Can HMPO force to change name?

[imran22]

Hello Members,
I am creating a thread out of another member’s experience with HMPO (Passport office). See exerts below. Can HMPO do this? I am in the same boat and what should I reply with if I receive a similar call. Is it based on some law or just one case worker’s preference?

by SgtBellPepper » Tue Jan 14, 2014 1:43 pm
I discussed the long saga previously on this thread.

Long story short, we originally applied under my wife's maiden name (which is what her spousal visa, ILR, and naturalisation applications are under and approved!) and they didn't like that. So we had to submit a new application form, photographs and her marriage certificate under her married name.

All sorted now. Passport received. We are happy and just waiting for the marriage certificate to be returned.

by SgtBellPepper » Tue Jan 14, 2014 4:11 pm
Pretty much.

They effectively said, without the changes, they can't approve the passport.

I mean to be fair she probably would have changed it eventually anyway, but it just created unnecessary delay and hassle.

Thanks.

[Just Wondering]

See page 8 http://www.direct.gov.uk/prod_consum_dg ... 184487.pdf Your passport application must be in your legal name so if you're married then it's under your married name. If you so wish to continue using your maiden name then it needs to be declared in Section 8 and a note is entered.

Contrast this to the AN application for citizenship where you declare the name you wish to appear on the British Citizen certificate (question 1.5 - 1.6) and declare the name on your passport - which could be a maiden name if obtained before marriage. If the passport and 1.5-1.6 are different then an explanation needs to be given. Also, in applying, you also submit your marriage certificate if relevant.

[imran22]

Thanks for response

Since we got married my wife has same name every where which is same as birth name. This include Marriage certificate, passports, all visas, ILR and citizenship certificate. She has never used my surname anywhere. This was acceptable to UKBA till now. Do you think now it could be an issue for the passport?

I really don't want to change her name just for getting the passport? Do I have any option? If they decline will they ask me to pay the fee again?

[Just Wondering]

If your wife did not use your surname after you were married (i.e. she retained her maiden name for every purpose - personal and professional) then I do not see it as an issue. Her surname does not automatically change at marriage. However, if a woman chooses to take her husband's surname then a marriage certificate is proof that she can go by that name. With the other poster, he mentioned that there was an intention to start using his name.

If you use Check & Send and the application is rejected, you get the Check and Send fee back (approx 9GBP). The rest of the fee is forfeited. If you don't use Check & Send and the application is rejected, you do not get a refund on the fee.

The Passport Adviceline is: 0300 222 0000

[imran22]

Thanks again for your reply

That has given me little bit relief but as you mentioned in the case we are discussing there was an intention to change the name but it seems that this intention was not specified anywhere so how come passport office can question the intention. You wouldn’t know the answer to this but I am just writing what I am thinking. I hope the person can post here and tell us the full story.

So suppose my wife gets the same call can she say that by law I am not required to change my name on getting married and I do not want to change my name and all my documents are in my maiden name and my intention is to keep it that way? Will that be enough?

[ban.s]

without knowing the full story can't comment. Name change is a personal choice. There is no legal requirement to change the name after marriage and HMPO can't /will not force unless they find evidence that the name has already been changed (e.g. in bank or tax records).

[imran22]

Hello members

I thought I should update this post. I got my wife's passport without any problems and she does not had to change her name to use my surname.

Our journey is now complete. Best of luck to all who are waiting and thank you for all the support from all the members especially the moderators. I actually mean this but it is hard to put feelings to the words. Also this forum has saved me money to go to solicitors which again is your luck whether you find a good one or not.

Over and out