ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Passport refused - uncancelled passport in maiden name

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

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

Post Reply
MariaD
Newly Registered
Posts: 17
Joined: Fri Apr 17, 2015 2:49 pm

Re: Passport refused - uncancelled passport in maiden name

Post by MariaD » Sat Apr 25, 2015 11:43 pm

noajthan Sorry for me to be nosy. What is your wife going to do to her application? Have she made decision or are you going for further complaint?

MariaD
Newly Registered
Posts: 17
Joined: Fri Apr 17, 2015 2:49 pm

Re: Passport refused - uncancelled passport in maiden name

Post by MariaD » Sun Apr 26, 2015 11:20 am

I am probably was wrong, I can't return to UK just with Russian passport and naturalisation certificate/ This is probably not enough?
Last edited by MariaD on Sun Apr 26, 2015 11:38 am, edited 1 time in total.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Sun Apr 26, 2015 11:22 am

MariaD wrote:noajthan

thank you for explain about right to abode, but I think this is not what I am looking for. I had right to live in Uk permanently as I had ILR, but because of schengen visa process I decided to get Citizenship. Spent 1000 pounds and end up with even less rights that I had before. I need British passport only for holiday issues, that's it. I don't think right to abode will let me to go to schengen area. But if I travel to Russia for example I still have right to return to UK by my Russian Passport if I show naturalisation certificate. I think.
MariaD,

Agree, RoA is not ideal in this situation, it's a last resort & no good for free movement around Europe.
Just mentioned it so all options are on the table and can be weighed up.

I think you are right about entering UK by showing a naturalisation certificate.
- It may cause some delay & questions at the border but it does prove your right to be in UK;
one problem is its paper (fragile) & yet must not be laminated.

Would need advice from UKBF to be sure on this point about re-entry to UK.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Sun Apr 26, 2015 12:05 pm

MariaD wrote:I will complain to Parliamentary and Diplomatic Enquiries Team (PDET), (Official complaint to Passport Office on its way),
I will send complaint to Home Office Immigration (who issued my certificate), Probably, I will email to that minister who designed this policy, (don't know if it will make any effect),
definitely will challenge my MP after election (doesn't matter if he will be back of another one).
Will investigate possibility of women's right campaigners, thank you for suggestion (human's right campaigners wouldn't work as I called them earlier, they don't think it's discriminations)
How it's sits with law - can't say, need legal advise. Good advise will cost a lot of money, I can't afford.
But now I am looking for another suggestion maybe what you said before, change application to my maiden name. One think, I don't want to change numerous of documents what I already have here in UK.
MariaD,
Sounds like a good plan.

The HM PO announcement says they do not not intend legitimate applicants to suffer. But you are; we are.
So the policy clearly hasn't been thought through or tested properly. We are the 'guinea pigs' and it is is having unintended consequences.

So suggest you also try asking for an exception to be made in your case. Make your case at the highest level, not with the regular caseworkers.

After all you have been caught by the unpublicied changes in the new passport guidance (or is it policy).
If you had known in advance (if the guide notes & NCS were clear about it) you could have been naturalised in your maiden name, then all your docs would already match up - and no conflict with HM PO identity policy.
Last edited by noajthan on Sun Apr 26, 2015 10:48 pm, edited 1 time in total.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Sun Apr 26, 2015 12:20 pm

MariaD wrote:want to add, what about to give this to newspaper?
I don't know much about media & PR.
I think a sympathetic journalist & sympathetic newspaper is required

How about these journos & paper...
Guardian
http://www.theguardian.com/commentisfre ... ses-trauma

http://www.theguardian.com/commentisfre ... pouse-visa

Huffington Post
http://www.huffingtonpost.co.uk/2014/12 ... 47040.html

Sputnik
http://sputniknews.com/europe/20150213/1018226554.html

Also https://familyimmigrationalliance.wordpress.com
Last edited by noajthan on Sun Apr 26, 2015 1:43 pm, edited 2 times in total.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Sun Apr 26, 2015 12:38 pm

MariaD wrote:noajthan Sorry for me to be nosy. What is your wife going to do to her application? Have she made decision or are you going for further complaint?
MariaD,
For now we are trying to retrieve her passport from HM PO.
Under Philippine law (RA225) she is no longer a Philippine citizen & her passport is no longer valid.
(Her Philippine citizenship lapsed when she was naturaised in UK; to retain it she would have to apply via the embassy to become recognised as a Philippine citizen again).

HM PO (policy department) appear to have misundertood these legal points.

The embassy have now said it's possible to cancel the passport & issue a certificate to prove this (if we submit the passport to the embassy in London).

It means she is not a dual citizen & she has lost her various rights in the Philippines, (land rights, voting rights etc).
These can be retained at a future date if she so wishes.

Hopefully, the Certificate of Cancellation will be enough to avoid the 'Dual Identity' objection to getting a British passport issued.
So focusing on this plan for now & we're reserving judgement on all other actions after that.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

ouflak1
Senior Member
Posts: 950
Joined: Mon Jul 06, 2009 11:59 am

Re: Passport refused - uncancelled passport in maiden name

Post by ouflak1 » Mon Apr 27, 2015 12:28 pm

I just wanted to add that I personally think you may have a claim under Article 16 of the Universal Declaration of Human Rights, to which the UK is a signatory. In my opinion, the UK is denying you the right to engage in married life, and discouraging others to do so. They have been called out on this sort of thing before (and lost, though pyrrhically).

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Mon Apr 27, 2015 12:42 pm

About official observations in British passports - including observations for use of a maiden name:
https://www.gov.uk/government/uploads/s ... sports.pdf
All that is gold does not glitter; Not all those who wander are lost. E&OE.

LiaDoe
Newly Registered
Posts: 8
Joined: Sat Mar 28, 2015 11:43 am

Re: Passport refused - uncancelled passport in maiden name

Post by LiaDoe » Mon Apr 27, 2015 6:04 pm

Today I got my foreign passport back .
After all you have been caught by the unpublicied changes in the new passport guidance (or is it policy).
If you had known in advance (if the guide notes & NCS were clear about it) you could have been naturalised in your maiden name, then all your docs would already match up - and no conflict with HM PO identity policy.
I have applied for my first British passport in the middle of January and did not know about these new requirements that surname in my foreign passport must match the surname on application to the British passport .
I sent request in the March whether the HM PO will refund money for my passport application because I think the HM PO deluded me, not giving the right information and if I had been made aware or informed of these requirements, I would not have applied for a British passport and bear the financial costs of knowing that I cannot change the name on my foreign passport . And to date did not receive a reply :?
Any way I'm glad to get my foreign passport back at least I am now free again. Something is better than nothing 8)

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Tue Apr 28, 2015 11:30 am

ouflak1 wrote:I just wanted to add that I personally think you may have a claim under Article 16 of the Universal Declaration of Human Rights, to which the UK is a signatory. In my opinion, the UK is denying you the right to engage in married life, and discouraging others to do so. They have been called out on this sort of thing before (and lost, though pyrrhically).
That's an interesting idea.

And I found these examples in recent case law, related to Articles 8 & 17;
European courts have upheld a person's voluntary name changes as part of their right to a private life.
This seems to be when a national government was enforcing their own localised rules on names.

http://www.humanrights.is/en/human-righ ... and-gender

Very interesting to know if this principle would be upheld for our cases here.
Both the Human Rights Committee and the European Court have ruled that a person’s name falls under the protection afforded by the right to respect for private life.

...the Human Rights Committee established that a person’s name, including the power to change it, falls within the realm of privacy:

The Committee is of the view that a person’s surname constitutes an important component of one’s identity and that the protection against arbitrary or unlawful interference with one’s privacy includes the protection against arbitrary or unlawful interference with the right to choose and change one’s own name. For instance, if a State were to compel all foreigners to change their surnames, this would constitute interference in contravention of article 17.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Tue Apr 28, 2015 12:35 pm

LiaDoe wrote:Today I got my foreign passport back .
After all you have been caught by the unpublicised changes in the new passport guidance (or is it policy).
If you had known in advance (if the guide notes & NCS were clear about it) you could have been naturalised in your maiden name, then all your docs would already match up - and no conflict with HM PO identity policy.
I have applied for my first British passport in the middle of January and did not know about these new requirements that surname in my foreign passport must match the surname on application to the British passport .
I sent request in the March whether the HM PO will refund money for my passport application because I think the HM PO deluded me, not giving the right information and if I had been made aware or informed of these requirements, I would not have applied for a British passport and bear the financial costs of knowing that I cannot change the name on my foreign passport . And to date did not receive a reply :?
Any way I'm glad to get my foreign passport back at least I am now free again. Something is better than nothing 8)
LiaDoe,
do you mean your foreign passport has been returned - but no British passport issued?
Sorry to hear that.

Did HM PO suggest that you can apply again, this time in your maiden name?
(that's what they suggested to us, even if already naturalised in UK in a married name)
All that is gold does not glitter; Not all those who wander are lost. E&OE.

LiaDoe
Newly Registered
Posts: 8
Joined: Sat Mar 28, 2015 11:43 am

Re: Passport refused - uncancelled passport in maiden name

Post by LiaDoe » Tue Apr 28, 2015 6:39 pm

LiaDoe,
do you mean your foreign passport has been returned - but no British passport issued?
Sorry to hear that.
Yes.
Did HM PO suggest that you can apply again, this time in your maiden name?
(that's what they suggested to us, even if already naturalised in UK in a married name

Yes .
Unfortunately, I can not change my name on the maiden, it is not an option for me. I have change my name more than five years ago and have been using it for many years. I have unusual circumstances, I'm caught between the laws of different countries.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Tue Apr 28, 2015 9:38 pm

LiaDoe wrote:
LiaDoe,
do you mean your foreign passport has been returned - but no British passport issued?
Sorry to hear that.
Yes.
Did HM PO suggest that you can apply again, this time in your maiden name?
(that's what they suggested to us, even if already naturalised in UK in a married name

Yes .
Unfortunately, I can not change my name on the maiden, it is not an option for me. I have change my name more than five years ago and have been using it for many years. I have unusual circumstances, I'm caught between the laws of different countries.


Well it's very unjust.

In our case HM PO also told me this:
If the authorities are unable to amend your name so that it is the same as on your Naturalization certificate, ... ... we will require written confirmation of this from the <foreign> authorities[/b]


Can you get such a statement to help with any appeal for your case?

And for your name, are you aware you can change your name in this country with a deed poll document?
(As far as I know you can do this at any time, no matter how long you have used your existing name).
Of course I don't know if it will suit your circumstances (I think you mentioned before that it's complicated) but it is an option.

The passport rules also state decisions must be necessary & proportionate. For you the decision does not seem to be.
The new identity guidance/policy is also described as not intended to impede or interfere with married people. For you it clearly is interfering :!:

And the human rights cases I found earlier today (see posts above) link a person's identity and their rights to privacy and private life.

You are caught because the UK rules just got changed.

There must be a way to represent this to HM PO (and the ministers who are ultimately responsible) and make a case for an exception. So that you can get a decision that is proportionate; a decision that let's you get on with your life & one fully respects your European & human rights.
I hope so anyway.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Wed Apr 29, 2015 3:56 pm

Equality Now - women's rights campaign group
http://www.equalitynow.org/node/9
All that is gold does not glitter; Not all those who wander are lost. E&OE.

gemgirl23
Newly Registered
Posts: 7
Joined: Thu Mar 26, 2015 10:51 am

Re: Passport refused - uncancelled passport in maiden name

Post by gemgirl23 » Wed Apr 29, 2015 6:16 pm

gemgirl23 wrote:
noajthan wrote:Still nothing received in writing from HM PO to explain their apparent refusal of my wife's passport application.

Here's a similar recent case, again from this year:
http://www.immigrationboards.com/britis ... 79624.html

- clearly some internal rules have changed at the PO and yet the published guidance notes are out of sync & NCS seems unaware...
Hi I'm checking your thread almost everyday and also anticipating what PO will advise you what to do next. I find it ridiculous that the name "issue" didn't come up in the naturalisation application stage. It is basically the immigration/passport office issuing documents that they themselves will not accept. I.e Naturalisation certificate in new name. It is getting me nervous as I will be applying soon & not only did I changed my name once after marriage but also have changed it when I came over here when I was 16 & took over my Mum's new surname then. The other issue is I've now lost the original change of name deed but do have copies which I have sent in with my naturalisation app but now I am reading that PO can only accept originals. As I need to show proof for every change of name do I then do another deed poll just to support the change of name that happened years ago which I don't currently use now as I am married? I don't know what to do.
Almost there! Got my interview letter today!

I have been following this thread as like noajthan's wife I'm also a Filipina who had a change of name, not once but twice. And today I receive an interview letter & could not believe my eyes. The only issue I have though is that the passport office made a mistake on my interview letter & had the wrong house #, so I have called the booking hotline & they said they can't book my appointment just yet as HMPO needs to update their system. I left my contact # & was told that someone from HMPO will contact me ASAP. I have not receive a call yet so fingers crossed that I receive a call tomorrow.

I think that it may be too early to celebrate as I won't until I have that passport in my hand.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Wed Apr 29, 2015 6:39 pm

gemgirl23 wrote:
gemgirl23 wrote:
noajthan wrote:Still nothing received in writing from HM PO to explain their apparent refusal of my wife's passport application.

Here's a similar recent case, again from this year:
http://www.immigrationboards.com/britis ... 79624.html

- clearly some internal rules have changed at the PO and yet the published guidance notes are out of sync & NCS seems unaware...
Hi I'm checking your thread almost everyday and also anticipating what PO will advise you what to do next. I find it ridiculous that the name "issue" didn't come up in the naturalisation application stage. It is basically the immigration/passport office issuing documents that they themselves will not accept. I.e Naturalisation certificate in new name. It is getting me nervous as I will be applying soon & not only did I changed my name once after marriage but also have changed it when I came over here when I was 16 & took over my Mum's new surname then. The other issue is I've now lost the original change of name deed but do have copies which I have sent in with my naturalisation app but now I am reading that PO can only accept originals. As I need to show proof for every change of name do I then do another deed poll just to support the change of name that happened years ago which I don't currently use now as I am married? I don't know what to do.
Almost there! Got my interview letter today!

I have been following this thread as like noajthan's wife I'm also a Filipina who had a change of name, not once but twice. And today I receive an interview letter & could not believe my eyes. The only issue I have though is that the passport office made a mistake on my interview letter & had the wrong house #, so I have called the booking hotline & they said they can't book my appointment just yet as HMPO needs to update their system. I left my contact # & was told that someone from HMPO will contact me ASAP. I have not receive a call yet so fingers crossed that I receive a call tomorrow.

I think that it may be too early to celebrate as I won't until I have that passport in my hand.
Good to hear some encouraging news.

My daughter recently had her passport interview; she was nervous and made a few slipups but her passport was still granted.
Just be yourself - mabuhay!

We are going to embassy tomorrow to try to cancel my wife's original passport; hope it's enough to unblock what's stopping her British passport.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

gemgirl23
Newly Registered
Posts: 7
Joined: Thu Mar 26, 2015 10:51 am

Re: Passport refused - uncancelled passport in maiden name

Post by gemgirl23 » Wed Apr 29, 2015 7:11 pm

Salamat!
& good luck with the embassy trip tomorrow.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Fri May 01, 2015 7:41 am

gemgirl23 wrote:Salamat!
& good luck with the embassy trip tomorrow.
Spent most of yesterday at the Philippine embassy in London.

We seemed to confuse them by asking for a 'certificate of cancellation' for my wife's passport;
"You are no longer a citizen" (of Philippines) & "Your [PH] passport is no longer valid" was the response.

This is, of course. what we've been telling HM PO all along (for the past 2 months); it's unfortunate & frustrating the UK officials just haven't accepted it.

The Philippine embassy officials appeared unaware of any new UK policy on identity:
https://www.gov.uk/government/news/crac ... -detection

There did not seem to be an official form for requesting a cancellation of passport.

Anyway, after several rounds of discussion between various officials (& a trip to a post office & Rymans), we paid £18-- for a certificate to be issued.

Documents filed at the embassy were:
  • Philippine passport;
    copy of data page of passport;
    copy of UK naturalisation certificate (emailed to them later in day; sight of original was requested but that is still held by HM PO);
    copy of report of marriage (not sure why);
    copy of marriage certificate (not sure why);
    a self-addressed Post Office special delivery envelope for return of documents & papers;
    fee: £18-- (cash);
The certificate will be processed in "one working day".
However. due to a national holiday in Philippines today (recognised by the embassy) & the May bank holiday, am not expecting anything back until end of next week.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Fri May 01, 2015 11:14 am

From gov UK website:
https://www.gov.uk/discrimination-your- ... you-can-do
You may be eligible for legal aid to help with your legal costs if you think you’ve been discriminated against. You can get advice from Civil Legal Advice if you’re eligible.
See Civil Legal Advice:
https://www.gov.uk/check-if-civil-legal ... n-help-you
All that is gold does not glitter; Not all those who wander are lost. E&OE.

gemgirl23
Newly Registered
Posts: 7
Joined: Thu Mar 26, 2015 10:51 am

Re: Passport refused - uncancelled passport in maiden name

Post by gemgirl23 » Fri May 01, 2015 11:50 am

noajthan wrote:
gemgirl23 wrote:Salamat!
& good luck with the embassy trip tomorrow.
Spent most of yesterday at the Philippine embassy in London.

We seemed to confuse them by asking for a 'certificate of cancellation' for my wife's passport;
"You are no longer a citizen" (of Philippines) & "Your [PH] passport is no longer valid" was the response.

This is, of course. what we've been telling HM PO all along (for the past 2 months); it's unfortunate & frustrating the UK officials just haven't accepted it.

The Philippine embassy officials appeared unaware of any new UK policy on identity:
https://www.gov.uk/government/news/crac ... -detection

There did not seem to be an official form for requesting a cancellation of passport.

Anyway, after several rounds of discussion between various officials (& a trip to a post office & Rymans), we paid £18-- for a certificate to be issued.

Documents filed at the embassy were:
  • Philippine passport;
    copy of data page of passport;
    copy of UK naturalisation certificate (emailed to them later in day; sight of original was requested but that is still held by HM PO);
    copy of report of marriage (not sure why);
    copy of marriage certificate (not sure why);
    a self-addressed Post Office special delivery envelope for return of documents & papers;
    fee: £18-- (cash);
The certificate will be processed in "one working day".
However. due to a national holiday in Philippines today (recognised by the embassy) & the May bank holiday, am not expecting anything back until end of next week.
That seems a bit odd that they are confused/unaware of a process to cancel a Phil passport? I remember reading a few posts back that they had a few of the same requests & they are the one that sugested they can issue your wife a cancellation certificate instead. & what is with presenting the marriage certificate? I don't see the relevance of this with cancelling a passport. Anyway, I never been a big fan of any Philippines Government Offices, I'm a proud of my country but not of the Govnt. Anyway that's a topic for another forum.

I suppose it goes in my favour that I don't have a current Ph passport, all previous ones have expired, one is even lost. All that HMPO asked from me is a written statement confirming that my last passport was lost, & a few days later got the interview letter.

So, it seems it's better not having any current foreign passport at all rather than having one in a different name.

Post Reply
cron