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MariaD, sorry to hear you are in a similar situation.MariaD wrote:nathan, does your wife included her marriage certificate with the application?
I have a similar problem. The different is that I can't cancel my home passport because it's against the Law of my country, and now I have a dual nationality.
To change name in my home passport is not possible as I need to go back to my country and stay their weeks or maybe months, to change first my interior passport and then my foreign passport. Passport office is not aware of it or they don't care.
I called to Home Office today and they don't see issue in this point. Furthermore, they are not aware of cases as mine and wondering why is Passport Office won't issue me passport. Unfortunately they can't help me to solve the problem.
Fourth time I spoke to passport office today and lady asked to send them my merriage certificate. She thinks it will solve my problem. I am still worring that it's not enough as this is not what says in the letter.
Anyway we will see what will happent next.
Nothing here about the proportionate risks posed by women using married/maiden names.There is no entitlement to a passport and no statutory right to have access to a passport. The decision to issue, withdraw, or refuse a British passport is at the discretion of the Secretary of State for the Home Department (the Home Secretary) under the Royal Prerogative.
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. The disclosure of information used to determine such a decision will be subject to the individual circumstances of the case.
LiaDoe, I think you need a minimum number of posts before you can use the message feature.LiaDoe wrote:Sorry I can not access my private messages, states "You are not authorised to read private messages."
I have sent a request to the HMPO to provide me a formal refusal letter with the reason for decision .
At present I await their reply and will be in touch once I receive a response.
MariaD,MariaD wrote:noajthan, thank you very much for your reply and advice.
I am Russian citizen and by Russian law just one circumstance can allow me to cancel my home passport - refusal of citizenship. I don't want to do this. Why I should? Furthermore, by Russian law I don't have a dual citizenship. Doesn't matter what else citizenship I can have, Russian authority will treat me only like Russian citizen, despite from this year I must inform about my second nationality. If I want to travel back to my country, and I will because I have my parents and property there, I need a Russian passport, regardless of whatever foreign passport I may have. This is Russian law.
Also no, it is not possible to change my passport via Russian Embassy as it's shown on their website. Sorry for translate it by google
"In order to issue a new passport in connection with the change of name, the applicant needs to change its internal Russian passport with a new name in the bodies of the Federal Migration Service at the place of incorporation or residence in Russia. Diplomatic missions abroad exchange services do not provide an internal passport."
Even if I go to Russia to change my both passports, it's will take more than 3-5 weeks - time when HMPO can return me my passport without failing of my application. It's just not enough time.
Also my husband and I want to go to holiday in Spain later this summer. And now I am afraid I will not be able to apply for Schengen visa as I have British Naturalisation Certificate. They probably would expect me to get a passport. So I need to sort it as soon as possible.
I am also cannot apply for UK passport with my maiden name as my naturalisation certificate was issued on my marriage name and my maiden name listed there as 'name at birth'. Home Office said that is correct and they are surprise why Passport Office don’t want to issue a passport to me.
My MP is aware of my issue and he promised to 'make some enquiries'. I am not sure how much he is able to do in this busy time during election, especially in this time; he is 'limited in what representation he can make'.
I have received a letter from HMPO with clear instruction to change my Russian passport. Here is the text:
Thank you for your application for passport.
You sent a Russian passport as evidence to support this application. However, the name shown on the passport is different from the name on the passport application. For security purposes, it is our policy that a British passport will not be issued to you if you hold a passport (British or foreign), identity document or travel document in a different name.
For us to issue a passport, you would need to change the name shown on your Russian passport, or be able to show that an application has been made to the relevant authorities to change this.
So I am not sure if my marriage certificate would help. I don't know what rules they are following, but if there are rules it should apply to everyone in the same circumstances. I spoke online with so many Russian ladies who received their UK passport in married name, despite in their Russian passport has maiden name. If HMPO use some policy to me which is not affected other people in the same circumstances, I only can say it is discrimination.
Thank you for the links. It's very clear in what circumstance passport cannot be issued or even withdrawing. This is applies to criminals or to these who been prevented to get a passport by a court order. Nothing says about different names or dual nationality. Especially people who been recently given citizenship, been checked by Home Office and it is ridiculous to suggest them to be criminal. (I know citizenship application can be refused even if applicant has point in his driving license.)
My citizenship application was similar to your wife's - quick and straightforward. I have not expected any delay in my passport application.
I have checked today by track and trace. My letter and marriage certificate has not been delivered to HMPO yet. Will update you with any news about my application.
P.S. What do you mean “add an official 'observation' about your maiden name into the British passport.”?
Perhaps a 1 or 2-day trip to your country to file an internal passport form & obtain a confirmation or receipt to show you have done so will meet this requirement... or be able to show that an application has been made to the relevant authorities to change this.
As you noted, the grounds for refusal of passports mainly involve anti-social behaviour (criminals, extremists & terroists etc).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. The disclosure of information used to determine such a decision will be subject to the individual circumstances of the case.
Antsmall,Antsmall wrote:The "Dual nationals' right" etc was my FOI request. I've been exploring all possible avenues to investigate this matter.
andYou don’t have to follow a legal process to start using a new name. But you might need a ‘deed poll’ to apply for or to change official documents like your passport or driving licence.
Marriage and civil partnership
You don’t need a deed poll to take your partner’s surname. Send a copy of your marriage or civil partnership certificate to record-holders
It is against the law to discriminate against anyone because of:
being married or in a civil partnership
You’re protected from discrimination in these situations:
when using public services
BUT ...2. How you can be discriminated against
Discrimination can come in one of the following forms:
direct discrimination - treating someone with a protected characteristic less favourably than others
indirect discrimination - putting rules or arrangements in place that apply to everyone, but that put someone with a protected characteristic at an unfair disadvantage
It can be lawful to have specific rules or arrangements in place, as long as they can be justified.
4. What you can do
If you think you’ve been unfairly discriminated against you can:
complain directly to the person or organisation
use someone else to help you sort it out (called ‘mediation’ or ‘alternative dispute resolution’)
make a claim in a court or tribunal
Contact the Equality Advisory Support Service for help and advice.
The EASS helpline is able to provide free advice and information about the Equality Act 2010 and the Human Rights Act 1998. We can advise you on identifying the correct protected characteristic, the sector and the prohibited conduct which applies to your circumstances.
We can provide information on your human rights; identify specific articles which may apply to your circumstances and how to raise a complaint if your rights/friend/family member’s rights have been breached.
The EASS is able to offer you an action plan with a view to resolving your issue informally without the stress of going to court or a tribunal. If you feel confident then we will leave you to it and you can work through this yourself, please feel free to contact us if you need further support.
If you feel that you need our support in resolving an issue then let us know and we will contact the organisation who has treated you unfairly on your behalf. We will keep you updated so you know what is going on.
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