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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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MariaD
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Re: Passport refused - uncancelled passport in maiden name

Post by MariaD » Sat Apr 25, 2015 11:43 pm

noajthan Sorry for me to be nosy. What is your wife going to do to her application? Have she made decision or are you going for further complaint?

MariaD
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Re: Passport refused - uncancelled passport in maiden name

Post by MariaD » Sun Apr 26, 2015 11:20 am

I am probably was wrong, I can't return to UK just with Russian passport and naturalisation certificate/ This is probably not enough?
Last edited by MariaD on Sun Apr 26, 2015 11:38 am, edited 1 time in total.

noajthan
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Sun Apr 26, 2015 11:22 am

MariaD wrote:noajthan

thank you for explain about right to abode, but I think this is not what I am looking for. I had right to live in Uk permanently as I had ILR, but because of schengen visa process I decided to get Citizenship. Spent 1000 pounds and end up with even less rights that I had before. I need British passport only for holiday issues, that's it. I don't think right to abode will let me to go to schengen area. But if I travel to Russia for example I still have right to return to UK by my Russian Passport if I show naturalisation certificate. I think.
MariaD,

Agree, RoA is not ideal in this situation, it's a last resort & no good for free movement around Europe.
Just mentioned it so all options are on the table and can be weighed up.

I think you are right about entering UK by showing a naturalisation certificate.
- It may cause some delay & questions at the border but it does prove your right to be in UK;
one problem is its paper (fragile) & yet must not be laminated.

Would need advice from UKBF to be sure on this point about re-entry to UK.
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 » Sun Apr 26, 2015 12:05 pm

MariaD wrote:I will complain to Parliamentary and Diplomatic Enquiries Team (PDET), (Official complaint to Passport Office on its way),
I will send complaint to Home Office Immigration (who issued my certificate), Probably, I will email to that minister who designed this policy, (don't know if it will make any effect),
definitely will challenge my MP after election (doesn't matter if he will be back of another one).
Will investigate possibility of women's right campaigners, thank you for suggestion (human's right campaigners wouldn't work as I called them earlier, they don't think it's discriminations)
How it's sits with law - can't say, need legal advise. Good advise will cost a lot of money, I can't afford.
But now I am looking for another suggestion maybe what you said before, change application to my maiden name. One think, I don't want to change numerous of documents what I already have here in UK.
MariaD,
Sounds like a good plan.

The HM PO announcement says they do not not intend legitimate applicants to suffer. But you are; we are.
So the policy clearly hasn't been thought through or tested properly. We are the 'guinea pigs' and it is is having unintended consequences.

So suggest you also try asking for an exception to be made in your case. Make your case at the highest level, not with the regular caseworkers.

After all you have been caught by the unpublicied changes in the new passport guidance (or is it policy).
If you had known in advance (if the guide notes & NCS were clear about it) you could have been naturalised in your maiden name, then all your docs would already match up - and no conflict with HM PO identity policy.
Last edited by noajthan on Sun Apr 26, 2015 10:48 pm, edited 1 time 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 » Sun Apr 26, 2015 12:20 pm

MariaD wrote:want to add, what about to give this to newspaper?
I don't know much about media & PR.
I think a sympathetic journalist & sympathetic newspaper is required

How about these journos & paper...
Guardian
http://www.theguardian.com/commentisfre ... ses-trauma

http://www.theguardian.com/commentisfre ... pouse-visa

Huffington Post
http://www.huffingtonpost.co.uk/2014/12 ... 47040.html

Sputnik
http://sputniknews.com/europe/20150213/1018226554.html

Also https://familyimmigrationalliance.wordpress.com
Last edited by noajthan on Sun Apr 26, 2015 1:43 pm, edited 2 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 » Sun Apr 26, 2015 12:38 pm

MariaD wrote:noajthan Sorry for me to be nosy. What is your wife going to do to her application? Have she made decision or are you going for further complaint?
MariaD,
For now we are trying to retrieve her passport from HM PO.
Under Philippine law (RA225) she is no longer a Philippine citizen & her passport is no longer valid.
(Her Philippine citizenship lapsed when she was naturaised in UK; to retain it she would have to apply via the embassy to become recognised as a Philippine citizen again).

HM PO (policy department) appear to have misundertood these legal points.

The embassy have now said it's possible to cancel the passport & issue a certificate to prove this (if we submit the passport to the embassy in London).

It means she is not a dual citizen & she has lost her various rights in the Philippines, (land rights, voting rights etc).
These can be retained at a future date if she so wishes.

Hopefully, the Certificate of Cancellation will be enough to avoid the 'Dual Identity' objection to getting a British passport issued.
So focusing on this plan for now & we're reserving judgement on all other actions after that.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

ouflak1
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Re: Passport refused - uncancelled passport in maiden name

Post by ouflak1 » Mon Apr 27, 2015 12:28 pm

I just wanted to add that I personally think you may have a claim under Article 16 of the Universal Declaration of Human Rights, to which the UK is a signatory. In my opinion, the UK is denying you the right to engage in married life, and discouraging others to do so. They have been called out on this sort of thing before (and lost, though pyrrhically).

noajthan
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Mon Apr 27, 2015 12:42 pm

About official observations in British passports - including observations for use of a maiden name:
https://www.gov.uk/government/uploads/s ... sports.pdf
All that is gold does not glitter; Not all those who wander are lost. E&OE.

LiaDoe
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Re: Passport refused - uncancelled passport in maiden name

Post by LiaDoe » Mon Apr 27, 2015 6:04 pm

Today I got my foreign passport back .
After all you have been caught by the unpublicied changes in the new passport guidance (or is it policy).
If you had known in advance (if the guide notes & NCS were clear about it) you could have been naturalised in your maiden name, then all your docs would already match up - and no conflict with HM PO identity policy.
I have applied for my first British passport in the middle of January and did not know about these new requirements that surname in my foreign passport must match the surname on application to the British passport .
I sent request in the March whether the HM PO will refund money for my passport application because I think the HM PO deluded me, not giving the right information and if I had been made aware or informed of these requirements, I would not have applied for a British passport and bear the financial costs of knowing that I cannot change the name on my foreign passport . And to date did not receive a reply :?
Any way I'm glad to get my foreign passport back at least I am now free again. Something is better than nothing 8)

noajthan
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Tue Apr 28, 2015 11:30 am

ouflak1 wrote:I just wanted to add that I personally think you may have a claim under Article 16 of the Universal Declaration of Human Rights, to which the UK is a signatory. In my opinion, the UK is denying you the right to engage in married life, and discouraging others to do so. They have been called out on this sort of thing before (and lost, though pyrrhically).
That's an interesting idea.

And I found these examples in recent case law, related to Articles 8 & 17;
European courts have upheld a person's voluntary name changes as part of their right to a private life.
This seems to be when a national government was enforcing their own localised rules on names.

http://www.humanrights.is/en/human-righ ... and-gender

Very interesting to know if this principle would be upheld for our cases here.
Both the Human Rights Committee and the European Court have ruled that a person’s name falls under the protection afforded by the right to respect for private life.

...the Human Rights Committee established that a person’s name, including the power to change it, falls within the realm of privacy:

The Committee is of the view that a person’s surname constitutes an important component of one’s identity and that the protection against arbitrary or unlawful interference with one’s privacy includes the protection against arbitrary or unlawful interference with the right to choose and change one’s own name. For instance, if a State were to compel all foreigners to change their surnames, this would constitute interference in contravention of article 17.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Tue Apr 28, 2015 12:35 pm

LiaDoe wrote:Today I got my foreign passport back .
After all you have been caught by the unpublicised changes in the new passport guidance (or is it policy).
If you had known in advance (if the guide notes & NCS were clear about it) you could have been naturalised in your maiden name, then all your docs would already match up - and no conflict with HM PO identity policy.
I have applied for my first British passport in the middle of January and did not know about these new requirements that surname in my foreign passport must match the surname on application to the British passport .
I sent request in the March whether the HM PO will refund money for my passport application because I think the HM PO deluded me, not giving the right information and if I had been made aware or informed of these requirements, I would not have applied for a British passport and bear the financial costs of knowing that I cannot change the name on my foreign passport . And to date did not receive a reply :?
Any way I'm glad to get my foreign passport back at least I am now free again. Something is better than nothing 8)
LiaDoe,
do you mean your foreign passport has been returned - but no British passport issued?
Sorry to hear that.

Did HM PO suggest that you can apply again, this time in your maiden name?
(that's what they suggested to us, even if already naturalised in UK in a married name)
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: Passport refused - uncancelled passport in maiden name

Post by LiaDoe » Tue Apr 28, 2015 6:39 pm

LiaDoe,
do you mean your foreign passport has been returned - but no British passport issued?
Sorry to hear that.
Yes.
Did HM PO suggest that you can apply again, this time in your maiden name?
(that's what they suggested to us, even if already naturalised in UK in a married name

Yes .
Unfortunately, I can not change my name on the maiden, it is not an option for me. I have change my name more than five years ago and have been using it for many years. I have unusual circumstances, I'm caught between the laws of different countries.

noajthan
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Tue Apr 28, 2015 9:38 pm

LiaDoe wrote:
LiaDoe,
do you mean your foreign passport has been returned - but no British passport issued?
Sorry to hear that.
Yes.
Did HM PO suggest that you can apply again, this time in your maiden name?
(that's what they suggested to us, even if already naturalised in UK in a married name

Yes .
Unfortunately, I can not change my name on the maiden, it is not an option for me. I have change my name more than five years ago and have been using it for many years. I have unusual circumstances, I'm caught between the laws of different countries.


Well it's very unjust.

In our case HM PO also told me this:
If the authorities are unable to amend your name so that it is the same as on your Naturalization certificate, ... ... we will require written confirmation of this from the <foreign> authorities[/b]


Can you get such a statement to help with any appeal for your case?

And for your name, are you aware you can change your name in this country with a deed poll document?
(As far as I know you can do this at any time, no matter how long you have used your existing name).
Of course I don't know if it will suit your circumstances (I think you mentioned before that it's complicated) but it is an option.

The passport rules also state decisions must be necessary & proportionate. For you the decision does not seem to be.
The new identity guidance/policy is also described as not intended to impede or interfere with married people. For you it clearly is interfering :!:

And the human rights cases I found earlier today (see posts above) link a person's identity and their rights to privacy and private life.

You are caught because the UK rules just got changed.

There must be a way to represent this to HM PO (and the ministers who are ultimately responsible) and make a case for an exception. So that you can get a decision that is proportionate; a decision that let's you get on with your life & one fully respects your European & human rights.
I hope so anyway.
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 » Wed Apr 29, 2015 3:56 pm

Equality Now - women's rights campaign group
http://www.equalitynow.org/node/9
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 » Wed Apr 29, 2015 6:16 pm

gemgirl23 wrote:
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.
Almost there! Got my interview letter today!

I have been following this thread as like noajthan's wife I'm also a Filipina who had a change of name, not once but twice. And today I receive an interview letter & could not believe my eyes. The only issue I have though is that the passport office made a mistake on my interview letter & had the wrong house #, so I have called the booking hotline & they said they can't book my appointment just yet as HMPO needs to update their system. I left my contact # & was told that someone from HMPO will contact me ASAP. I have not receive a call yet so fingers crossed that I receive a call tomorrow.

I think that it may be too early to celebrate as I won't until I have that passport in my hand.

noajthan
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Wed Apr 29, 2015 6:39 pm

gemgirl23 wrote:
gemgirl23 wrote:
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.
Almost there! Got my interview letter today!

I have been following this thread as like noajthan's wife I'm also a Filipina who had a change of name, not once but twice. And today I receive an interview letter & could not believe my eyes. The only issue I have though is that the passport office made a mistake on my interview letter & had the wrong house #, so I have called the booking hotline & they said they can't book my appointment just yet as HMPO needs to update their system. I left my contact # & was told that someone from HMPO will contact me ASAP. I have not receive a call yet so fingers crossed that I receive a call tomorrow.

I think that it may be too early to celebrate as I won't until I have that passport in my hand.
Good to hear some encouraging news.

My daughter recently had her passport interview; she was nervous and made a few slipups but her passport was still granted.
Just be yourself - mabuhay!

We are going to embassy tomorrow to try to cancel my wife's original passport; hope it's enough to unblock what's stopping her British passport.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: Passport refused - uncancelled passport in maiden name

Post by gemgirl23 » Wed Apr 29, 2015 7:11 pm

Salamat!
& good luck with the embassy trip tomorrow.

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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Fri May 01, 2015 7:41 am

gemgirl23 wrote:Salamat!
& good luck with the embassy trip tomorrow.
Spent most of yesterday at the Philippine embassy in London.

We seemed to confuse them by asking for a 'certificate of cancellation' for my wife's passport;
"You are no longer a citizen" (of Philippines) & "Your [PH] passport is no longer valid" was the response.

This is, of course. what we've been telling HM PO all along (for the past 2 months); it's unfortunate & frustrating the UK officials just haven't accepted it.

The Philippine embassy officials appeared unaware of any new UK policy on identity:
https://www.gov.uk/government/news/crac ... -detection

There did not seem to be an official form for requesting a cancellation of passport.

Anyway, after several rounds of discussion between various officials (& a trip to a post office & Rymans), we paid £18-- for a certificate to be issued.

Documents filed at the embassy were:
  • Philippine passport;
    copy of data page of passport;
    copy of UK naturalisation certificate (emailed to them later in day; sight of original was requested but that is still held by HM PO);
    copy of report of marriage (not sure why);
    copy of marriage certificate (not sure why);
    a self-addressed Post Office special delivery envelope for return of documents & papers;
    fee: £18-- (cash);
The certificate will be processed in "one working day".
However. due to a national holiday in Philippines today (recognised by the embassy) & the May bank holiday, am not expecting anything back until end of next week.
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Fri May 01, 2015 11:14 am

From gov UK website:
https://www.gov.uk/discrimination-your- ... you-can-do
You may be eligible for legal aid to help with your legal costs if you think you’ve been discriminated against. You can get advice from Civil Legal Advice if you’re eligible.
See Civil Legal Advice:
https://www.gov.uk/check-if-civil-legal ... n-help-you
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 » Fri May 01, 2015 11:50 am

noajthan wrote:
gemgirl23 wrote:Salamat!
& good luck with the embassy trip tomorrow.
Spent most of yesterday at the Philippine embassy in London.

We seemed to confuse them by asking for a 'certificate of cancellation' for my wife's passport;
"You are no longer a citizen" (of Philippines) & "Your [PH] passport is no longer valid" was the response.

This is, of course. what we've been telling HM PO all along (for the past 2 months); it's unfortunate & frustrating the UK officials just haven't accepted it.

The Philippine embassy officials appeared unaware of any new UK policy on identity:
https://www.gov.uk/government/news/crac ... -detection

There did not seem to be an official form for requesting a cancellation of passport.

Anyway, after several rounds of discussion between various officials (& a trip to a post office & Rymans), we paid £18-- for a certificate to be issued.

Documents filed at the embassy were:
  • Philippine passport;
    copy of data page of passport;
    copy of UK naturalisation certificate (emailed to them later in day; sight of original was requested but that is still held by HM PO);
    copy of report of marriage (not sure why);
    copy of marriage certificate (not sure why);
    a self-addressed Post Office special delivery envelope for return of documents & papers;
    fee: £18-- (cash);
The certificate will be processed in "one working day".
However. due to a national holiday in Philippines today (recognised by the embassy) & the May bank holiday, am not expecting anything back until end of next week.
That seems a bit odd that they are confused/unaware of a process to cancel a Phil passport? I remember reading a few posts back that they had a few of the same requests & they are the one that sugested they can issue your wife a cancellation certificate instead. & what is with presenting the marriage certificate? I don't see the relevance of this with cancelling a passport. Anyway, I never been a big fan of any Philippines Government Offices, I'm a proud of my country but not of the Govnt. Anyway that's a topic for another forum.

I suppose it goes in my favour that I don't have a current Ph passport, all previous ones have expired, one is even lost. All that HMPO asked from me is a written statement confirming that my last passport was lost, & a few days later got the interview letter.

So, it seems it's better not having any current foreign passport at all rather than having one in a different name.

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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Fri May 01, 2015 12:14 pm

gemgirl23 wrote:
noajthan wrote:
gemgirl23 wrote:Salamat!
& good luck with the embassy trip tomorrow.
Spent most of yesterday at the Philippine embassy in London.

We seemed to confuse them by asking for a 'certificate of cancellation' for my wife's passport;
"You are no longer a citizen" (of Philippines) & "Your [PH] passport is no longer valid" was the response.

This is, of course. what we've been telling HM PO all along (for the past 2 months); it's unfortunate & frustrating the UK officials just haven't accepted it.

The Philippine embassy officials appeared unaware of any new UK policy on identity:
https://www.gov.uk/government/news/crac ... -detection

There did not seem to be an official form for requesting a cancellation of passport.

Anyway, after several rounds of discussion between various officials (& a trip to a post office & Rymans), we paid £18-- for a certificate to be issued.

Documents filed at the embassy were:
  • Philippine passport;
    copy of data page of passport;
    copy of UK naturalisation certificate (emailed to them later in day; sight of original was requested but that is still held by HM PO);
    copy of report of marriage (not sure why);
    copy of marriage certificate (not sure why);
    a self-addressed Post Office special delivery envelope for return of documents & papers;
    fee: £18-- (cash);
The certificate will be processed in "one working day".
However. due to a national holiday in Philippines today (recognised by the embassy) & the May bank holiday, am not expecting anything back until end of next week.
That seems a bit odd that they are confused/unaware of a process to cancel a Phil passport? I remember reading a few posts back that they had a few of the same requests & they are the one that sugested they can issue your wife a cancellation certificate instead. & what is with presenting the marriage certificate? I don't see the relevance of this with cancelling a passport. Anyway, I never been a big fan of any Philippines Government Offices, I'm a proud of my country but not of the Govnt. Anyway that's a topic for another forum.

I suppose it goes in my favour that I don't have a current Ph passport, all previous ones have expired, one is even lost. All that HMPO asked from me is a written statement confirming that my last passport was lost, & a few days later got the interview letter.

So, it seems it's better not having any current foreign passport at all rather than having one in a different name.
Yes it was a stressful and confusing day.
I don't know who it was at the embassy that I spoke to by phone a week or 2 ago - they are the one who gave the initial advice about going in to arrange the cancellation.

Yesterday we spoke to 2 or 3 of the desk officials and also 2 (more senior?) back office officials.
One woman had the most idea on what to do - unfortunately after we returned from the post office (with the necessary envelope & photocopies) she had gone off duty. So we had to start all over again, including having the officials find the passport we had handed in only an hour or so earlier.
So, it seems it's better not having any current foreign passport at all rather than having one in a different name
Agreed, the fact you don't hold a current passport in another name has definitely helped you move forwards with HM PO. Otherwise you'd probably be in same position that we are.

Ironically, the one thing everyone at the embassy yesterday did agree on & confirm is that my wife is no longer a Philippine citizen anymore; that citizenship was lost on the day she was naturalised in the UK.
And her Philippine passport is already not valid either, also from that date, (even before being snipped or punched).

Hopefully whatever certificate we do receive will be enough to convince HM PO this time.
Last edited by noajthan on Fri May 01, 2015 12:39 pm, edited 2 times in total.
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ouflak1
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Re: Passport refused - uncancelled passport in maiden name

Post by ouflak1 » Fri May 01, 2015 12:20 pm

noajthan wrote: The Philippine embassy officials appeared unaware of any new UK policy on identity:
https://www.gov.uk/government/news/crac ... -detection
This doesn't surprise me. It's not really any of the Phillipine's business what UK passport policy is like. And I rather doubt the policy was specifically aimed at them.

Good luck with the certificate/letter/affirmation/whatever it is you get. I hope it's enough to allow you have the same right as other UK citizens enjoy; to travel outside of the UK as husband and wife using a UK passport.

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Re: Passport refused - uncancelled passport in maiden name

Post by Maryam1985 » Fri May 01, 2015 1:14 pm

Hello,

I also am going through the same issue with HM Passport. My Naturalization Certificate is under my married surname while my iranian passport is under my Maiden name. I was just wondering if anyone has managed to convince Passport office that what we are requesting is completely legal and we are not making false claim?

I have been calling both HMPO and Home office, answers I have been given:

HMPO: It is their policy as of today and they cannot make any comment on the fact that how other people (my own friend, similar situation , 2 weeks a go) have previously managed o get it. They went to the extent that they said she might not have sent her Iranian passport! somehow they forgot it is one of the documents needed to be sent! so she has sent it.
hey also advised if I can relinquish my nationality, I honestly do not see why I should be doing so, I have the right to keep both nationalities as long as both countries accept dual citizenship. They suggested to change my Iranian passport to my married name, I explained to them that this is not possible, specially with the concept of changing a surname to a foreign one! I asked the Iranian embassy if they can issue a letter saying that, they said this is not within their scope of work and they ar enot allowed to issue anything like that.

Then HMPO advised to re apply with my maiden name, but they do not accept the naturalization certificate because it is under my married surname. So I contacted HO:
HO: How can this be even possible that they do not accept the surname written on the Naturalisation Certificate? This is a unique case! when I explained it is really not unique and others are going through, the guy said they must have a policy which they have not shared it with us. He said in principle Naturalisation Certificate cannot be changed or amended! He said he will get someone from back office to call me to advise!

So, I am really stuck here, don't know which way I should be going forward. Has anyone managed to get to the bottom of this issue?

noajthan
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Fri May 01, 2015 1:59 pm

Maryam1985 wrote:Hello,

I also am going through the same issue with HM Passport. My Naturalization Certificate is under my married surname while my Iranian passport is under my Maiden name. I was just wondering if anyone has managed to convince Passport office that what we are requesting is completely legal and we are not making false claim?

I have been calling both HMPO and Home office, answers I have been given:

HMPO: It is their policy as of today and they cannot make any comment on the fact that how other people (my own friend, similar situation, 2 weeks ago) have previously managed to get it. They went to the extent that they said she might not have sent her Iranian passport! somehow they forgot it is one of the documents needed to be sent! so she has sent it.
they also advised if I can relinquish my nationality, I honestly do not see why I should be doing so, I have the right to keep both nationalities as long as both countries accept dual citizenship. They suggested to change my Iranian passport to my married name, I explained to them that this is not possible, specially with the concept of changing a surname to a foreign one! I asked the Iranian embassy if they can issue a letter saying that, they said this is not within their scope of work and they are not allowed to issue anything like that.

Then HMPO advised to re apply with my maiden name, but they do not accept the naturalization certificate because it is under my married surname. So I contacted HO:

HO: How can this be even possible that they do not accept the surname written on the Naturalisation Certificate? This is a unique case! when I explained it is really not unique and others are going through, the guy said they must have a policy which they have not shared it with us. He said in principle Naturalisation Certificate cannot be changed or amended! He said he will get someone from back office to call me to advise!

So, I am really stuck here, don't know which way I should be going forward. Has anyone managed to get to the bottom of this issue?
Maryam1985,
sorry to hear this has caught you too.
This has come about due to a recent & poorly-publicised guidance (or policy) on identities that is apparently intended to crackdown on criminals, terrorists etc.

New policy
HM PO launched this in February 2015 & have caught normal law-abiding people out with it since the beginning of the year; (specifically married ladies who have been naturalised in UK in their married name but whose previous docs, passports, visas etc are in their maiden name).

Lack of guidance
At the moment even the HM PO guidance notes don't mention this policy & the Post Office NCS are also unaware.
So, without clear & up to date guidance, people are applying & sending in their naturalisation certificate (in married name) and current foreign passport (in maiden name) & then getting stuck in a horrible catch-22.

Due to the lack of publicity & without advance warning people are not fully-informed; so, in a sense, some are getting naturalised as a UK citizen in their 'wrong' name.

My wife is Filipino, we think we can cancel her Philippine passport so that the 'second identity' problem will go away & unblock the release of a British passport.
Others, (including from Russia, India, yourself from Iran), are from countries who do not permit such changes to documents &/or to names and so they are caught with no clear resolution.

HM PO position
As you have found, so far in these cases HM PO simply say revoke your other citizenship (or your other passport), or else change all such documents to a married name. The trouble is some countries cannot or will not do this.

Unintended consequences - flawed & discriminatory policy
In my view, this new policy goes against centuries of English common law on use of names;
as you have noted, it seems to contradict UK naturalisation policy managed by the Home Office;
it contradicts other published UK policies (available on gov UK website) on dual citizenship & use of maiden names;
it seems to contravene various European & human rights too - including the right as EU citizens to free movement, to family life, and to non-interference in private life;
it's discriminatory on grounds of gender & marital status as it puts (some) married women at a disadvantage - unless the government can justify this it is surely illegal;
a stated aim of the new policy is not to impact law-abiding people making legitimate name changes - but it is doing just that :!:

It's clearly not been thought through & is also incompatible with a whole lot of other countries policies :!:
Unfortunately we are the guinea pigs or lab rats in this situation.

The usual grounds for refusal of a British passport seem to relate to criminals & terroists, not respectable married ladies:
https://www.gov.uk/government/speeches/ ... -passports

What can be done :?:

The declaration on the passport application form is quite clear about submitting complete information & all necessary supporting documents.
Hiding other current passports is not an option.
Losing passports is a grey area.

Use of maiden name

HM PO did present my wife with the option of re-applying for a passport in her maiden name if she committed to using it "for all purposes" (even though she was naturalised in her married name).
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.
That option seems to be a possible way ahead in your case too (as you can't make changes via your other citizenship).
Suggest following up on this with HM PO.

You should be able to go back to your maiden name as you will have a marriage certificate to show the link from the name on your naturalisation certificate back to your maiden name.
There's even guidance on gov UK website about reverting to a maiden name:
https://www.gov.uk/changing-passport-in ... aiden-name
(obviously the decree absolute doesn't apply here)

Otherwise suggest finding out if HM PO would really insist on needing a Deed Poll document to support reverting back to a maiden name.

All I can suggest is get everything from HM PO in writing. All their decisions have to be necessary & proportionate as the UK gov website says:
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.
Make the point you have been caught by the recent policy change. This includes the lack of up to date guidance in the passport guide notes & on the passport website; (also a lack of awareness & guidance from NCS, if you used them).

Further help
There is ofcourse the 4-stage official complaints procedure that is outlined in the passport guide.

Enlist further help, for example, from local CAB, a local law centre or an immigration lawyer.

I've also posted several links to various other possible sources of help earlier in this thread;
(including various campaign groups, migrants groups, womens groups, even some government agencies, and the media).
For example, EASS: https://www.equalityadvisoryservice.com/app/home

The ministers who brought in these policies (Home Secretary T May & minister J Brokenshire)
(https://www.gov.uk/government/news/crac ... -detection)
should get to hear about their impact. Maybe MPs or MEPs can help here too.

Right of Abode
As a last resort and instead of a British passport, it's possible to apply to have a Right Of Abode sticker put in a foreign passport. It proves the right of a UK citizen (who is also a dual citizen) to live in UK. But it's not ideal and it doesn't convey the benefits of holding a British passport.

Don't give up & very best of luck.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
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Re: Passport refused - uncancelled passport in maiden name

Post by noajthan » Sat May 02, 2015 4:53 pm

A British passport is said to be a privilege not a right.
British passports are issued by the powers of Royal Prerogative (via the Home Secretary) and this is not governed by statute law.
(It is a form of government by fiat or order).

See
https://www.gov.uk/government/uploads/s ... gative.pdf
&
see also details of passports removed or refused using the Royal Prerogative from April 2013 to October 2014:
https://www.gov.uk/government/publicati ... tober-2014

This power can still be subject to judicial review as determined by a landmark case in 1989, Regina -v- Foreign Secretary ex parte Everett:
http://swarb.co.uk/regina-v-foreign-sec ... tt-ca-1989
...the grant or refusal of a passport is in a quite different category. It is a matter of administrative decision affecting the right of individuals and their freedom of travel
As explained here all UK citizens have a separate and common law right to travel freely:
http://ukconstitutionallaw.org/2014/10/ ... lex-issues
...a common law right or freedom that is also embodied in Article 12(4) of the ICCPR, which states: “Everyone shall be free to leave any country, including his own
Takeaway:
The UK courts do hold the right to review the granting of passports to, and the withholding of passports from, British citizens.
There is the possibility to have this recent HM PO identity policy or guidance subjected to judicial review.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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