Passport refused - uncancelled passport in maiden name

noajthan · Post by **noajthan** » Sat Nov 28, 2015 12:56 pm

mimimari26 wrote:dear noajthan

Thanks for the help,
When i applied for my first British pass after 5b months, HMPO insisted to cancel my foreign passport, but i couldn't at the time, because the embassy said to cancel a passport you must have valid British passport with a different name.
After i received my BP, I had to hire a lawyer in my birth country to apply for the cancelation. it was almost a nightmare they canceled the passport but didnt provide me with a letter of cancelation.

What if i apply again for BP and mention my old application number ? they would know about the previous application?

mimimari, I think you are in uncharted territory & only HMPO can really advise what they will do in your case.

But yes, if you do apply again & cross-reference a previous application that one will surely be stored in some HMPO computer databank (somewhere in the bowels of a HO datacentre).
Good luck.

ILR14 · Post by **ILR14** » Sat Nov 28, 2015 2:50 pm

An update. Basically I had to have ceremony and obtained certificate. Great news, happy etc. However, the changing of the name strategy with Home Office before having the ceremony dint work. The certificate was issued in my married name. I use my maiden name in everyday life (my passport, driving licence, ILR, bank account). Therefore the only option is to apply for passport and ask it to be issued in my maiden name.

I called the passport office on numerous occasions and they give contradicting info every time. Some say I need a deed poll to change my name, which doesn't make sense as I have not changed it yet to my married name (applying for naturalisation in married name was a mistake). Some say I have absolutely got to give my passport up and apply in my married name. Some say i just need a covering letter explaining I can't change or give up my passport and need to apply in my maiden name. Very confusing.

Any suggestion what is the best way to approach this please?

ILR14 · Post by **ILR14** » Sat Nov 28, 2015 3:07 pm

PS Also how to fill the application form for passport as my current name - my maiden name and my previous my married name?

Iman230 · Post by **Iman230** » Tue Dec 01, 2015 5:54 pm

Hi All,

Just naturalised as a British Citizen, and now need some guidance to apply for the first passport.

Can I send a completed Application for the First British Passport and NOT send the Foreign Passport (In Maiden name) as its Expired, will the HMPO still process?

I am only saying this as the Foreign country are really bad to co-operate with to CANCEL a passport so I dont have to include it in the application for the first British Passport in the married name?

Can anyone help

Will there be any repercussions if i follow the above?

noajthan · Post by **noajthan** » Tue Dec 01, 2015 6:00 pm

Iman230 wrote:Hi All,

Just naturalised as a British Citizen, and now need some guidance to apply for the first passport.

Can I send a completed Application for the First British Passport and NOT send the Foreign Passport (In Maiden name) as its Expired, will the HMPO still process?

I am only saying this as the Foreign country are really bad to co-operate with to CANCEL a passport so I dont have to include it in the application for the first British Passport in the married name?

Can anyone help

Will there be any repercussions if i follow the above?

HMPO requires sight of all uncancelled passports regardless of whether they happen to be valid or unexpired or even expired.
(An expired passport is not cancelled until it has been cancelled).

noajthan · Post by **noajthan** » Tue Dec 01, 2015 6:02 pm

ILR14 wrote:An update. Basically I had to have ceremony and obtained certificate. Great news, happy etc. However, the changing of the name strategy with Home Office before having the ceremony dint work. The certificate was issued in my married name. I use my maiden name in everyday life (my passport, driving licence, ILR, bank account). Therefore the only option is to apply for passport and ask it to be issued in my maiden name.

I called the passport office on numerous occasions and they give contradicting info every time. Some say I need a deed poll to change my name, which doesn't make sense as I have not changed it yet to my married name (applying for naturalisation in married name was a mistake). Some say I have absolutely got to give my passport up and apply in my married name. Some say i just need a covering letter explaining I can't change or give up my passport and need to apply in my maiden name. Very confusing.

Any suggestion what is the best way to approach this please?

Unfortunately I think you are operating in uncharted territory.
Suggest you contact HMPO in writing & ask for advice (rather than relying on the somewhat unreliable helpline).

Iman230 · Post by **Iman230** » Tue Dec 01, 2015 6:18 pm

What do I do, if the foreign country are not responding to my request to cancel my expired passport that is my maiden name?

Would a cover letter with the uncancelled / expired passport suffice to have the first BP in the married name.

Ngitz · Post by **Ngitz** » Fri Dec 04, 2015 7:37 am

noajthan wrote:My wife applied for her first British passport during March after her British naturalisation ceremony in February 2015.

18 March, 2015: Passport official phoned to say a British passport cannot be issued
The reason stated was: she applied for a passport in her married name & her current (Filipino) passport (which has not been cancelled) is in her maiden name (!).

(She was naturalised in married name & full supporting documents were supplied both for the naturalisation prcess & in the passport application).

It appears the official is confusing a person's 'identity' with valid 'travel documents'.
My wife is entitled to use her maiden &/or her married name; (all these details, including current name, maiden name etc, were filled in accurately on the passport application form & the NCS clerk didn't question it).

Her present uncancelled passport (from Philippines) is now in fact unusable; this is because since the date of her British citizenship ceremony (last month), she ceased to be a Filipino citizen.

(If she wants to hold dual nationality she would have to apply to reacquire Filipino citizenship via the Philippine embassy).
So she is at present only a British citizen & the issuing of a British passport will not in fact create a second 'identity'.

This was explained to the official on the phone.
However the official advised she will be taking advice from the PO's internal legal department & they will contact us again soon on next steps.

This is worrying & disturbing to say the least
It appears to be a side effect of the recent requirement to submit all uncancelled passports from all countries when applying for a passport.

Hoping the PO will recognise their official is actually mistaken so that the application can proceed as normal.

Just wondering, has anyone else had any similar experience when applying for a first British passport in their married name ?
(especially since all uncancelled passports now have to be submitted when applying)

Thanks for sharing

I have the same problem here..a wk ago i received a call fr PO declining my app due to passport is maiden name and certificate is married name, did u manage to sort out ur wife's british passport? Maybe u can help me...tnx

noajthan · Post by **noajthan** » Fri Dec 04, 2015 8:48 am

Ngitz wrote:I have the same problem here..a wk ago i received a call fr PO declining my app due to passport is maiden name and certificate is married name, did u manage to sort out ur wife's british passport? Maybe u can help me...tnx

Yes it was sorted out in the end.

Whole story is in this thread.
A summary can be found here:
http://www.immigrationboards.com/britis ... l#p1196883

Note HMPO and Home Offfice have each now updated their respective guidance notes (since this issue first started happening).
Their guidance is now: first update foreign passport to reflect current (married) name.

Good luck.

noajthan · Post by **noajthan** » Fri Dec 04, 2015 9:09 am

Iman230 wrote:What do I do, if the foreign country are not responding to my request to cancel my expired passport that is my maiden name?

Would a cover letter with the uncancelled / expired passport suffice to have the first BP in the married name.

Yes, this is when the only option left seems to be to write to HMPO & explain the situation.
If there is any law (in original country) blocking your change of name or cancelling of original passport then provide (quote) all that supporting information.
Ask if an observation can be added in the British passport.

Some members have even had to involve their MP, to make representations to HMPO on their behalf, to get the desired result.
(Details to be found in earlier posts, above).

Best of luck.

brightlight · Post by **brightlight** » Fri Dec 04, 2015 6:35 pm

hellonewhere

Hello Everybody,
Congratulation on hellonewhere and few other people who have successfully received the First British Passport in the new name.

I am in the same situation just found the article and found that i am not the only one.

My first British passport application submitted since 16 Febuary 2015, Almost 10 months now. As you imagine , i have been calling and dealing with PO every day/week. Untill now still pending waiting for the policy department to approve on my application.

The issue is that i have changed my name legally by Deedpoll. I followed all instruction very well. After i changed my name , the PO said that my new name does not match my current uncancelled passport - which is Thai passport and by law we can not change our name to what i have change in the UK.

So the PO sent my case to the policy department and i have been waiting for the solution.

Eventhough, i have called them to let them know that there are so many people who are in the same situation like me. They already got their new passport with the observation on the British passport, The PO said they still need to wait for someone in the policy department to tell them and authorizes that they could do it that way.

So i am waiting patiently , hoping to be able to get away for holiday at Christmas.

How are all of you doing ?
Any good news to update for us ?

Good Luck

Brightlight

Ngitz · Post by **Ngitz** » Mon Dec 07, 2015 3:04 pm

noajthan wrote:
Ngitz wrote:I have the same problem here..a wk ago i received a call fr PO declining my app due to passport is maiden name and certificate is married name, did u manage to sort out ur wife's british passport? Maybe u can help me...tnx
Yes it was sorted out in the end.

Whole story is in this thread.
A summary can be found here:
http://www.immigrationboards.com/britis ... l#p1196883

Note HMPO and Home Offfice have each now updated their respective guidance notes (since this issue first started happening).
Their guidance is now: first update foreign passport to reflect current (married) name.

Good luck.

. Tnx for the info nid to go to PH embassy to cancell my PH passport and ask for a letter like what u did..hope it will work with me.

noajthan · Post by **noajthan** » Mon Dec 07, 2015 5:43 pm

Ngitz wrote:Tnx for the info nid to go to PH embassy to cancell my PH passport and ask for a letter like what u did..hope it will work with me.

The London embassy should be able to do that for you.
Just be patient & explain clearly what is required;
staff were not too familiar with the process & there was some confusion when we went (& it took most of the day to sort out).

Be aware that by becoming a British citizen you will have lost your Philippine citizenship.
This is important if you wish to retain land/property rights, voting rights or have political ambitions (& etc).
Philipinne citizenship can be reacquired (again via the embassy) under provisions of R.A. 9225.

Good luck.

Ngitz · Post by **Ngitz** » Mon Dec 07, 2015 7:05 pm

noajthan wrote:
Ngitz wrote:Tnx for the info nid to go to PH embassy to cancell my PH passport and ask for a letter like what u did..hope it will work with me.
The London embassy should be able to do that for you.
Just be patient & explain clearly what is required;
staff were not too familiar with the process & there was some confusion when we went (& it took most of the day to sort out).

Be aware that by becoming a British citizen you will have lost your Philippine citizenship.
This is important if you wish to retain land/property rights, voting rights or have political ambitions (& etc).
Philipinne citizenship can be reacquired (again via the embassy) under provisions of R.A. 9225.

Good luck.

. do i need to present anything in embassy or just my PH passport as i dont have my certificate,PO only send back my passport and hold my cert..Finger's crossed that i will get letter on same day..

noajthan · Post by **noajthan** » Mon Dec 07, 2015 7:30 pm

Ngitz wrote:do i need to present anything in embassy or just my PH passport as i dont have my certificate,PO only send back my passport and hold my cert..Finger's crossed that i will get letter on same day..

Present your passport, suggest hand in a covering letter too.

They will need sight of your naturalisation certificate - I didn't know this at the time & we didn't have it with us.
A scanned copy sent to the embassy a day or so later was accepted.

I think the fee for this service was £8 or £12, something like that (can't quite remember).

It is unlikely they will write the letter of cancellation & do all this for you there & then;
suggest leave a reply-paid self-addressed Special Delivery envelope for return of your (cancelled) passport plus the letter.

The whole exercise took something like 10 days to 2 weeks or so all in.

Musicbox · Post by **Musicbox** » Tue Dec 08, 2015 1:53 am

Grrrrrrrr so frustrating, just typed a long reply and hit the preview and lost the lot....!!!!!

Start again...

Hello all,

I've been reading the crazy issues in this thread and wonder if I may be heading for the same brick wall..
My situation is slightly different I hope as my Thai wife has just received her UK Naturalization in her Maiden name when she applied for it (we are married and did submit our marriage certificate along with the documents on the application). Her current Thai passport is also in her maiden name, so hoping this may not be an issue. She doesn't want to surrender her Thai Passport because of Family links and her rights as a Thai if she had to change her surname for any reason to mine.

As I'm trying to understand this very confusing thread and guidance note below, I don't know if she will be refused if we submit our marriage certificate to the PO when applying for her passport. At present she uses BOTH her Maiden and Married surnames in the UK (would she have to change to only her Maiden name in all documents like Driving licence etc ??? I guess if we have a link (marriage certificate) this may or may not be an issue ???

See:
https://www.gov.uk/government/uploads/s ... sports.pdf

Married women using their maiden name

For a married woman who continues to use her maiden name and is known
by it for all purposes, at the applicant's request the passport may be recorded
with the following observation:
 THE HOLDER IS (74 free text characters) .................................

* For a married woman who maintains she uses both her husband's name and
her maiden name, the passport should be recorded with the observation:
 THE HOLDER IS ALSO KNOWN AS ............................ (FULL
FORENAMES AND SURNAME) *

Thank you in advance for any guidance on what we should do (if at all possible) I await with baited breath!

Kind Regards
Roy

noajthan · Post by **noajthan** » Tue Dec 08, 2015 9:08 am

Musicbox wrote:Grrrrrrrr so frustrating, just typed a long reply and hit the preview and lost the lot....!!!!!

Start again...

Hello all,

I've been reading the crazy issues in this thread and wonder if I may be heading for the same brick wall..
My situation is slightly different I hope as my Thai wife has just received her UK Naturalization in her Maiden name when she applied for it (we are married and did submit our marriage certificate along with the documents on the application). Her current Thai passport is also in her maiden name, so hoping this may not be an issue. She doesn't want to surrender her Thai Passport because of Family links and her rights as a Thai if she had to change her surname for any reason to mine.

As I'm trying to understand this very confusing thread and guidance note below, I don't know if she will be refused if we submit our marriage certificate to the PO when applying for her passport. At present she uses BOTH her Maiden and Married surnames in the UK (would she have to change to only her Maiden name in all documents like Driving licence etc ??? I guess if we have a link (marriage certificate) this may or may not be an issue ???

See:
https://www.gov.uk/government/uploads/s ... sports.pdf

...

Thank you in advance for any guidance on what we should do (if at all possible) I await with baited breath!

Kind Regards
Roy

If you simply apply with passport (maiden name) & naturalisation certificate (maiden name) all may be good.

Passport guidance only requires sight of marriage certifcate in case of change of name after marriage. As per Table C.

Ref: https://www.gov.uk/government/uploads/s ... ssport.pdf

Your wife will ofcourse be called to a passport interview, & the usual background checks will be made (on driver's license, bank accounts, voter registration etc etc), so the topic of which name is in use may come up.

Strangely the documents (also listed in Table C) for reverting to a maiden name include divorce certificate which seems rather drastic.

Again I'd say it's uncharted water as this rather ill-thought out identity policy is tested further in the real world.

Good luck

Musicbox · Post by **Musicbox** » Tue Dec 08, 2015 10:02 am

Thank you for you kind comments, It seems if we even change her documents (Driving licence, Bank etc..) back to her maiden name, they still could refuse this... You joke about Divorce, but the way it's going it may be the answer as it's tearing us both apart here... So thank you HMPO for being so understanding after doing EVERYTHING legal in obtaining my wife's Naturalisation, going through ILR etc... NOT being allowed to change anyting from her passport details (which was in her Maiden name) Only to be torn apart on trying to get a UK Passport for her... This has been such an expensive journey for us and the government raking in the money which is now destroying our marriage on such a STUPID law which could be resolved with a simply observation on a passport!!!!!!

Lost the will to fight...

vinny · Post by **vinny** » Tue Dec 08, 2015 10:38 am

Surely, the lack of some HMPO's caseworkers' common sense, i.e. their failure to use the passport's observation field, shouldn't destroy your marriage?

Musicbox · Post by **Musicbox** » Tue Dec 08, 2015 10:58 am

You've hit the nail on the head "Common sense" !!! I don't know what direction to turn too now, I'm no legal specialist and that would cost me even more money which I don't have to ask that question. I know the Constitutional Court of the Kingdom of Thailand’s ruling No. 21/2546 in 2003 state Thai women no longer have the obligation to adopt their husbands surnames after marriage but here in the UK I don't know what rights she has? I'm over my head with this now and so upset reading all the threads on here with people experiencing the same kind of issue since the new ruling about duel identity came into force (Maiden Vs Married surname) Surely a legal Marriage certificate along with an observation in a Passport would be the "Common Sense" thing to do

noajthan · Post by **noajthan** » Tue Dec 08, 2015 1:52 pm

Musicbox wrote:You've hit the nail on the head "Common sense" !!! I don't know what direction to turn too now, I'm no legal specialist and that would cost me even more money which I don't have to ask that question. I know the Constitutional Court of the Kingdom of Thailand’s ruling No. 21/2546 in 2003 state Thai women no longer have the obligation to adopt their husbands surnames after marriage but here in the UK I don't know what rights she has? I'm over my head with this now and so upset reading all the threads on here with people experiencing the same kind of issue since the new ruling about duel identity came into force (Maiden Vs Married surname) Surely a legal Marriage certificate along with an observation in a Passport would be the "Common Sense" thing to do

Having gone through the whole confusing process myself with my wife, I know it's frustrating and upsetting.

Suggest you write to HMPO and ask for advice.
(Do it in writing - don't use the helpline as it's proving unreliable).

Don't give up - your wife will get her passport one way or another.

Best of luck.

Musicbox · Post by **Musicbox** » Wed Dec 09, 2015 1:00 pm

Hi noajthan,

Glad you hear you have sorted yours out finally... congratulations !!!

I'm confused as to what to submit or change prior to applying to HMPO. We have my wife's Thai passport and her naturalisation both in her Maiden name which I think is a good thing (or is it?). My confusion is;

1. Does she apply for her passport to be in her maiden name and send in our marriage certificate asking to make an observation that she is now married? I think this would still go against the grain and be refused as she uses both maiden and married names in the UK at present

Or

2. Apply for her passport and ask it to be in her married name? (maybe with an observation of maiden name). Again this way I think they would the suggest she would have to gives up her Thai passport which she doesn't wish to do..

Or is there a third way.....

Life should be so much simpler....

noajthan · Post by **noajthan** » Wed Dec 09, 2015 5:07 pm

Musicbox wrote:Hi noajthan,

Glad you hear you have sorted yours out finally... congratulations !!!

I'm confused as to what to submit or change prior to applying to HMPO. We have my wife's Thai passport and her naturalisation both in her Maiden name which I think is a good thing (or is it?). My confusion is;

1. Does she apply for her passport to be in her maiden name and send in our marriage certificate asking to make an observation that she is now married? I think this would still go against the grain and be refused as she uses both maiden and married names in the UK at present

Or

2. Apply for her passport and ask it to be in her married name? (maybe with an observation of maiden name). Again this way I think they would the suggest she would have to gives up her Thai passport which she doesn't wish to do..

Or is there a third way.....

Life should be so much simpler....

Yes option 2 would almost certainly result in request to change or give up the Thai passport.
You may be able to make a case for an observation (as Hellonowhere has done) but its not straightforward; (may have to bring in 'big guns' & involve your MP & etc).

I suggest go for your option 1 if lady wife is happy to use her maiden name.

Submit existing passport & naturalisation certificate but not marriage certificate.
(As per Table C of passport guidance, a marriage certificate would only be submitted if applicant had intentionally & completely changed to use married name).

If married name is being used 'accidentally' then try to reduce this.
Be aware if married name has been used for some things this may come up in the passport interview.

Suggest not asking for an observation - this is not being done by HMPO as a matter of course; a special case now seems to have to be made to have an observation added to a passport.

Option 3 is write to HMPO & ask for specific advice before doing any of the above;
ie outline circumstances & fact that Thai passport can't be changed.

Good luck.

Musicbox · Post by **Musicbox** » Wed Dec 09, 2015 6:07 pm

Hi Noajthan

This is interesting news (and more confusing now) with regards Table C and NOT supplying our marriage certificate or not.

I happen to ring the advice line twice earlier today and was advised she needs to send the marriage certificate as evidence if we want an observation added. Even If we didn't bother with an observation request, Section 2 on the application does ask for "Maiden or All previous Names" (I'm assuming this includes her married name?)

I assume they will automatically do background checks and find she is now married to me and yes, she does have a few things in our married (but I suppose she could get these reversed back to her Maiden name)

Wish I could chat over the phone on this as it's a slow process explaining stuff as you've already found out.

I don't know if these HMPO advice lines tell you all the correct facts or not from one to another agent or even if they are simply programmed to get you to submit more info than needed so they can get you refused on? (Seems strange as all this was submitted on her Citizenship and no doubt stuck on a database ???)

habibi75 · Post by **habibi75** » Wed Dec 09, 2015 10:08 pm

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Passport refused - uncancelled passport in maiden name

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Re: Passport refused - uncancelled passport in maiden name

Re: Passport refused - uncancelled passport in maiden name

Re: Passport refused - uncancelled passport in maiden name

Re: Passport refused - uncancelled passport in maiden name

Re: Passport refused - uncancelled passport in maiden name

Re: Passport refused - uncancelled passport in maiden name

Re: Passport refused - uncancelled passport in maiden name

Re: Passport refused - uncancelled passport in maiden name

Re: Passport refused - uncancelled passport in maiden name

Re: Passport refused - uncancelled passport in maiden name

Re: Passport refused - uncancelled passport in maiden name

Re: Passport refused - uncancelled passport in maiden name

Re: Passport refused - uncancelled passport in maiden name

Re: Passport refused - uncancelled passport in maiden name

Re: Passport refused - uncancelled passport in maiden name

Re: Passport refused - uncancelled passport in maiden name

Re: Passport refused - uncancelled passport in maiden name

Re: Passport refused - uncancelled passport in maiden name

Re: Passport refused - uncancelled passport in maiden name

Re: Passport refused - uncancelled passport in maiden name

Re: Passport refused - uncancelled passport in maiden name

Re: Passport refused - uncancelled passport in maiden name