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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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Passport refused - uncancelled passport in maiden name

Post by noajthan » Sun Mar 22, 2015 11:15 am

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

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

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

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

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

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

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


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

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

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

Thanks for sharing 8)
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Mauser1905
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Re: Passport refused - uncancelled passport in maiden name

Post by Mauser1905 » Sun Mar 22, 2015 9:45 pm

If you had cancelled the PH passport , she wouldn't been required to send in the uncancelled passport with maiden name?

noajthan
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Mon Mar 23, 2015 11:53 am

Mauser1905 wrote:If you had cancelled the PH passport , she wouldn't been required to send in the uncancelled passport with maiden name?
That is one option I suppose.

Unfortunately there is no specific guidance or instruction to cancel any/all other passports held in a maiden name when applying for a British passport. There is nothing on this point in the passport booklet & the Post Office clerk didn't raise it either; (we used Check & Send service).

I'm not aware of what (recent??) law or regulations are being invoked here.

My wife is entitled to hold & use her maiden name if she wishes to do so.
(In this case she is actually trying to now use her married name).

Use of a maiden name is even recognised in the UK government/PO document on 'observations to a passport':
See https://www.gov.uk/government/uploads/s ... sports.pdf
For a married woman who maintains she uses both her husband's name and her maiden name, the passport should be recorded with the observation:
THE HOLDER IS ALSO KNOWN AS ............................. (FULL FORENAMES AND SURNAME)
If it can be officially noted on a passport that someone has a maiden name then it must be understood they could have a passport or other documents using that name.
Birth certificates, baptismal certificates, exam certificates & etc will all remain in maiden name anyway, regardless of a marriage.

I understand some countries only issue passports in maiden names so this situation is bound to come up for many dual or potential dual citizens of various countries.
All in all, I don't see the argument about creating multiple identities holding water.

My wife's use of her married name was readily accepted for British naturalisation only last month - without any query.
(The same passports & marriage certificate were submitted at the time).

She is still the same person with same date of birth and address and NI number, tax code (etc etc) - she just has a right to 2 names.
In fact, for the Philippines, my wife would have to reacquire Filipino citizenship to retain certain rights in that country (if she wishes to), so her current Filipino passport is no longer a valid travel document.

For now options seem to be:
1) cancel PH passport
2) request a note referencing maiden name is added to the new British passport

Unfortunately both incur delays as we are still waiting for any written response or guidance from the PO & their legal department
Last edited by noajthan on Mon Mar 23, 2015 1:35 pm, edited 4 times in total.
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noajthan
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Mon Mar 23, 2015 12:00 pm

Finally managed to find some similar cases:

British passport application on hold because of Maiden name different on (Indian) passport, see
https://www.whatdotheyknow.com/request/ ... ication_on

Also, British passport refused:
http://www.immigrationboards.com/britis ... 79624.html
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Mauser1905
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Re: Passport refused - uncancelled passport in maiden name

Post by Mauser1905 » Mon Mar 23, 2015 12:42 pm

Hope the matter resolves sooner than later. The front end staff which are not always trained or have experience of complex situations such as yours. I have first hand experience.

Either way please do update the thread with response from IPS and final outcome, so next time anybody comes searching will gain helpful information.

Good luck.

gemgirl23
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Re: Passport refused - uncancelled passport in maiden name

Post by gemgirl23 » Thu Mar 26, 2015 12:14 pm

noajthan wrote:Finally managed to find some similar cases:

British passport application on hold because of Maiden name different on (Indian) passport, see
https://www.whatdotheyknow.com/request/ ... ication_on

Also, British passport refused:
http://www.immigrationboards.com/britis ... 79624.html
Hi, have you received any resolution to your wife's issue? I will be exactly the same as I am now married & did have my PH passport in maiden name. Thanks

noajthan
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Thu Mar 26, 2015 6:31 pm

gemgirl23 wrote:
noajthan wrote:Finally managed to find some similar cases:

British passport application on hold because of Maiden name different on (Indian) passport, see
https://www.whatdotheyknow.com/request/ ... ication_on

Also, British passport refused:
http://www.immigrationboards.com/britis ... 79624.html
Hi, have you received any resolution to your wife's issue? I will be exactly the same as I am now married & did have my PH passport in maiden name. Thanks
We are still waiting for any reply in writing;
- still expecting to receive an official letter (from the Passport Office) with any questions or suggested next steps.

This must be a very common situation as it seems some countries only issue passports in a woman's maiden name.
And the cost & complexity of the British visa system - with id cards (BRP) for ILR/settlement - really discourages you from changing names along the journey; (which in our case was from fiancee, to spouse, via FLR & ILR then 'finally' to naturalisation).

Will give them a few more days :?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

gemgirl23
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Re: Passport refused - uncancelled passport in maiden name

Post by gemgirl23 » Thu Mar 26, 2015 9:14 pm

noajthan wrote:
gemgirl23 wrote:
noajthan wrote:Finally managed to find some similar cases:

British passport application on hold because of Maiden name different on (Indian) passport, see
https://www.whatdotheyknow.com/request/ ... ication_on

Also, British passport refused:
http://www.immigrationboards.com/britis ... 79624.html
Hi, have you received any resolution to your wife's issue? I will be exactly the same as I am now married & did have my PH passport in maiden name. Thanks
We are still waiting for any reply in writing;
- still expecting to receive an official letter (from the Passport Office) with any questions or suggested next steps.

This must be a very common situation as it seems some countries only issue passports in a woman's maiden name.
And the cost & complexity of the British visa system - with id cards (BRP) for ILR/settlement - really discourages you from changing names along the journey; (which in our case was from fiancee, to spouse, via FLR & ILR then 'finally' to naturalisation).

Will give them a few more days :?
Is that so? Thanks for the reply, I will keep an eye on this thread & I hope you receive some reply from them soon so you can move forward.

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Re: Passport refused - uncancelled passport in maiden name

Post by LiaDoe » Sat Mar 28, 2015 12:18 pm

I also have the same problem. I have applied for my first British passport and been refused on grounds that in my foreign passport - old name and I applied for a British passport in new name :?
The Certificate of Naturalisation was issued in my new name.
managed to find : https://www.gov.uk/government/uploads/s ... f-name.pdf

noajthan
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Sat Mar 28, 2015 1:03 pm

LiaDoe wrote:I am also have the same problem. I have applied for my first British passport and been refused on grounds that in my foreign passport - old name and I applied for a British passport in new name :?
Certificate of Naturalisation issued in my new name.
Managed to find : https://www.gov.uk/government/uploads/s ... f-name.pdf
Hello, yes an interesting guidance document.

What I know & believe is:
in the UK, anyone can use any name for regular, lawful purposes;

There is no requirement to have a single name
- for example, many people can (& do) retain their maiden name
or use a stage name
&/or use a professional name for their own purposes;

Women do not have to adopt the husband's name on marriage (& vice versa);
- in other countries, (eg Italy, Mexico, Morocco), it seems a woman's documents can (or do) remain in her maiden name for official purposes, even after marriage;

Worldwide there are many different cultural practices & traditions surrounding name change;
eg in my wife's case, it's a Filipino tradition, which seems to be based on (but a variation of) a Latin-American or perhaps Hispanic tradition

Many dual-nationals do hold & do travel on passports held in different names, whether it's by design or for expediency (or even just to save on an inconvenient & time-consuming extra bunch of paperwork)
However, it appears there is a new or changed UK policy regarding UK identity documents - as seems to be shown by this Names document.
It can only apply in UK as UK does not have juridiction over passports issued by other countries.
It seems the fact this can apply to UK documents only is not specified clearly in the document :!:

So it seems officials aren't aware of that when they apply the policy for applications from dual-nationals &/or for applications from recent citizens that happen to involve a maiden/surname change.

Although name changes are captured in the application form there are no questions about dual-nationals.
The act of becoming a British citizen impacts prior citizenship in different ways...
In India the prior nationality is lost because dual-nationality is not permitted under Indian law.
For a Filipino becoming British, the Filipino nationality would have to be reacquired, (it's optional).
So in my wife's case her Filipino passport can no longer be valid & so it cannot 'clash' with any new British passport.

PO officials are obviously applying the checks to passports over which they have no jurisdiction as well as checking against UK documents; they don't appear to take account of dual-nationality in any case :!:

For consumers, such as ourselves, it's unfortunate none of this is clear in the passport guide booklet :!:
It's also unfortunate the Post Office NCS service don't seem aware & so don't pick up on this when vetting passports & certificates.

The Names guidance document clearly includes the option of adding an 'observation' about a maiden name in a British passport
I don't see why the PO can't just do that in our cases :?: :!:
Last edited by noajthan on Sun Mar 29, 2015 11:05 am, edited 2 times in total.
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LiaDoe
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Re: Passport refused - uncancelled passport in maiden name

Post by LiaDoe » Sat Mar 28, 2015 1:28 pm

Hi, you're probably right .
But
I sent an explanation letter to the HMPO why it is not possible to change of surname in my foreign passport and got an answer : "it is the policy of Her Majesty’s Passport office not to issue a passport when we are aware of a passport being held in another identity. Therefore I am unable to issue your British passport at this time."
I don't know what to do now.

noajthan
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Sat Mar 28, 2015 1:58 pm

LiaDoe wrote:Hi, you're probably right .
But
I sent an explanation letter to the HMPO why I cannot change of surname in my foreign passport and got an answer : "it is the policy of Her Majesty’s Passport office not to issue a passport when we are aware of a passport being held in another identity. Therefore I am unable to issue your British passport at this time."
I don't know what to do now.
Hmm, we're still waiting for our reply so wonder if it will be similar.

I'm assuming you have dual nationality & for some reason your other country only uses maiden names or doesn't allow changes :?:

Otherwise...
Can you change the name in your other passport :?:

If you don't require dual nationality anymore can you renounce it (or confirm to UK you will renounce it) :?:

If you don't want to renounce nationality can you just cancel the other passport :?:
(you don't have to hold a current one from each country - maybe get it back later) :!:

Then reapply to UK as you will have no conflicts (as they see it) with other passports;
(also ask for maiden/other name to be noted in your UK passport)

fyi the person in this link seems to have done this successfully earlier this year, see:
http://www.immigrationboards.com/britis ... 79624.html

In any case, how about this:
Ask for the specific source of the policy (which law or policy or guide).
if the response they gave is based on the Names document then point out it must/ it should/ it can only apply to the UK.

Ask them to confirm the scope of the document & the scope of documents & countries it applies to
The document itself does not contain this detail :!:
(whereas various UK visa policy documents do usually contain such references)

- point out the policy does not appear to fit the case of dual-nationals & is incompatible with policies from other countries
- point out the wording & scope is misleading & the official may have misunderstood it &/or misapplied the policy :!:

If no progress. the passport guide itself outlines the passport complaints process - with various points of contact & levels of escalation;
- there certainly seems grounds for complaint about the lack of relevant guidance in the passport booklet (& from NCS service) :!:

Have you taken any advice from a local Citizen's Advice Bureau or community law centre (or lawyer) :?:
Have you contacted your MP to follow up your case & question the PO on your behalf :?:

Good luck 8)
Last edited by noajthan on Sat Mar 28, 2015 5:23 pm, edited 9 times in total.
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noajthan
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Sat Mar 28, 2015 2:18 pm

From the UK gov 'Names' document, https://www.gov.uk/government/uploads/s ... f-name.pdf

Note it's unclear what regulation or law this policy is based on; (no such details given in the document).
All applications involving a change of name, whether the application is for a first passport, renewal or replacement passport, need to be examined carefully. ... It is therefore important to be sure that:•
The applicant has gone through a formal process to record a change of name;
There are no indications of fraud in the application;•
Previous and new names are checked on the system for other passports
- this must surely apply to a UK 'system' (only), what world-wide registry can there be :!:
Examiners should also remember, even if there is a marriage certificate submitted, it is vital the maiden name is checked to ensure there is no passport in those details and that the maiden name is case noted and added to passport notes.
- this must surely apply to UK (only) - other countries may issue legitimate documents in a maiden name :!:
If a first time application is submitted along with a marriage certificate, the examiner must ensure checks are completed on all previous names.
...
Where a person has married and upon marriage has not changed their name, this may be accepted. Where the examiner is aware that a person has married and claims only to use their maiden name or previous name and not the new married name, then the system should be browsed using the married name.
- again can only be referring to UK systems
Where a person changes their name on marriage but continues to use their maiden name professionally, a statement to such effect must be obtained.
.... The passport should be issued in the married name and an observation showing the maiden name should be added:
"THE HOLDER IS ALSO KNOWN AS (full forenames and surname)"
- As a UK passport can recognise use of a maiden name, it follows that, for a dual national, they might well use their maiden name in another country too :!: (including on legal documents such as a 2nd passport)
Last edited by noajthan on Sat Mar 28, 2015 5:20 pm, edited 2 times in total.
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LiaDoe
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Re: Passport refused - uncancelled passport in maiden name

Post by LiaDoe » Sat Mar 28, 2015 3:47 pm

Thank you for your advice.
I cannot change of surname in my foreign passport due to law in my origin country and I would not like to give up my citizenship.
I will send a request to the HMPO to provide me a formal refusal letter with the reason for decision.
noajthan wrote: Have you taken any advice from a local Citizen's Advice Bureau or community law centre (or lawyer) :?:
Have you contacted your MP to follow up your case & question the PO on your behalf :?:
Not yet.

noajthan
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Sun Mar 29, 2015 1:47 pm

Interesting take on the requirement to supply all uncancelled passports with a UK passport application:
http://www.qwealthreport.com/british-du ... nt-spying/
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noajthan
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Sun Mar 29, 2015 2:01 pm

For reference, HM Passport Office: passports policy
https://www.gov.uk/government/collectio ... rts-policy
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noajthan
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Sun Apr 05, 2015 12:08 pm

Still nothing received in writing from HM PO to explain their apparent refusal of my wife's passport application.

Here's a similar recent case, again from this year:
http://www.immigrationboards.com/britis ... 79624.html

- clearly some internal rules have changed at the PO and yet the published guidance notes are out of sync & NCS seems unaware...
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Re: Passport refused - uncancelled passport in maiden name

Post by gemgirl23 » Sun Apr 05, 2015 3:27 pm

noajthan wrote:Still nothing received in writing from HM PO to explain their apparent refusal of my wife's passport application.

Here's a similar recent case, again from this year:
http://www.immigrationboards.com/britis ... 79624.html

- clearly some internal rules have changed at the PO and yet the published guidance notes are out of sync & NCS seems unaware...
Hi I'm checking your thread almost everyday and also anticipating what PO will advise you what to do next. I find it ridiculous that the name "issue" didn't come up in the naturalisation application stage. It is basically the immigration/passport office issuing documents that they themselves will not accept. I.e Naturalisation certificate in new name. It is getting me nervous as I will be applying soon & not only did I changed my name once after marriage but also have changed it when I came over here when I was 16 & took over my Mum's new surname then. The other issue is I've now lost the original change of name deed but do have copies which I have sent in with my naturalisation app but now I am reading that PO can only accept originals. As I need to show proof for every change of name do I then do another deed poll just to support the change of name that happened years ago which I don't currently use now as I am married? I don't know what to do.

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Re: Passport refused - uncancelled passport in maiden name

Post by Antsmall » Sun Apr 05, 2015 8:46 pm

The relevant regulation, from 9 June 2014, is here:
Overseas Policy and Procedure Changes 9th June 2014

On page 7 it says:

"If the applicant provides a dual national passport in a different name, their application should be withdrawn until they change the name in their dual national passport to the one that they are requesting on their British passport".

So basically there doesn't seem to be a solution for those whose foreign nationalities absolutely refuse to give married names on passports - with the marginal possible exception that a letter of the type mentioned at the very end of the thread (namely this: http://www.immigrationboards.com/britis ... 79624.html) that noajthan also posted above will be accepted. Here's the pertinent passage from that other thread:

"Recived a letter from HMPO- they requested a Letter stating that i will give up my foreign pasport as soon as i recive of my british passport, sent letter off and with 2 days recived letter of interview, had interview on friday 30/1, recived passport this morning". (Copy-pasted, so all spelling errors etc are as in the original). It would be interesting to find out more about this 'letter'.

This person https://www.whatdotheyknow.com/request/ ... ication_on had the same problem and eventually received their passport, but didn't explain why, leaving us none the wiser.

Please let's keep each other updated about any progress made or new information gathered.

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Re: Passport refused - uncancelled passport in maiden name

Post by vinny » Mon Apr 06, 2015 12:25 am

Antsmall wrote:The relevant regulation, from 9 June 2014, is here:
Overseas Policy and Procedure Changes 9th June 2014
Couldn't find it on the HM Passport Office's website, probably because:
Ministers intervene to prevent relaxation of checks at Passport Office wrote:A Home Office spokesman said: "Ministers were unaware of this document and have instructed Her Majesty's Passport Office to withdraw it immediately."
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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