phil's consulate told me that was a german decision, not a philippines one, and that it doesn't not apply in the UK, where both the UK and the Philippines allow for continuing dual nationality.

Can you point me to something to explain that my partner automatically loses phils nationality when becoming a brit cit? She has Phil's friends here who have dual nationality and they haven't mentioned this at all. They are all non-trans, and hence have no issue with passport names.

Edit. Do you mean this Noajthan? Republic Act No. 9225, or the Citizenship Retention and Reacquisition Act of 2003. I/we hadn't realised this. I'll keep trying to get on to the embassy, to try and confirm what you say, but as you say, it seems the best way is to go there. As you said earlier, nothing in this process, is well joined up. :(

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Re: New policy regarding passport names for dual nationals.

Post by slpj » Tue Nov 15, 2016 5:16 pm

Thanks noajthan. I think you have solved the problem for us. You'd think someone at the hmpo might have known about this. ;) And you'd think we would have known about it too. lol. I guess her friends must have reapplied for phil's nationality after becoming brit cits?

Anyway, she gets her naturalisation cert on Thursday. Then we'll go to the Phils embassy and do as you suggest, and get a letter of some kind, stating that she is no longer a Phil's national, and that as a result she is no longer in possession of, and can't obtain a phil's passport. Maybe they'll officially cancel it there anyway.

Then she'll apply for a UK passport as a single national, explaining the above, and later reapply for her phil's nationality, but not bother to get a phil's passport.

Does that make sense?

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Re: New policy regarding passport names for dual nationals.

Post by noajthan » Tue Nov 15, 2016 5:25 pm

slpj wrote:Thanks noajthan. I think you have solved the problem for us. You'd think someone at the hmpo might have known about this. ;)

Anyway, she gets her naturalisation cert on Thursday. Then we'll go to the Phils embassy and do as you suggest, and get a letter of some kind, stating that she is no longer a Phil's national, and that as a result she is no longer in possession of, and can't obtain a phil's passport. Maybe they'll officially cancel it there anyway.

Then she'll apply for a UK passport as a single national, explaining the above, and later reapply for her phil's nationality, but not bother to get a phil's passport.

Does that make sense?
In my experience, HMPO know next to nothing about PH law and policy.

Yes, that's the relevant law: R.A. 9225. By becoming another national the citizen forsakes PH nationality but they are allowed to reacquire it later (and so become a dual national).
This is important for access to land/property ownership rights & etc in PH.

The reacquisition is fairly easy, just allow another half day at the embassy - its all done and dusted on the day.
No need to obtain a passport even when PH citizenship is reacquired.

There is no need to reacquire straight away. We got the letter sorted out well before the reacquisition.
And its possible for a former citizen to travel to Philippines on their new British passport and remain there up to one year (without visa) under balikbayan privilege.

If partner has SSS there may be some changes to be updated there too; there's an SSS office next door to London embassy.

Yes, that outline plan should work - its more or less what my wife had to do when she was caught out by this name/identity policy in early 2015.
And at that time both HO and HMPO denied existence of such a policy. And then refused to explain what it was and what to do about it.
How we laugh about it all now.

Enjoy Thursday. Take own Bible if you wish - its permitted.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: New policy regarding passport names for dual nationals.

Post by slpj » Tue Nov 15, 2016 5:56 pm

noajthan wrote: And its possible for a former citizen to travel to Philippines on their new British passport and remain there up to one year (without visa) under balikbayan privilege.

If partner has SSS there may be some changes to be updated there too; there's an SSS office next door to London embassy.

Yes, that outline plan should work - its more or less what my wife had to do when she was caught out by this name/identity policy in early 2015.
And at that time both HO and HMPO denied existence of such a policy. And then refused to explain what it was and what to do about it.
How we laugh about it all now.

Enjoy Thursday. Take own Bible if you wish - its permitted.
Well I'm glad you can laugh now, but I bet it wasn't much fun at the time. I've been trying to keep sane by laughing, but it's been a slog, that's for sure. Yup read about the take your own bible, the ceremony at least seems very user friendly and we are looking forward to that at least.

We hadn't realised about the balikbayan priviledge rules either, we've been so wrapped up in the rest of the process that we didn't know about that. Very useful as her father is getting on and one day she'll have to spend some time there. Also not sure if she has any SSS benefits, I think she assumed she lost them on leaving the Phils, I'll ask her.

Thanks again noajthan, you've taken a weight off. :)

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Re: New policy regarding passport names for dual nationals.

Post by noajthan » Tue Nov 15, 2016 6:02 pm

slpj wrote:Well I'm glad you can laugh now, but I bet it wasn't much fun at the time. I've been trying to keep sane by laughing, but it's been a slog, that's for sure. Yup read about the take your own bible, the ceremony at least seems very user friendly and we are looking forward to that at least.

We hadn't realised about the balikbayan priviledge rules either, we've been so wrapped up in the rest of the process that we didn't know about that. Very useful as her father is getting on and one day she'll have to spend some time there. Also not sure if she has any SSS benefits, I think she assumed she lost them on leaving the Phils, I'll ask her.

Thanks again noajthan, you've taken a weight off. :)
SSS can carry on - it seems to be designed for OCW and expat Filipinos; just top it up once a year - it may come in handy to have that nest egg one day.
The SSS office staff in London are helpful (or manage it online).

Just keep plugging away at it all. It'll work out in the end.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: New policy regarding passport names for dual nationals.

Post by slpj » Tue Nov 15, 2016 6:29 pm

ok thanks again noajthan. :) I'll update this thread as it progresses. :)

How would people manage, without help from boards like this one? -- :)

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Re: New policy regarding passport names for dual nationals.

Post by Antsmall » Tue Nov 15, 2016 7:53 pm

Here's what I did - this is intended as general help for anyone in such a situation, even if their non-British country does allow dual citizenship. (Note: for non-compliant consulates, please keep reading since I address that in the next paragraph). I researched the laws of my non-British country and their passport regulations, and then printed out the relevant bits of both, highlighting the operative paragraphs (in my case the problem was merely that my non-British country doesn't allow married names on the identity pages of passports). I wrote a letter explaining that these laws exist and therefore I can't have my married name on that passport; in the body of the letter I translated the relevant laws and regulations into English. I then got the consulate (notary section) of my non-British country to sign and stamp all these documents, stapled together (with the little corner folded over and the stamp over them, to show that all the sheets belong together and have been approved by the consular officials). In my covering letter which accompanied my British passport application, and also in the notes to the electronic passport application, I explained the name situation and the fact that I was sending proof of the name restriction. I also enclosed printouts of the pages of the two HMPO name policy pdfs which allow this flexibility regarding names, with operative portions highlighted, and in my covering letter I cited these regulations and explicitly authorised the HMPO to mention my maiden name ("holder is also known as" etc etc) on the observation page of my British passport if they saw fit. This did the trick and I received my British passport in the desired name rather quickly (after waiting more than a year to get my British citizenship by descent, so I was greatly surprised by the speed of the passport process). They didn't even bother to insert an observation regarding my maiden name in my British passport (perhaps because I wasn't removing my maiden name but merely adding my married name after it). Of course, in the new policy there is a provision for concealing the identity information on the foreign passport in the case of gender changes.

Now, I understand that some consulates or embassies are not as helpful as my non-British one; specifically I gather that Philippine embassies or consulates refuse to sign and stamp a letter of the type that I produced (though it might help if you prepare the letter in advance rather than make them write it, and then make an appointment with the notary section of the consulate and get it signed and stamped). In that case, what I would do, and what I was going to do if my consulate refused to sign and stamp my letter and supporting materials, is to consult a lawyer from the non-British country (you can easily get an hour's consultation for a fee which at most should be a couple of hundred quid) and get them to produce a letter containing the same information and accompanied by the same supporting materials.

In your case, therefore, slpj, if somehow there are difficulties convincing the HMPO that Philippine citizenship is lost automatically upon acquisition of another citizenship, OR if the HMPO insists that ability to reacquire Philippine citizenship quickly and easily constitutes 'ability to obtain a foreign passport in a different name' for purposes of British passport applications, I would schedule a telephone or skype consultation with the appropriate category of lawyer specialised in Philippine law, get them to indicate exactly which laws get in the way of gender (and accompanying name) change recognition, and obtain a letter from them explaining the situation and accompanied by the relevant laws. In that case, even subsequent reacquisition of Philippine citizenship and even a Philippine passport in the other name and gender won't constitute a barrier to obtaining future British passports. (And if the proposed law regarding transgender people does make it through the Philippine parliament, so much the better: sentiment all over the world is moving in the direction of more tolerant laws in such areas anyway).

When requesting this change in British passport rules I explicitly asked for transgender situations to be covered as well, and as you can see they did include provisions for people whose foreign countries don't recognise gender changes. Of course, this does not mean that all HMPO employees are aware of the new policy, but that just indicates that the methods of keeping employees up to date are inefficient; the policy is there and employees' ignorance thereof is immaterial to the validity of the policy.

I hope this is helpful in general (even for people whose foreign citizenships aren't automatically lost following acquisition of another citizenship).

Good luck!

slpj
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Re: New policy regarding passport names for dual nationals.

Post by slpj » Wed Nov 16, 2016 1:03 pm

Hello Antsmall.
" --- I explicitly asked for transgender situations to be covered as well, --- "

I hadn't realised the depth of your involvement in this. I'll take this opportunity to thank you on my behalf, my partners behalf, and on behalf of all Trans people. Finding people who understand the issues is hard enough, but finding people in a position to do something is even harder. Last year when the new names policy was first in place, it contained a clause that specifically denied Trans people, and only Trans people, their right to their foreign nationality, if they naturalised as British, couldn't change the foreign identity, and wanted a Brit passport. Not knowing at the time that the Phil's does this automatically anyway for any of it's nationals obtaining 'foreign' nationality, (but allows you to claim right back -- seems daft), we were on the brink of my partner relinquishing her Phil's nationality. But a), though she is proud to now be a British Citizen, she is also proud to be a Filipina. She wants to be able to enjoy the rights of still being a Filipina. And b) even more importantly, she has an elderly father in the Phil's, who relies on her for all kinds of things, that she probably couldn't do as only a Brit Cit. I sent a flurry of communications to various places, such as Press for Change, and to the Home office, etc, protesting the discriminatory nature of the clause. Eventually I got an email reply from the HO saying that it had been changed, and would be live from this September. I guess then from what you say you must have had a great deal to do with that change. Thank you so much. :)

And thank for for your reply in this, and specifically to our situation. I'm digesting all you've said. As you say, things are changing globally, and I'm hopeful that one day all nations will recognise Gender change. But in the Phil's that may be a long way off, because their legislation is still so closely tied to religion.

I've had a further tel conversation with hmpo. He said he is going to call me today, after speaking to a senior person in the policy section, to confirm the Annex A clauses, and to hopefully tell me exactly what will constitute acceptable proof of the Phil's lack of legislation on gender/name changes. But failing that, your advice on how to go about getting proof from the Phil's embassy in London, is very helpful. We've also now just discovered, that my partner's good Phil's friend here who is also a Brit Cit, has a close friend who works at a reasonably high level in the Phil's embassy in London. So that may give us a contact to someone in the Phil's embassy who can be more willing to help.

Our perspective on this has been my partner being trans. And we hadn't realised that this use of names policy has affected so many others -- non trans -- too. Whilst of course sorry for all those that have been badly affected by it, in this respect, we are also grateful that it has, because I can see that it added to the publicity and pressure to alter it. Trans are a minority in a minority. Getting trans issues to the mainstream has a been a long battle, it's ongoing, but far better than it has ever been. We're grateful for any help along the way from anyone for whatever reason.

I'll update this as I get more news. But again, my thanks to everybody.

jjm07
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Re: New policy regarding passport names for dual nationals.

Post by jjm07 » Sun Dec 11, 2016 9:36 pm

Is a letter signed by the embassy mandatory? This sounds like a pain, and my 'country of origin' country isn't very helpful. Could I apply with my deed + certified translation of an extract of the relevant regulations from my country of origin official government website?

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