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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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Antsmall
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Re: Passport refused - uncancelled passport in maiden name

Post by Antsmall » Sat Apr 18, 2015 9:21 pm

Ok, thanks for the information. So, LiaDoe, it's time to get logorrhoeic on this board, raah! :)

Of course, the best kinds of updates with which to increase your post count would be something along the lines of "Spoke to the bureaucrats, they were totally reasonable and understood my predicament, and they issued my passport and revoked the silly rule, causing harm to no-one". Oh well, we can dream.

MariaD
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Re: Passport refused - uncancelled passport in maiden name

Post by MariaD » Sat Apr 18, 2015 11:30 pm

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.”?

Antsmall
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Re: Passport refused - uncancelled passport in maiden name

Post by Antsmall » Sun Apr 19, 2015 1:56 am

The 'observation on a passport' thing means that if a person also uses another name, for instance their maiden name even if their passport is in their married name (or vice versa), the British passport can have a statement somewhere inside it that says "the holder is also known as" followed by the other name that the passport holder wishes to be noted.

On this document
https://www.gov.uk/government/uploads/s ... sports.pdf
this is explained on page 8, in the section called 'married women using their maiden name'.

Please do let us know if anything transpires, including anything your MP might be able to do. I myself am resident abroad and therefore don't have an MP, but I'm using any other method of exhuming information that I can possibly dream up, for instance by making that Freedom of Information request mentioned earlier, by writing to the passport office and the Home Office, and by talking to a lawyer, which I'll be doing in two days (at least I have an appointment for this, remotely of course). Any information you may be able to obtain might be useful to all of us.

At least Russia does allow name changes following marriage. My non-British nationality doesn't allow name changes at all! All her life, a woman is Annie Brown even if she marries Francis Green and has fourteen children called Green. She is doomed to remain the only Brown member of the Green family - the eternal outsider, no matter how many times she risks her life to produce heirs for Francis Green. (Maybe I should have named her Blue so she could aspire to be Blue-Green, like the algae). Anyway, it seems really annoying that the Russian authorities will only allow name-change passport renewals within Russia, but at least there's a route, however time-consuming and inconvenient. You may have to bite the bullet, go to Russia and have it done. Annoying, I know. But I wish I could go to my other country and get them to write my married name on my passport. They will simply refuse point blank.

Oh, and the reason why none of the published HMPO documents contain any mention at all of this 'no name difference' rule is that it's allegedly on some secret document that nobody is allowed to see. This is what they keep telling me at any rate.

Basically what seems to be happening is that his no-name-discrepancy rule was introduced recently (this is why so many people have been renewing their passports in their married name for years without any problem, despite having foreign passports in their maiden name: last time they had to renew, the rule wasn't there yet) and although it was created as an ill-thought-out measure to prevent fraud or other crimes (terrorism perhaps?), they're sticking it most rabidly even in cases where it is incredibly clear that no fraud or other criminal activity can result from the name change because a) the person has already been examined thoroughly before being granted citizenship and b) the name change is clearly indicated by official documents, leaving no secrecy at all and no room for fraud. But because the rule, invented for criminals, says 'no passport in another name', they're sticking to it without paying any attention to the circumstances of particular cases where totally harmless people with no criminal record simply wish to use their married names. The thing is, we may have to find some way to exert pressure on them to make them either rescind this rule, or add a possibility of discretion in cases like ours. And if this is the case, the more people report this problem and ask for a solution, the likelier it is that they'll realise that the inflexibility with which this rule is being deployed is only creating more problems for innocent people without preventing any criminal activity whatsoever.

noajthan
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Sun Apr 19, 2015 9:04 am

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.
LiaDoe, I think you need a minimum number of posts before you can use the message feature.

In the meantime, if you can share anything you find out, (removing any personal detail for your privacy), it will help us all 8)
Last edited by noajthan on Sun Apr 19, 2015 10:17 am, 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 9:46 am

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.”?
MariaD,
Thanks for sharing. I realise it's so tricky & frustrating.

Antsmall has explained about the official observations that can be put in British passports.
Doing that clearly demolishes official objections to anyone holding a 'secret', second identity but only if HM PO will agree to use it in these cases.
Suggest it's still worth asking HM PO about adding an observation in your case and see what happens.

It may also help if you can persuade your embassy to provide an official letter summarising the policy on (not) cancelling passports.
An official letter would surely carry more weight.
It will show the HM PO that for your case you are trapped within the rules between the 2 countries. Especially if you can also show it's not practical to return to your country to process any paperwork.

Regarding the internal passport, this is worth exploring too:
... or be able to show that an application has been made to the relevant authorities to change this.
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 :?:

Alternatively, Maiden name idea.
The UK passport guide includes an option for an applicant to apply in (or revert to using) their maiden name.
If you can show HM PO you can't cancel or give up your nationality maybe you can explore having your British passport in your maiden name. (Even with a UK naturalisation certificate in a married name the marriage certificate will show the link back to maiden name).

As well as naturalisation & marriage certificates, the notes mention the need to supply a decree absolute document which is rather extreme :!:
But if it's a first-time application it''s not really reverting a passport back to a maiden name.
Maybe in the circumstances, and bearing in mind your original country's passport policy (especially if proved by an official letter), that can be negotiated in your case :?:

My thinking is based on the following quote from the Home Secretary:
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.
As you noted, the grounds for refusal of passports mainly involve anti-social behaviour (criminals, extremists & terroists etc).
It is ridiculous it is catching respectable married ladies in the net.

The main point here is the word proportionate.
We need to campaign & show this new policy is not proportionate. And it is also discriminatory.
So enlisting MPs now when they need us most is good timing.

What is happening is clearly discriminating against married women; in fact discriminating against only those who wish to adopt their spouse's name or maybe a combination of it, perhaps a double-barrelled name.
That cannot have been the intention of the policy.

Right of Abode.
The other challenge is that a British passport proves 'right of abode' in the UK; it is easier to carry around than a fragile (unlaminated) naturalisation certificate.

Worst case I believe you would be able to have a Right of Abode stamp or sticker added in your original passport.
That will prove your right to live in UK but will not help with travel and visas.
It's also quite expensive (£200+) & would need to be renewed every time the original passport is renewed.
So it's a last resort really.

If all else fails the passport guide includes the various four steps for making a complaint, including involving a MP & finally going to an Ombudsman. Maybe this needs to go to higher authorities too.

As for your trip to Europe, ofcourse a British passport would make it so easy. But you can still apply for a Schengen visa if you have to (until your British passport is sorted out). Ofcourse the European embassy will need sight of your original passport to process the Schengen visa.

In the meantime, good luck.
Last edited by noajthan on Sun Apr 19, 2015 12:44 pm, edited 5 times 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 10:35 am

Antsmall wrote:The "Dual nationals' right" etc was my FOI request. I've been exploring all possible avenues to investigate this matter.

..
Antsmall,
that's very constructive. Let's see how it works through the system.

The absurdity of this catch-22 situation is shown here:
https://www.gov.uk/change-name-deed-poll
You 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.
and
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
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noajthan
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Sun Apr 19, 2015 11:41 am

Food for thought

Discrimination: your rights
https://www.gov.uk/discrimination-your- ... rimination
It is against the law to discriminate against anyone because of:
...
being married or in a civil partnership
...
sex
You’re protected from discrimination in these situations:
when using public services
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
BUT ...
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.
Last edited by noajthan on Sun Apr 19, 2015 11:51 am, 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 11:50 am

Equality Advisory Support Service (EASS)
https://www.gov.uk/equality-advisory-support-service
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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noajthan
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Sun Apr 19, 2015 12:03 pm

Guardian newspaper's Liberty Clinic:

Do you have a question for the Liberty Clinic?
http://www.theguardian.com/commentisfre ... rty-clinic
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noajthan
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Sun Apr 19, 2015 12:14 pm

AdviceNow
http://www.advicenow.org.uk

on discrimination:
http://www.advicenow.org.uk/is-that-discrimination
Advicenow is an independent, not-for-profit website, run by the charity Law for Life: the Foundation for Public Legal Education
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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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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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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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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
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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.
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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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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.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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

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

COOL-DUDE1980
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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

COOL-DUDE1980
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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

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