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Passport refused - uncancelled passport in maiden name

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

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Marianova
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Posts: 12
Joined: Thu Dec 24, 2015 12:52 pm

Re: Passport refused - uncancelled passport in maiden name

Post by Marianova » Mon Dec 28, 2015 8:30 am

My problem is getting complicated,
The law in Iran dose not allow to change to married name after marriage.
Changing name and surname is almost impossible in Iran, only under very few circumstances. Which i do not fall into the category.
Here is the link for name change in iran:
https://www.sabteahval.ir/kharejeh/tab-5997.aspx

I tried to cancel my passport, the embassy told me that i would need to hire a lawyer in Iran to follow the cancelation path.

I don't mind to give up my Iranian citizenship,it would take couple of years though but someone at the embassy told me that sometimes after obtaining a dual citizenship, Iran dose not recognise you as their citizen. but than another guy told me that is not the case.
I am completely confused.
here is a website which is explains about Iranian dual nationals,

http://www.aijssnet.com/journals/Vol_4_ ... 015/14.pdf

conclusion from the webpage:
*****Conclusion:
The consideration of Iranian private international law through the constitutional and civil law indicates that dual citizenship is not recognized by Iranian legislator. There are several reasons for this non-recognition. First, in accordance with Articles [41] and [42] of the Constitution, one’s Iranian citizenship will be withdrawn by the Government, if he/she acquires a foreign citizenship. In fact, if the Iranian Government recognizes the foreign citizenship of the person concerned, his/her Iranian citizenship will become void. On the contrary, if the Government does not recognize one’s foreign citizenship, it will be considered as null and void and the person concerned remains of Iranian citizenship. The Note of Article [989] of Civil Code also affirms the rule. Second, the general rule that every inhabitant of Iran is considered as an Iranian subject, does not apply to those whose foreign citizenship is certain and indisputable. This rule and its exception are mentioned in Clause [1] of Article [976] of Civil Code. Third, those who are born in Iran and are qualified to acquire Iranian citizenship, will be granted Iranian nationality only if they abandon their patrilineal citizenship. This requirement has been stipulated by Article [977] of Civil Code and the single-clause Bill enacted in 2006. Fourth, non-application of a father’s or a husband’s Iranian acquired nationality to his wife and/ or children who have attained the full age of 18 indicates that Iranian law seeks to prevent dual citizenship.*****


Still in the webpage above the Spammy Spammer to me is not clear, whether I'm still citizen of iran or not after obtaining British Passport and the embassy is not very helpful.
Im totally lost :(

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 Dec 28, 2015 11:35 am

Marianova wrote:My problem is getting complicated,
The law in Iran dose not allow to change to married name after marriage.
Changing name and surname is almost impossible in Iran, only under very few circumstances.
I believe you ought to sue the UK government for violation of Article 13 of the Universal Declaration of Human Rights to which the UK is a signatory. Your case is even stronger in that the application of these rules very obviously and disproportionately affect women. I can't see any valid legal defense the UK could put up to justify this treatment of its own citizens.

Marianova
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Posts: 12
Joined: Thu Dec 24, 2015 12:52 pm

Re: Passport refused - uncancelled passport in maiden name

Post by Marianova » Tue Dec 29, 2015 9:03 am

ouflak1 wrote:
Marianova wrote:My problem is getting complicated,
The law in Iran dose not allow to change to married name after marriage.
Changing name and surname is almost impossible in Iran, only under very few circumstances.
I believe you ought to sue the UK government for violation of Article 13 of the Universal Declaration of Human Rights to which the UK is a signatory. Your case is even stronger in that the application of these rules very obviously and disproportionately affect women. I can't see any valid legal defense the UK could put up to justify this treatment of its own citizens.

Dear Ouflak1
Here explains about article 13,
http://www.claiminghumanrights.org/udhr_article_13.html
I am not sure if article 13 has anything to do with changing name! Please correct me if I'm wrong.
Nevertheless I am not sure taking action against HMPO is a good idea! and is very long,costly, also i have tried to contact couple of solicitors (human rights/ Immigration) and got nowhere,they seem really clueless about such matters.

noajthan
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Location: UK

Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Tue Dec 29, 2015 9:13 am

Marianova,
Suggest explain your problem to HMPO in writing, citing what your embassy has told you; you have clear case for exception (observation) to be made.

Get MP involved if need be.

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

Marianova
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Posts: 12
Joined: Thu Dec 24, 2015 12:52 pm

Re: Passport refused - uncancelled passport in maiden name

Post by Marianova » Tue Dec 29, 2015 11:50 am

Noajthan,

Thank you for your suggestion,
I have sent a letter to HMPO explaining my situation,
HMPO want me to send them official letter from the embassy, they don't accept my words or those webpage for it. Iranian embassy refuses to help me or issue any letter.

Today I hired a lawyer in iran to start filing an application to cancel my passport.

If i inform Iranian authority that i obtained British Citizenship & cancel my Iranian passport, Dose that mean Iran dose not accept me as its citizen ,according to the conclusion paragraph above?

shashank2361
Newbie
Posts: 36
Joined: Wed May 14, 2008 12:58 pm

Re: Passport refused - uncancelled passport in maiden name

Post by shashank2361 » Wed Dec 30, 2015 11:57 am

Same case, Changed name after naturalisation and now British Passport Application is stuck with HMPO

shashank2361
Newbie
Posts: 36
Joined: Wed May 14, 2008 12:58 pm

Re: Passport refused - uncancelled passport in maiden name

Post by shashank2361 » Thu Dec 31, 2015 3:07 pm

This is the mail I received form VFS, Home office is not accepting as a proof that I cant surrender Indian passport without having british passport first

Subject: RE: Surrender of India Passport
From: Info on India Visa in UK (info.inuk@vfshelpline.com)
To: shashank2361@*****
Date: Tuesday, 15 December 2015 11:47 AM
Dear Shashank,
Thank you for your email.
The British passport is a mandatory document to be submitted along with the surrender certificate application. Please
note that you need to obtain British passport first and then apply for Indian surrender certificate. For information on
documents required kindly refer to the following link: http://www.vfsglobal.com/India/UK/Surrender.html and then
click on documents required tab.
For any queries related to Consular & Passport Services, kindly write your email to: Info.PptConsularuk@
vfshelpline.com.
Please note In
view of the spread of the Swine Influenza A (H1N1) all passengers traveling to India will be screened at
the International Airports in India on their arrival. This will also involve quarantine and even hospitalization, if detected,
with any symptoms connected with the flu.
Best Regards,
***************
Information Service Desk
VF Services (UK) Limited

noajthan
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Thu Dec 31, 2015 4:42 pm

shashank2361 wrote:This is the mail I received form VFS, Home office is not accepting as a proof that I cant surrender Indian passport without having british passport first

...
There have been other members who had faced the same challenges.

Some of the Indian members have posted their experiences (& their resolution) earlier in this thread if you'd like to search backwards in time.

Tip: search this topic (via button at top of page) with keyword of 'indian'
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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

Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Thu Dec 31, 2015 11:29 pm

Marianova wrote:Noajthan,

Thank you for your suggestion,
I have sent a letter to HMPO explaining my situation,
HMPO want me to send them official letter from the embassy, they don't accept my words or those webpage for it. Iranian embassy refuses to help me or issue any letter.

Today I hired a lawyer in iran to start filing an application to cancel my passport.

If i inform Iranian authority that i obtained British Citizenship & cancel my Iranian passport, Dose that mean Iran dose not accept me as its citizen ,according to the conclusion paragraph above?
Marianova,
I can't really comment on the application of Iranian laws to your case.

I think repeated representations (in writing) to HMPO, possibly with your MP's support will get you your passport in the end.
For example, you will have to insist you are unable to move on the Iranian side due to lack of cooperation from the authorities.
You may have to give a commitment in writing as to which (one) surname you will use.

Best of luck.
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 » Fri Jan 01, 2016 7:59 pm

Marianova wrote:
ouflak1 wrote:
Marianova wrote:My problem is getting complicated,
The law in Iran dose not allow to change to married name after marriage.
Changing name and surname is almost impossible in Iran, only under very few circumstances.
I believe you ought to sue the UK government for violation of Article 13 of the Universal Declaration of Human Rights to which the UK is a signatory. Your case is even stronger in that the application of these rules very obviously and disproportionately affect women. I can't see any valid legal defense the UK could put up to justify this treatment of its own citizens.

Dear Ouflak1
Here explains about article 13,
http://www.claiminghumanrights.org/udhr_article_13.html
I am not sure if article 13 has anything to do with changing name! Please correct me if I'm wrong.
Nevertheless I am not sure taking action against HMPO is a good idea! and is very long,costly, also i have tried to contact couple of solicitors (human rights/ Immigration) and got nowhere,they seem really clueless about such matters.
Hi Marianova,

Here is a quote directly from the link you posted:
Article 13 (2) of the Universal Declaration of Human Rights wrote: Everyone has the right to leave any country, including his own, and to return to his country.
Name one country on this planet that will let a non-citizen come into their country through a controlled border without a valid passport. In fact, from the UK, you would not even be able to board a plane. This policy means that hundreds of women are effectively trapped in the UK. Further, this policy very obviously and disproportionately affects women, as they are the ones expected to change their names after marriage. I don't see how the UK could defend itself legally or morally in front of a judge. Maybe Fiji Airways or Namibia Airlines might actually let you board their aircraft, but even once there, without a valid passport, you will just sent back to the UK. If the UK is to honor its signature the UDHR, it must apply a policy that allows its own citizens to leave the country, and it must have a policy that affects men and women equally. Neither of these conditions are met.
Last edited by ouflak1 on Fri Jan 01, 2016 8:13 pm, edited 2 times in total.

kunal parikh
Member
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Joined: Fri Jul 09, 2010 5:27 am

Re: Passport refused - uncancelled passport in maiden name

Post by kunal parikh » Fri Jan 01, 2016 8:08 pm

Hi Guys

I need your help. My wife has just received her citizenship approval from homeoffice. She has also changed her name after marriage. Her new name after marriage is mentioned in the observation page and mentioned as due to marriage she is also know as ....

I am just reading this forum silently and just little worried. Just wanted to see if her new name is already mentioned in the observation page in current passport. Will there be any problem if we want to use new name for British passport application.

I really think it should be fine since her new name has been there in observation page in current Indian passport. She has been on Tier 1 previously and we had BRP everything in new name.

Please advise.

Thanks
Kunal

noajthan
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Posts: 14911
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Location: UK

Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Sat Jan 02, 2016 2:03 am

kunal parikh wrote:Hi Guys

I need your help. My wife has just received her citizenship approval from homeoffice. She has also changed her name after marriage. Her new name after marriage is mentioned in the observation page and mentioned as due to marriage she is also know as ....

I am just reading this forum silently and just little worried. Just wanted to see if her new name is already mentioned in the observation page in current passport. Will there be any problem if we want to use new name for British passport application.

I really think it should be fine since her new name has been there in observation page in current Indian passport. She has been on Tier 1 previously and we had BRP everything in new name.

Please advise.

Thanks
Kunal
If already naturalised in married name you may find HMPO insist on any current foreign passport being updated to reflect married name first (despite the observation).

Only the HMPO can tell you for sure; you could try writing to ask them before applying (& possibly getting stuck).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Marianova
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Posts: 12
Joined: Thu Dec 24, 2015 12:52 pm

Re: Passport refused - uncancelled passport in maiden name

Post by Marianova » Mon Jan 04, 2016 10:39 am

after 4 months and no news ;
I am so disappointed with my local MP, he sent a letter to me and refuses to help and urges to cooperate with HMPO and follow their procedures to obtain a new passport.

I need My local MP to compliant to HMPO, hers is a link:
https://www.gov.uk/government/organisat ... -procedure

This is so depressing :(
My local MP refuses to help ,Now what.

Could anyone please recommend a solicitor in London?

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

Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Wed Jan 06, 2016 8:47 pm

Marianova wrote:after 4 months and no news ;
I am so disappointed with my local MP, he sent a letter to me and refuses to help and urges to cooperate with HMPO and follow their procedures to obtain a new passport.

I need My local MP to compliant to HMPO, hers is a link:
https://www.gov.uk/government/organisat ... -procedure

This is so depressing :(
My local MP refuses to help, Now what.

Could anyone please recommend a solicitor in London?
It's a crying shame the MP feels unable to help.
I suppose your Euro MP may not feel s/he has jurisdiction for this matter.

You can by-pass your MP...
If ... you are having difficulty contacting an MP, you can write to our Director General using our general enquiry address or a Home Office minister via the Direct Communication unit
Still suggest re-writing to HMPO & (re-)explaining the catch-22 situation you are in & (once again) asking for their suggested options & steps to follow.
(Re-emphasise what is & isn't possible in your situation).

Other than that see if you can find a migrant / legal campaign group to take up the cause.

And it's a longshot but how about penning a letter to the Queen? i.e. on a woman-to-woman basis.
After all it's by the grace of the Royal Prerogative that passports are issued to citizens in this country.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Marii
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Posts: 16
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Re: Passport refused - uncancelled passport in maiden name

Post by Marii » Wed Jan 13, 2016 1:01 am

Marianova wrote:after 4 months and no news ;
I am so disappointed with my local MP, he sent a letter to me and refuses to help and urges to cooperate with HMPO and follow their procedures to obtain a new passport.

I need My local MP to compliant to HMPO, hers is a link:
https://www.gov.uk/government/organisat ... -procedure

This is so depressing :(
My local MP refuses to help ,Now what.

Could anyone please recommend a solicitor in London?
Your MP probably want you to complain to Passport Office first. Anyway, I think they are useless.
I would suggest you to write to your Embassy with regard of name change in your Iranian passport. They will need to respond in writing explaining all issues of name change which fall under Iranian law. So this letter you can use as prove for Passport Office and ask them to put observation in your new UK passport that you are also knowing in other name. Some people have managed to get their UK passport by this way. Good Luck. And I understand how frustrating is what you are facing now.

shashank2361
Newbie
Posts: 36
Joined: Wed May 14, 2008 12:58 pm

Re: Passport refused - uncancelled passport in maiden name

Post by shashank2361 » Sat Jan 16, 2016 1:15 pm

I. received appointment to see local MP and I am going to take the prints of these forum too that the passport has been issued in name change case.

there has been a development from Indian Consulates side. I am not sure whether it will further complicate the matter of getting OCI card or to do any work in India. the email I received from HCI London.

not having British passport details on surrender certificate would it create any complication in future, if it Is then I will wait and talk to My local MP first




---_-----_-----------




Dear Mr Shashank,







We will accept your application for surrender of Indian passport on the basis of your Naturalisation Certificate. However, you MUST submit an Undertaking stating that your application for issue of British Passport is under consideration with the Home Office and you do not have any objection to the British Passport details not being incorporated in the Surrender Certificate.



Please carry a copy of this email to VFS when submitting the application for Surrender Certificate.



Thanks & Regards,

Public Response Unit

High Commission of India, London

India House, Aldwych, WC2B 4NA

Tel: 020 7632 3070 / 020 7632 3170

Email: info.london@hcilondon.in

Website: http://www.hcilondon.in







From: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Sent: 12 January 2016 10:50
To: dhc.office@hcilondon.in; info.london@hcilondon.in
Cc: CGI Birmingham; cg.birmingham@mea.gov.in
Subject: Request to Surrender Indian passport without obtaining British Passport.





Dear Sir



Could you please help me in issuing the surrender certificate.



I have received the naturalisation certificate in Oct 2015, I am looking to Surrender my Indian passport.

I don't have the British Passport because I have changed my name ( New Surname "X" Old Surname "Y" ) after the naturalisation and a British Citizen can't have 2 passports with different names on it for security reasons,



I have been advised several times by the British Passport office that Indian Consulate in Birmingham issued surrender certificate to someone without getting British Passport first.

I had contacted the Birmingham office and they advised me to contact the London office because I live in Portsmouth.



Sir Is there any difference in rules or process to surrender the Indian passport between London Consulate and Birmingham Consulate or

If there is any other way or any case the exception can be considered that I can surrender the Indian Passport without British Passport.



Please let me know. It would be very helpful.





Regards

Shashank

Passport Number XXXXXXXX


Note As this is a public forum, I have removed all personal identifying details from your post so as to maintain your privacy & security.

Ref forum T&Cs (click)
- Board Moderator
Last edited by noajthan on Thu Feb 04, 2016 12:45 pm, edited 1 time in total.
Reason: Removed personal contact details

noajthan
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Location: UK

Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Sat Jan 16, 2016 1:27 pm

shashank2361 wrote:I. received appointment to see local MP and I am going to take the prints of these forum too that the passport has been issued in name change case.

there has been a development from Indian Consulates side. I am not sure whether it will further complicate the matter of getting OCI card or to do any work in India. the email I received from HCI London.

not having British passport details on surrender certificate would it create any complication in future, if it Is then I will wait and talk to My local MP first

...
That is an interesting development.

The impact of not having British passport number cross-referenced in surrender certificate is probably most related to the purposes the certificate may be used for - I don't know about that.

It will be informative to hear how interested & helpful the MP proves to be.

It may be you can persuade them to take up the cause and have HMPO take another look at the unintended consequences of their identity policy.

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

shashank2361
Newbie
Posts: 36
Joined: Wed May 14, 2008 12:58 pm

Re: Passport refused - uncancelled passport in maiden name

Post by shashank2361 » Sat Jan 16, 2016 1:39 pm

CAN i DELETE MY POST
I should have removed the passport number and Privacy details first, I will repost again

noajthan
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Posts: 14911
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Location: UK

Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Sat Jan 16, 2016 1:40 pm

shashank2361 wrote:CAN i DELETE MY POST
I should have removed the passport number and Privacy details first, I will repost again
Moderator can do that for you if you cannot.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

ChetanOjha
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Posts: 2771
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Location: London

Re: Passport refused - uncancelled passport in maiden name

Post by ChetanOjha » Sat Jan 16, 2016 2:05 pm

Masked Passport number.

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