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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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noajthan
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Sun Apr 19, 2015 1:31 pm

UK Feminista - campaign group:
http://ukfeminista.org.uk/take-action
Last edited by noajthan on Sun Apr 19, 2015 4:44 pm, edited 1 time in total.
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noajthan
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Sun Apr 19, 2015 1:32 pm

Secretary of State for Education and Minister for Women and Equalities
The Rt Hon Nicky Morgan

https://www.gov.uk/government/people/nicky-morgan
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noajthan
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Sun Apr 19, 2015 4:27 pm

The Fawcett Society - campaign group; charity campaigning for gender equality and women’s rights.
http://www.fawcettsociety.org.uk/about
Last edited by noajthan on Sun Apr 19, 2015 5:31 pm, edited 1 time in total.
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noajthan
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Sun Apr 19, 2015 5:21 pm

Liberty - human rights group; promoting the values of individual human dignity, equal treatment and fairness as the foundations of a democratic society.
ttps://www.liberty-human-rights.org.uk/get-advice
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noajthan
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Sun Apr 19, 2015 5:54 pm

Migrant's Network - sources of advice:
http://www.migrantsrights.org.uk/about/advice-services
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Antsmall
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Re: Passport refused - uncancelled passport in maiden name

Post by Antsmall » Sun Apr 19, 2015 5:55 pm

Can you guys, who are actually in Britain, do the stuff that involves either being in Britain - e.g. talking to your MP, which I can't because I don't live there and consequently don't have an MP (also, because I still haven't applied for citizenship by descent, I'm still technically 'a foreigner' even though on my father's side my heritage is British since time immemorial and I'm also a demmed proficient native speaker of [inter alia] English, if I say so myself) - or calling Britain on the phone? Meanwhile I, as you have perhaps noticed, have been doing, and will continue to do, everything that I can possibly cook up which doesn't involve being physically in Britain, such as emailing back and forth with the Home Office and the HMPO, making freedom of information requests, arranging to talk to a lawyer (which is happening tomorrow at daybreak my time and is frighteningly expensive), and generally trying to become as informed on the matter as possible. I don't have a landline but only a mobile (because I'm spectacularly poor, despite spending most of my time in a supposedly prestigious job which I passionately loathe) plus the place where I live has an eight-hour time difference with Britain, which means that I can only talk to official thingiejoblets in Britain by waking up at bird o'clock on a work night, thereby effectively cutting my total sleeping time in half because as an inveterate night person I already have enough trouble as it is getting up sufficiently early to go to my soul-crushing job. This is what I'll have to do basically tonight / tomorrow morning to talk to this lawyer - be compos mentis (more like compost mentis) most heinously early on a Monday morning, no less. (The horror. The horror).

If you guys can do the phone things and the MP things it will be an immense help. As noajthan says and as I've also been saying, it is a good idea for us to apply pressure to get this thing resolved. Given that we're mortal (and relatively short-lived at that) and we want to start enjoying life as soon as possible, doing this things sooner rather than later is arguably advisable. As in, let's get cracking, no?

Incidentally, I have been mentioning the business of 'come on people, just make a note of my maiden name in my passport already' to the HMPO, but as I may have indicated before, they haven't acknowledged that so far, despite the fact that it would render the rationale (fraud, 'security' and all that jazz) behind the no-name-discrepancy rule completely moot, in other words render their draconian attitude towards names utterly unnecessary; all they do is repeat ad nauseam that 'it is against HMPO policy blablabla'.

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Re: Passport refused - uncancelled passport in maiden name

Post by vinny » Sun Apr 19, 2015 11:44 pm

Probably best to communicate with the HMPO in writing rather than on the telephone. It may be helpful to keep all communication documented.

However, if you have a smartphone, then you could call your lawyers cheaply via VOIP, using apps like viper, Skype or line, etc.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
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Antsmall
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Re: Passport refused - uncancelled passport in maiden name

Post by Antsmall » Mon Apr 20, 2015 12:33 am

I don't have a smartphone but I do have internet and a computer with skype. On this occasion the lawyers will be calling me (yay) but for the future I don't mind skype. The problem, though, is the hours. To talk to Britain during office hours I have to get up horribly early on work days and then I can't go back to bed because I have to go immediately to work and waste another ten hours on just a couple of hours of sleep. So if we're dividing up the chores, things which involve MPs or telephones are most suited to people who are actually in Britain.

Yes, I've been contacting the HMPO by email, even though I haven't got anywhere useful yet: they just keep repeating the same 'policy', which they refuse to prove actually exists on some real document, and they don't acknowledge any of my suggestions or questions about ways of getting around it or reasons why enforcing this 'policy' isn't necessary in the cases of, as noajthan expresses it, 'respectable married ladies' because of the clear, documented and always explicit link between the two names. A rule invented for criminals is being used unnecessarily against innocent people who voluntarily make all information available and have no criminal record (if not they wouldn't have been allowed to register or naturalise), and this 'proportional' exceptional raison d'etat power to refuse passports is being used in a totally disproportionate way. They're being utterly obsessive about enforcing this newly invented rule in cases where the rule doesn't solve any problems but only creates them. They're mindlessly applying this rule without considering the circumstances.

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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Mon Apr 20, 2015 11:56 am

Only about 1 year ago people were successfully applying for a British passport in their married name (with supporting documents including a naturalisation certificate in married name & a passport in maiden name):
http://www.immigrationboards.com/britis ... 59445.html
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Antsmall
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Re: Passport refused - uncancelled passport in maiden name

Post by Antsmall » Mon Apr 20, 2015 2:43 pm

Indeed, it should be a straightforward thing and the inflexible application of this newly invented 'policy' is neither 'necessary' nor 'proportionate' when it is used, not against people who 'fight against the UK', but against people who manifestly have no criminal record (because they've already been turned inside out like a sock before being granted citizenship) and who merely wish to follow an extremely common and widely accepted procedure supported by governmental documents, and who make every detail clear and explicit from the very beginning, undermining any suggestion and any possibility of fraud. A supposedly exceptional power used against criminals in the interest of the state is now being used routinely against model citizens in the interests of no-one.

The lawyers have bailed on me. I'm going to have to wait another week to talk to them, and of course they only told me at the last moment, after I'd got up at dawn on a heinous Monday morning, following a near-sleepless night of trepidation, just to talk to them, hoping for some relief. Another week of having to feel like this. How many minutes that is. I wish I could be in a coma until then. They, who have presumably always had the automatic right to their own father's nationality and their own husband's name, perhaps don't understand how it feels to be denied these things, how I've had relentless nightmares and appetite loss over this, counting down the days and minutes to my appointment with them in hopes they would help me and I could feel normal for a change. They have the luxury of not having to know how it feels.

I'll post updates if I learn anything relevant.

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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Mon Apr 20, 2015 4:42 pm

Update to my wife's case.
We have still received nothing in writing from HM PO.

Called HM PO & explained to the help desk that I believe my wife currently only has British citizenship;
she does did not have Filipino citizenship any more as the UK citizenship ceremony cancelled it out.
(This has been confirmed, verbally, on 2 occasions, by the Philippine embassy in London).
If accepted by HM PO this should remove the obstacle to having a British passport issued to her.

Requested a callback.
Was surprised to receive a callback within about 10 minutes.

The HM PO official first said they would not issue a passport due to the 'Dual Identity' situation (as she called it).
I repeated my explanation (my wife has only 1 nationality at present) which the official accepted verbally and said would help move the case forward;
she said I would have to provide a letter to that effect, via the embassy.

The official would not comment on why the passport guidance was not clearer upfront on this 'Dual Identity' scenario.
Nor would she comment on how common it was or why the policy was (evidently) different from the Home Office policy
(which approves naturalisations in married names even with documents in a maiden name).option og
She simply observed that the Home Office was a different department with its own policies (or words to that effect).

I next called the Philippine embassy who, unfortunately, seemed reluctant to provide me with an official letter on their citizenship policy.
They are prepared to cancel the Filipino passport & will provide us with a Certificate of Cancellation if we can go to the embassy with the passport.
Ofcourse the problem is the passport is still in the hands of HM PO.

Interestingly, the embassy commented that they have had several requests like this recently.
They reassured me that cancelling a passport would not prejudice reacquiring Filipino citizenship at a later date.
(To reacquire or retain Filipino citizenship, and become a true dual citizen, the Filipino citizenship has to be the nationality that is acquired last of all).

Called HM PO again to update them on all this & to request return of the Filipino passport.
This requires waiting for another callback "within 2 working days".

This (different) official would also not comment on why the passport guidance was not clearer about the 'Dual Identity' problem.
Nor would he comment on how common an occurrence it was.

Well at least for my wife we have a way ahead, even if so time consuming & frustrating.

For those who don't have an option to either cancel or change their original passport it seems the only option may be to change the UK application so as to apply in their maiden name ( :?: :!: ).
But I haven't explored this possibility; I don't know what the HM PO position would be if presented with a naturalisation certificate in a married name in connection with a married woman's request for a British passport in a maiden name.

For now that may be the only way out of this catch-22 until the apparently recent 'Dual Identity' policy is publicised, reviewed and changed or even overturned :!:
Last edited by noajthan on Tue Apr 21, 2015 7:56 am, edited 3 times in total.
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Mon Apr 20, 2015 5:22 pm

Antsmall wrote:...

The lawyers have bailed on me. I'm going to have to wait another week to talk to them, and of course they only told me at the last moment, after I'd got up at dawn on a heinous Monday morning, following a near-sleepless night of trepidation, just to talk to them, hoping for some relief. Another week of having to feel like this. How many minutes that is. I wish I could be in a coma until then. They, who have presumably always had the automatic right to their own father's nationality and their own husband's name, perhaps don't understand how it feels to be denied these things, how I've had relentless nightmares and appetite loss over this, counting down the days and minutes to my appointment with them in hopes they would help me and I could feel normal for a change. They have the luxury of not having to know how it feels.

I'll post updates if I learn anything relevant.
Sorry to hear that Antsmall.
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Mon Apr 20, 2015 9:23 pm

Finally received a letter from HM PO
(I have anonymised some of it)
When considering issuing passports, HM PO seeks to confirm that a name is used for all purposes. It would appear you have not assumed a single name for all purposes, and you hold a ... passport in the name of <maiden name>
...I understand that you wish to use the name <married name>, as shown on your Naturalization certificate which has been issued by the Home Office, for all purposes.
[There followed an interpretation of the relevant Act of <foreign country> law from the HM PO Policy department]
Therefore in order to be able to proceed with your application, we will require your name on your <current, foreign> passport to be amended to <married name>.

If the authorities are unable to amend your name so that it is the same as on your Naturalization certificate, or if the ... authorities state that you are no longer entitled to hold a <foreign> passport, we will require written confirmation of this from the <foreign> authorities.
>> Hope here for those ladies who cannot change their original passport. Especially in relation to countries with legal restrictions on such changes.
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.
>> Again, another hopeful way forward for those ladies who cannot change their original documents for whatever reason.
At the cost of sacrificing any initial passport application made in your married name, it appears you can apply to use your maiden name even if you were recently naturalised in your married name.
Last edited by noajthan on Mon Apr 20, 2015 10:36 pm, edited 3 times in total.
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Re: Passport refused - uncancelled passport in maiden name

Post by COOL-DUDE1980 » Mon Apr 20, 2015 10:30 pm

Hi everyone,

I've been reading your posts and don't understand when this new secret policy was introduced!

I naturalised in nov 2014 and applied for the passport in dec 2014 and had no probs or wat so ever.

My foreign passport is in my maiden name, my Naturalisation certificate was in my married name and I applied for my first british passport in my married name, not matching my foreign passport and had no ptobs or wat so ever.

I think u guys are penalised unnecessary and hope you get it sorted out soon cause it seems very unfair

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Re: Passport refused - uncancelled passport in maiden name

Post by COOL-DUDE1980 » Mon Apr 20, 2015 10:34 pm

Sorry I put the wrong dates:

Naturalised SEPT 2014
Applied for the passport in oct 2014

noajthan
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Tue Apr 21, 2015 4:35 pm

COOL-DUDE1980 wrote:Hi everyone,

I've been reading your posts and don't understand when this new secret policy was introduced!

I naturalised in nov 2014 and applied for the passport in dec 2014 and had no probs or wat so ever.

My foreign passport is in my maiden name, my Naturalisation certificate was in my married name and I applied for my first british passport in my married name, not matching my foreign passport and had no ptobs or wat so ever.

I think u guys are penalised unnecessary and hope you get it sorted out soon cause it seems very unfair
Thanks for your concern Cool-Dude1980
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Tue Apr 21, 2015 6:23 pm

Wrote to HM PO today with what I believe to be a correct interpretation of the relevant Philippine laws on citizenship;
I believe it amounts to enough proof that my wife is not actually a dual citizen & it confirms her previous passport is in fact no longer valid, (ie since the date she was naturalised in the UK).
Hopefully, if accepted by HM PO, this removes the 'dual identity' blocker to having a British passport.

Failing that, we have offered to cancel the existing foreign passport & submit a 'certificate of cancellation' from the embassy.
To do this will need HM PO to return the passport & involves a trip to the London embassy.

Failing that... have asked for further options from HM PO :!:

Fingers crossed.
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Re: Passport refused - uncancelled passport in maiden name

Post by LiaDoe » Wed Apr 22, 2015 3:51 pm

Yesterday I sent another request to the HMPO about the status of my application . And today got an answer that with regards to my application the caseworker have contacted the HMPO policy department . The policy department have advised that they are working on my case and caseworker currently awaiting their response.
Also I wrote that the fact, that HMPO holds my foreign passport which is the only document proving my identity does not help in solving the problem.
I have again made contact with my consulate and they have told me that I should in person visit the consular lawyer to get the advice about the possibility of a change of name. As I cannot in person visit the consulate or any authorities without a passport I'll need that HMPO returned my passport back .
And the caseworker offered to send me my passport back via courier post without canceling my application .

noajthan
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Wed Apr 22, 2015 4:59 pm

LiaDoe wrote:Yesterday I sent another request to the HMPO about the status of my application . And today got an answer that with regards to my application the caseworker have contacted the HMPO policy department . The policy department have advised that they are working on my case and caseworker currently awaiting their response.
Also I wrote that the fact, that HMPO holds my foreign passport which is the only document proving my identity does not help in solving the problem.
I have again made contact with my consulate and they have told me that I should in person visit the consular lawyer to get the advice about the possibility of a change of name. As I cannot in person visit the consulate or any authorities without a passport I'll need that HMPO returned my passport back .
And the caseworker offered to send me my passport back via courier post without canceling my application .
LiaDoe,
Hopefully, you may soon receive a letter something similar to ours (posted a few coments back);
if so you may be offered an alternative option - to (re)apply for a British passport in your maiden name; (even though naturalised in your married name).

Even if not ideal it could be a way forward for now, at least dual identity including a valid British identity/travel document.

Then you will have breathing space and all your travel options available using either passport - and time to sort out any long-term name changes.

Good luck
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Re: Passport refused - uncancelled passport in maiden name

Post by MariaD » Thu Apr 23, 2015 11:19 pm

Hi all.

I don't have good news. No luck for my application, and I sent official complaint today.
Please, can we all share information where and to whom we complain. My application at Liverpool office (I guess all of us affected by same office or maybe by same team), I sent complaint to Newport. Not sure if it right address, as Passport Office advice call-centre insisted to send complain to Liverpool. But I don't trust this office anymore. Want somebody else to work with my documents. Where my letter is will end up?

noajthan, how and where did you complained: by phone, email, or writing them?

examinator just ignored me. Didn't call last time it's all. Suppose to call today or tomorrow. Well. Will see. Spoke with 2 staff member from HMPO helpline yesterday: they are both have not heard anything about the policy and cases like mine. One of them said she is working for HMPO for 10 years. So is this policy exist?
Home office is not aware about this and said HMPO ignored their legitimate document (Naturalisation certificate).

Discrimination complaint for me won't work, as adviser said it should be all or many people of my nationality affected. :(

MP have not replied.

What is my next plan:
1. Want to send complain to London to Parliamentary and Diplomatic Enquiries Team. Do you think it's worth?

2. Will try to contact to person from NCS. He advised me to use any surname in naturalisation certificate and now I have problems. I paid money for this by the way. Will ask what he can advise or how he can help me.

3. Maybe will make official complain to Home Office. They must take responsibility for putting the marriage name in Naturalisation Certificate, while original passport on maiden name or at list they should worn me that passport will need change.

4. Keep my MP with up date. I know he's busy but it seems he will be still MP after elections, so he must do his job.

5. As I am British Citizen now, I am also EU citizen and have rights to move, which I can't use now because they denied my passport. Where can I complain about this? My husband thinks MEP best person to complain. Any other suggestions?

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