Passport refused - uncancelled passport in maiden name

[noajthan]

Thank you everyone for contributing your experience and advice in this thread, especially noajthan. My wife received her approval this morning!

We changed her Canadian passport into married name, then immediately applied for naturalisation (did not update the BRP first). Went through fine in two and a half months. Approval letter is in married name, so certificate should be too (waiting on council to write with a ceremony date).

Congratulations.

As the BRP will be invalidated on day of ceremony you had no need to tinker with that so it was a sound move to have avoided that expense.
Sounds like a textbook procedure is being followed - just how HMPO (should) like it.

[Mashec]

Hello everybody,

I've faced the same situation a while ago and I've been advised on this forum to make a statutory declaration to state that I don't use my married name anymore and change all my docs to my maiden name. In this case I don't need to amend certificate of naturalisation. I called passport office hotline to ask if it is truth and I've been told no, you need to change name on your certificate of naturalisation as well. I wrote a letter addressed to my case worker asking if statutory declaration and evidences of me using my maiden name for all purposes is enough to re-apply for British passport in my maiden name and sent printed documents from the link from their website about it: https://www.gov.uk/changing-passport-in ... -documents
I received an answer saying that it is nothing to do with holders of foreign passports which doesn't make any sense for me as my foreign passport has my maiden name.
After that I called Home Office hotline and asked them if i can amend my name in the certificate of naturalisation if I do statutory declaration. A guy on the phone told me yes, you just need to pay a fee for dublicate and it takes up to 10 weeks. So, I did statutory declaration, changed all my documents to maiden name and sent it to Home Office in Liverpool.

After 10 weeks of waiting I called to Home Office and was told that they would call me within 3-5 working days. They said they would do 3 attempts and if I wouldn't take a phone they would leave a voice message. They tried to call me 2 times when I had a meeting at work and that's it. No third call, no voice message. I called them back after 5 working days and they told me they would call again within 3-5 working days. Eventually I recieved phone call this Wendesday and a woman said that she can't find my documents. Then she said she found it but they put a wrong date of birth into the system Then she said that my documents appeared in the system only on the 12 of June (which is 11 weeks from the date they received it). I asked her if I understand right that during these 11 weeks no one had a look at my documents??? She said smth like "well, we are trying to process all cases within 10 weeks but some cases take longer". I told her that we are not speaking about procession here, we are speaking about the fact that nobody looked at my case for 11 weeks! She said well, this also takes time sometimes. I asked her if there are any problems there? She said no.
Same day I came back from work and found a package from Home Office with all my documents and a letter from 12 of June saying that they can't change my name on the certificate of naturalisation because at the time they did the decision to write my married name in it the information was correct. Needless to say how furious I was... The only question now is what case they had opened in the system on the 12th of June than?

What I am thinking now is that the guy from this forum gave a right advise and you can reapply for British passport without changing certificate of naturalisation. I am going to do it and see what the outcome will be. I defo won't contact any hotlines anymore as my practice has already showed me people there have no clue what they are talking about.

If they will refuse again I would like to go to speak to a lawyer as I don;t think it would be a legal decision. The way I look at it certificate of naturalisation is a document similar to birth certificate. When you reach an age of 18 you have a right to change your name on your own will. You don;t change it in your birth certificate but you do deed poll or statutory declaration about it and change all your documents using this paper. So, if passport office would refuse to accept change of my name based on my statutory declaration they basically ignore statutory declaration as a legal document. That's the reason why I would like to speak with a lawyer in case they decline my application again.

So, my question is has anybody contacted a lawyer about this issue? If yes what type of lawyer it is? I beileve my immigration process is completed now, so I don't think I need immigration lawyer. I need somebody who can deal with passport office and I don't know what type of law it is. Civil law or smth?

[noajthan]

Hello everybody,

If they will refuse again I would like to go to speak to a lawyer as I don;t think it would be a legal decision. The way I look at it certificate of naturalisation is a document similar to birth certificate. When you reach an age of 18 you have a right to change your name on your own will. You don;t change it in your birth certificate but you do deed poll or statutory declaration about it and change all your documents using this paper. So, if passport office would refuse to accept change of my name based on my statutory declaration they basically ignore statutory declaration as a legal document. That's the reason why I would like to speak with a lawyer in case they decline my application again.

So, my question is has anybody contacted a lawyer about this issue? If yes what type of lawyer it is? I beileve my immigration process is completed now, so I don't think I need immigration lawyer. I need somebody who can deal with passport office and I don't know what type of law it is. Civil law or smth?

Very frustrating.

Agreed, a certificate of naturalisation is a record of an event just like birth or adoption and isn't changed just because a name changes.
The problem will be your foreign passport.

If this is correct you need to solve this:

Embassy refused to give me letter to prove it, they said Passport Office needs to make official request to them then they will give them information. I told it to Passport Office but they said no, they won't do any requests. So its like a circle.

Can you try again (by phone and letter) to persuade a caseworker to write to the embassy?
Try to involve your MP too, see if s/he will support you and apply pressure..

Alternately if this is correct it seems you may be able to change your home country passport:
http://www.immigrationboards.com/britis ... l#p1309781

Unfortunately you have learned the hard way not to rely on phone advice.
If dealing with HO or HMPO you have to insist on any instructions or 'advice' on next steps to be given in writing.
Forget the helpline.
It won't cause more much delay as, once you're stuck like this, its going to take ages to sort out anyway.

The complication around fighting HMPO on this is that (to my simple understanding) there is no legislation on issuing of passports.
Its done by Royal Prerogative, a gift of the Queen (delegated through faceless officials obviously).
So there is no 'law' to contest.

[Mashec]

Hello everybody,

If they will refuse again I would like to go to speak to a lawyer as I don;t think it would be a legal decision. The way I look at it certificate of naturalisation is a document similar to birth certificate. When you reach an age of 18 you have a right to change your name on your own will. You don;t change it in your birth certificate but you do deed poll or statutory declaration about it and change all your documents using this paper. So, if passport office would refuse to accept change of my name based on my statutory declaration they basically ignore statutory declaration as a legal document. That's the reason why I would like to speak with a lawyer in case they decline my application again.

So, my question is has anybody contacted a lawyer about this issue? If yes what type of lawyer it is? I beileve my immigration process is completed now, so I don't think I need immigration lawyer. I need somebody who can deal with passport office and I don't know what type of law it is. Civil law or smth?

Very frustrating.

Agreed, a certificate of naturalisation is a record of an event just like birth or adoption and isn't changed just because a name changes.
The problem will be your foreign passport.

If this is correct you need to solve this:

Embassy refused to give me letter to prove it, they said Passport Office needs to make official request to them then they will give them information. I told it to Passport Office but they said no, they won't do any requests. So its like a circle.

Can you try agian (by phone and letter) to persuade a caseworker to write to the embassy?
Try to involve your MP too, see if s/he will support you and apply pressure..

Alternately if this is correct it seems you may be able to change your home country passport:
http://www.immigrationboards.com/britis ... l#p1309781

Unfortunately you have learned the hard way not to rely on phone advice.
If dealing with HO or HMPO you have to insist on any instructions or 'advice' on next steps to be given in writing.
Forget the helpline.
It won't cause more much delay as, once you're stuck like this, its going to take ages to sort out anyway.

The complication around fighting HMPO on this is that (to my simple understanding) there is no legislation on issuing of passports.
Its done by Royal Prerogative, a gift of the Queen (delegated through faceless officials obviously).
So there is no 'law' to contest.

Why should it be a problem if my foreign passport has the same name as all other documents and statutory declaration? Everything will be in a line with "one name policy", won't it?

Anyway, I will reapply and see how it goes I just would like to speak to a lawyer in case of being refused again

[noajthan]

Why should it be a problem if my foreign passport has the same name as all other documents and statutory declaration? Everything will be in a line with "one name policy", won't it?

Anyway, I will reapply and see how it goes I just would like to speak to a lawyer in case of being refused again

That's the experiment you are in the middle of.
If HMPO didn't see two identities somewhere you wouldn't have a problem.
When they don't see two identities you should get your passport.

[Mashec]

Why should it be a problem if my foreign passport has the same name as all other documents and statutory declaration? Everything will be in a line with "one name policy", won't it?

Anyway, I will reapply and see how it goes I just would like to speak to a lawyer in case of being refused again

That's the experiment you are in the middle of.
If HMPO didn't see two identities somewhere you wouldn't have a problem.
When they don't see two identities you should get your passport.

Hopefully, it is going to be successful experiment I will keep you updated

If anybody has spoken with a lawyer about similar issue, please, let me know what type of lawyer it is!

[jmmo20]

Would small changes in name apply to this rule?
Once I obtain my naturalisation I would like to translate my name to English (Enrique => Henry) and fuse my two Spanish surnames into a double-barrelled hyphenated surname.

So my Spanish Passport would show

Enrique Lopez Lopez

while I would like my British one to show Henry Lopez-Lopez.
I have actually been using that name for a while (bank statement, utilities..).

I don't mind if I have a note in my passport with my full Spanish legal name.. I just want my UK passport to reflect the name I Have actually been using in the UK for the past 10-15 yeast. (And obviously I'm not giving up my Spanish EU passport..)

[Mashec]

OMG! OMG! OMG! I think it worked! I received letter asking to book an interview!
They received documents on the 1st of July (got text message) and the letter is dated 6th of July, so it didn't take them long!

JohnnyZee, you were totally right! Can't believe what a circle of non sense they've built up! Hope interview process will go smoothly

[Mashec]

Hi, all.

I am hoping for some positive experiences with getting passport in married name...

We're a family of 5. 4 of us got our passport (children and myself), however, my wife has an uncancelled Serbian passport in here maiden name. (We both have another citizenship that's in her married name) We've been married for 20 years, outside Serbia, she's only ever been known under her married name, which hasn't been a problem until she needs to get her UK passport.

As everybody knows, this effectively means that although she still has two passports, she can't travel anywhere, as she's got no way of coming back - no more BRPs.

After getting the letter advising her to change her Serbian passport (we've been trying to for over 10 years, they need an apostille, which we can't get from where we got married), and calling the advice line, the dude told me the solution is very simple "just renounce your Serbian citizenship". The cheek! It might look simple to someone who's never left Yorkshire or wherever he's sitting, but it is not that simple. First, my wife's got inherited property there, which she'd have to give up. Second, after talking to the embassy, we learned that even giving up on citizenship would take a couple of years and cost at least £300.

So, after reading all this in this thread, we built a dossier - about 20 years of history of my wife using her married name in several countries, and for the past 7 years in the UK, all started off with a very nice letter to the case worker explaining all these difficulties, and pleading for help, helpfully suggesting they put the observation in the passport.

It's now been three weeks. I called last week, they said they're trying to find a solution and the case was with the policy team, please call back next week. Sounded positive!

Today, exactly seven days later, I call, and a not very friendly lady informs me that nothing's changed, because, you know, it's been a bank holiday in the UK. Now, I know I have an accent, but this assumption that because I have an accent, I do not understand that there's been a day's holiday.... Urggghhh! I can't afford to mention that the bank holiday's only one day, and we are talking three weeks later, as I'll probably just destroy our chances....

I am sick of being treated like a sub-human being, and can't wait to have all the passports. Meanwhile, cost of plane tickets for the summer keeps going up.

Anyway, this is just to get it back to actual cases and to vent a bit.

Hello tabooze,

I can understand your feelings. If your wife's passport will be refused I can advice you to do what I have been advised which is to make deed poll saying that she is willing to use her maiden name in all purposes and then change all UK docs she has from her married name to her maiden name. Then reapply for passport and send all the evidences that she doesn't use her married name anymore.

I actually had to send all my documents back to Home Office and ask them to change my name from married to maiden name on the certificate of naturalisation. I called Home Office hot line to double check if they would do it for me if i would give them deed poll or statutory declaration and they said yes. it would cost same fee as for getting doublicate and would take 10 weeks. In fact, i received all my docs back in 12 weeks and a letter saying that they can't change my certificate of naturalisation becuase at the time they issued it the information was correct.

So, when I reapplied for my passport I also send my certificate of naturalisation with my married name on it and the letter from Home Office as an evidence that I have actually informed Home Office that I don't use my married name anymore. I haven';t got my passport yet but I received a letter saying that I need to book an interview which is a very positive sign

I've been told on this forum that I didn't even need to send my docs back to Home Office, I could just do deed poll, change all my British docs and reapply for passport. Unfortunately, I decided to double check this information with employers of Passport Office and Home Office hotlines and wasted 12 weeks of my life. However, I don't know if the letter from Home office played any part in this process.So, don't know if it is necessary or not.

When I reapplied for the passport, I put my maiden name as my current name and my married name as my previous name. My case worker promised me that if I manage to fix my docs within 6 months they wouldn't charge me second fee which eventually they did! But in whole picture of everything they have done this is just a drop in the ocean.

Apart of that I totally agree with you. I don't understand why instead of giving you two options of what you can do to fix the situation they just push you to keep your married name or renounce your first citizenship.

[chicagobulls2009]

hi...may i know what happened on this thread? ...did HO ammend Bcertificate to allow apply of Brit passport? ..thank u

[noajthan]

hi...may i know what happened on this thread? ...did HO ammend Bcertificate to allow apply of Brit passport? ..thank u

There are many stories and many outcomes within this thread.
Which case do you refer to?

And what is Bcertificate? A 'birth certificate' is a record of an event and, in UK, is never normally changed after the event (of birth).

[Mashec]

I got my passport today! I can't believe it! I had interview last Friday and passport arrived today! no sms, nothing
Thank you everybody here for your support and help! I really believe I got my passport today only thanks to advice I've received here and God knows what would be happening if I listen to passport office
I wish everybody good luck and hope all cases will be solved very soon!

[noajthan]

I got my passport today! I can't believe it! I had interview last Friday and passport arrived today! no sms, nothing
Thank you everybody here for your support and help! I really believe I got my passport today only thanks to advice I've received here and God knows what would be happening if I listen to passport office
I wish everybody good luck and hope all cases will be solved very soon!

Wonderful news. Enjoy your travels under the protection of Her Britannic Majesty.

[ilya01]

It was very entertaining to read this thread, but in the end, there seems to be no good and universal solution to the problem we all face. Passport Office can make up whatever rules it deems "rational", and refuse our passport applications based on them. On some occasions, even applicants who had held British passports, and who had renewed these on a number of occasions for a number of years, are suddenly being rejected by HM Passport Office claiming that previous passports were granted "in error".

Shouldn't it be a right of every citizen, and not a privilege, to have a passport? I think, every reasonable person would agree with that. Is there any way to make it a law? I know it sounds a bit naive, but in the end of the day, we live in a democratic society, don't we?

[noajthan]

It was very entertaining to read this thread, but in the end, there seems to be no good and universal solution to the problem we all face. Passport Office can make up whatever rules it deems "rational", and refuse our passport applications based on them. On some occasions, even applicants who had held British passports, and who had renewed these on a number of occasions for a number of years, are suddenly being rejected by HM Passport Office claiming that previous passports were granted "in error".

Shouldn't it be a right of every citizen, and not a privilege, to have a passport? I think, every reasonable person would agree with that. Is there any way to make it a law? I know it sounds a bit naive, but in the end of the day, we live in a democratic society, don't we?

British passports (even just one each) are not a right.
And they are not issued by a straightforward law but by Royal Prerogative (now delegated down to ministers and faceless officials in HMPO).

There is case law to support the position that HMPO cannot arbitarily revoke a passport without cause, having previously processed an application and issued a chain of passports.
I know there's been a recent spate of EEA revocations as a consequence of HMPO incompetence or negligence; I guess it needs a well-heeled Union citizen to have their day in court and fight their corner on that one.

As to whether this Westphalian paradigm nation state is a democracy is probably 'one for the pub' (and, before anyone replies, it's not for this topic).

[lunatfr]

So what is the latest on the issue?

Did anyone manage to get the British Passport, while having old passport in maiden name? I am in a similar situation. Just done with my oath yesterday and wanted to check option before applying for passport.

Many thanks in advance.

[noajthan]

So what is the latest on the issue?

Did anyone manage to get the British Passport, while having old passport in maiden name? I am in a similar situation. Just done with my oath yesterday and wanted to check option before applying for passport.

Many thanks in advance.

Several.
In my wife's case she cancelled that passport.

There have been other members with other solutions (eg passport observation note) - as you will see from the long-running topic.

[lunatfr]

Okay, may I ask what country was the previous passport. I have got Indian passport and think they ask for copy of British passport when surrendering the old.

[noajthan]

Okay, may I ask what country was the previous passport. I have got Indian passport and think they ask for copy of British passport when surrendering the old.

Not Indian. Philippines.

[lunatfr]

Thanks for your reply noajthan.

Has anyone in here had their indian passport cancelled before getting british passport?
Or Got british passport in current name before cancelling Indian passport in maiden name?

Thanks

[Chinho2k]

I have been in a correspondence ping pong with HMPO for 2 months now. Basically my wife has an expired passport in her maiden name, expired 2003, and since then all her documents have been in her married name. She has travelled twice on Temporary Travel documents issued by the Zimbabwean embassy in London in her married name from UK to Zimbabwe and back without a problem. Naturalisation certificate is in her married name, in fact, apart from an old expire passport, there is no indication that she ever used any other name. On applying for her first adult passport after naturalisation HMPO have declined the application stating she must provide a current passport in her married name or a letter from Zimbabwean authorities declaring her name change. Now the problem is Zimbabwe has a new constitution which seems to allow for dual citizenship but being the dictatorship that it is, authorities have not enacted that change so in effect, asking the authorities to write a letter to HMPO may leave her with all sorts of legal problems which goes against guidance issued by the International and Immigration Policy Group on 16 August 2016 https://www.gov.uk/government/uploads/s ... 060916.pdf
I have pointed out to HMPO that they are in fact in possession of original but expired Temporary Travel documents which prove her name has been changed but they are insisting on a current passport which I thought was not a prerequsite. My most recent communication to them was me asking them to either challenge the authenticity of the travel documents provided or accept them as proof as they have been used for travel and stamped on entry and exit to both Zimbabwe and the UK.
Please don't suggest getting a new Zimbabwean passport or letter from the Zimbabwean embassy. ......already tried.
Frustrated, any pointers anyone?

[vinny]

Wait for their response. Hope that common sense prevails.

[noajthan]

Good news indeed - policy update:
http://www.immigrationboards.com/britis ... 16754.html

[Chinho2k]

Thank you for the link, if you notice, I quoted the sane guidance to HMPO who are refusing to process my wife's application even though her name change is supported by Temporary travel documents in her married name issued by the Zimbabwean government, instead demanding that she produce a current Zimbabwean passport in her married name clearly in contrast with the policy document!!

[instant_goldfish]

Hi. I'm not married but my problem is kind of related. I changed my forename by deed poll a few years ago because I didn't know about this rule, and now my "British name" doesn't match the one in the passport I travelled here with. Is it simply a matter of doing the deed poll process backwards and sending HMPO the latest deed poll with my passport application?

Additionally, my only passport is from a country that doesn't even exist anymore (Yugoslavia for anyone curious), so is there a chance that counts as cancelled and I don't need to do this? I could definitely argue that having an old Yugoslav passport is not proof of eligibility of citizenship for any of its successor states.