I also am going through the same issue with HM Passport. My Naturalization Certificate is under my married surname while my Iranian passport is under my Maiden name. I was just wondering if anyone has managed to convince Passport office that what we are requesting is completely legal and we are not making false claim?
I have been calling both HMPO and Home office, answers I have been given:
HMPO: It is their policy as of today and they cannot make any comment on the fact that how other people (my own friend, similar situation, 2 weeks ago) have previously managed to get it. They went to the extent that they said she might not have sent her Iranian passport! somehow they forgot it is one of the documents needed to be sent! so she has sent it.
they also advised if I can relinquish my nationality, I honestly do not see why I should be doing so, I have the right to keep both nationalities as long as both countries accept dual citizenship. They suggested to change my Iranian passport to my married name, I explained to them that this is not possible, specially with the concept of changing a surname to a foreign one! I asked the Iranian embassy if they can issue a letter saying that, they said this is not within their scope of work and they are not allowed to issue anything like that.
Then HMPO advised to re apply with my maiden name, but they do not accept the naturalization certificate because it is under my married surname. So I contacted HO:
HO: How can this be even possible that they do not accept the surname written on the Naturalisation Certificate? This is a unique case! when I explained it is really not unique and others are going through, the guy said they must have a policy which they have not shared it with us. He said in principle Naturalisation Certificate cannot be changed or amended! He said he will get someone from back office to call me to advise!
So, I am really stuck here, don't know which way I should be going forward. Has anyone managed to get to the bottom of this issue?
sorry to hear this has caught you too.
This has come about due to a recent & poorly-publicised
guidance (or policy) on identities that is apparently intended to crackdown on criminals, terrorists etc.
HM PO launched this in February 2015 & have caught normal law-abiding people out with it since the beginning of the year; (specifically married ladies who have been naturalised in UK in their married name
but whose previous docs, passports, visas etc are in their maiden name
Lack of guidance
At the moment even the HM PO guidance notes don't mention this policy & the Post Office NCS are also unaware.
So, without clear & up to date
guidance, people are applying & sending in their naturalisation certificate (in married name
) and current foreign passport (in maiden name
) & then getting stuck in a horrible catch-22.
Due to the lack of publicity & without advance warning people are not fully-informed; so, in a sense, some are getting naturalised as a UK citizen in their 'wrong' name.
My wife is Filipino, we think we can cancel her Philippine passport so that the 'second identity' problem will go away & unblock the release of a British passport.
Others, (including from Russia, India, yourself from Iran), are from countries who do not permit such changes to documents &/or to names and so they are caught with no clear resolution.
HM PO position
As you have found, so far in these cases HM PO simply say revoke your other citizenship (or your other passport), or else change all such documents to a married name. The trouble is some countries cannot or will not do this.
Unintended consequences - flawed & discriminatory policy
In my view, this new policy goes against centuries of English common law on use of names;
as you have noted, it seems to contradict UK naturalisation policy managed by the Home Office;
it contradicts other published UK policies (available on gov UK website) on dual citizenship & use of maiden names;
it seems to contravene various European & human rights too - including the right as EU citizens to free movement, to family life, and to non-interference in private life;
it's discriminatory on grounds of gender & marital status as it puts (some) married women at a disadvantage - unless the government can justify this it is surely illegal;
a stated aim of the new policy is not to impact law-abiding people making legitimate name changes - but it is doing just that
It's clearly not been thought through & is also incompatible with a whole lot of other countries policies
Unfortunately we are the guinea pigs or lab rats in this situation.
The usual grounds for refusal of a British passport seem to relate to criminals & terroists, not respectable married ladies:
What can be done
The declaration on the passport application form is quite clear about submitting complete information & all necessary supporting documents.
Hiding other current passports is not an option.
Losing passports is a grey area.
Use of maiden name
HM PO did present my wife with the option of re-applying for a passport in her maiden name if she committed to using it "for all purposes"
(even though she was naturalised in her married name).
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.
That option seems to be a possible way ahead in your case too (as you can't make changes via your other citizenship).
Suggest following up on this with HM PO.
You should be able to go back to your maiden name as you will have a marriage certificate to show the link from the name on your naturalisation certificate back to your maiden name.
There's even guidance on gov UK website about reverting to a maiden name:
https://www.gov.uk/changing-passport-in ... aiden-name
(obviously the decree absolute doesn't apply here)
Otherwise suggest finding out if HM PO would really insist on needing a Deed Poll document to support reverting back to a maiden name.
All I can suggest is get everything from HM PO in writing. All their decisions have to be necessary & proportionate
as the UK gov website says:
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.
Make the point you have been caught by the recent policy change. This includes the lack of up to date guidance in the passport guide notes & on the passport website; (also a lack of awareness & guidance from NCS, if you used them).
There is ofcourse the 4-stage official complaints procedure that is outlined in the passport guide.
Enlist further help, for example, from local CAB, a local law centre or an immigration lawyer.
I've also posted several links to various other possible sources of help earlier in this thread;
(including various campaign groups, migrants groups, womens groups, even some government agencies, and the media).
For example, EASS: https://www.equalityadvisoryservice.com/app/home
The ministers who brought in these policies (Home Secretary T May & minister J Brokenshire)
(https://www.gov.uk/government/news/crac ... -detection
should get to hear about their impact. Maybe MPs or MEPs can help here too.
Right of Abode
As a last resort and instead of a British passport, it's possible to apply to have a Right Of Abode sticker put in a foreign passport. It proves the right of a UK citizen (who is also a dual citizen) to live in UK. But it's not ideal and it doesn't convey the benefits of holding a British passport.
Don't give up & very best of luck.