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British Passport application after Name Change through Marriage

Posted: Mon Apr 23, 2018 7:06 am
by JohnathonTaylor
Hi All,

I have read a number of previous posts on the subject of name change and British passport application but was hoping for some help and advice in my particular circumstance.

My wife is from South Africa and has become a British citizen via naturalisation. We are in the process of applying for her British passport and have been informed that we must align the names on her old (now expired) South African passport to the name on the new British passport before the passport office can progress the application.

The names are different due to our marriage. We have a legalised copy of our marriage certificate.

I was really wondering a couple of things:

1) If my wife would actually be able to apply for a SA passport in her married name now she has British citizenship (I seem to recall reading some years ago that she may have had to apply for dual citizenship before becoming a British citizen) ?

2) Would it be better to cancel her SA citizenship (which she is more than happy to do) and get some form of letter confirming this?

I have tried to read through the guidance on the SA high commission website and I am struggling to understand the exact process to follow.

Renunciation of SA Citizenship has a very worrying statement on the website saying that it will be over a year to complete that process.

Any help would be appreciated.

Thanks
John

Re: British Passport application after Name Change through Marriage

Posted: Tue Apr 24, 2018 1:03 pm
by CR001
1) If my wife would actually be able to apply for a SA passport in her married name now she has British citizenship (I seem to recall reading some years ago that she may have had to apply for dual citizenship before becoming a British citizen) ?
To avoid lengthy delays, she should apply for a British passport in her maiden name. Later on do a Deed Poll to change her name and then reapply for a British passport. If your wife DID NOT apply to the SA Embassy for permission to retain her SA citizenship BEFORE applying to naturalise as British, then she has automatically LOST her SA citizenship on the date she attended her ceremony to become British so would be unable to apply for a SA passport as she is no longer a citizen.
2) Would it be better to cancel her SA citizenship (which she is more than happy to do) and get some form of letter confirming this?
She has already automatically lost her SA citizenship as a 'voluntary and formal act which in terms of Section 6(1)(a) of the South African Citizenship Act (Act No 88 of 1995), resulted in the automatic loss of SA citizenship with consequent ineligibility for further SA Passport facilities from the date of Naturalisation' and additionally 'In terms of section 13(3)(a)(i) of the said Act, you may only apply for the resumption of your South African citizenship upon returning permanently to the Republic for continuous period of 12 months'. - quoted from my letter from the SA Embassy when I applied for the letter to get permission to travel to the Republic on my British passport. My SA Passport and Identity Book was stamped cancelled and clipped. I have also been taken off the population register and issued with a Non-SA Identity Number. The letter does however state that as I was born in SA, I have the right to permanent residence there. When I travel, I have to present my letter to immigration in SA on entering and exiting the Republic.
Renunciation of SA Citizenship has a very worrying statement on the website saying that it will be over a year to complete that process.
She has nothing to renounce as she has lost it automatically already.

Re: British Passport application after Name Change through Marriage

Posted: Tue Apr 24, 2018 2:31 pm
by JohnathonTaylor
After reading more and more it appears that our only option is to get some form of confirmation that my wife’s REA citizenship has automatically been cancelled.

We can’t go down the deed poll route as her naturalisation certificate is in her married name.

Looks like a trip to the SA high commission to try and get a letter to confim the cancellation.

There seems to be a form to complete “South African citizenship determination application”. Which is slightly diffident from the full renunciation process.

All seems very hard work to prove something that technically is already done by default

Re: British Passport application after Name Change through Marriage

Posted: Tue Apr 24, 2018 3:18 pm
by CR001
After reading more and more it appears that our only option is to get some form of confirmation that my wife’s REA citizenship has automatically been cancelled.
You don't need 'confirmation' of this for a British passport application.
We can’t go down the deed poll route as her naturalisation certificate is in her married name.
I meant do a deed poll AFTER she has already received her British Passport in her Maiden name. i.e. apply for a second passport with change of name.
Looks like a trip to the SA high commission to try and get a letter to confim the cancellation.
The letter is issued free of charge and can be done while you wait, mine took a couple of hours. I only went to get my letter 4 years AFTER I become British. It is not mandatory.
There seems to be a form to complete “South African citizenship determination application”. Which is slightly diffident from the full renunciation process.
All seems very hard work to prove something that technically is already done by default
It isn't. You are perhaps overthinking this. The SA letter has NOTHING to do with a British passport application. Her loss of SA citizenship also has nothing to do with a British passport application.