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Change of Last (Family) Name post Marriage and ILR application

Posted: Mon Mar 13, 2023 11:40 am
by rajn123
Hello

My wife currently holds a Tier 2 (Skilled worker) dependent visa and has completed 5 years, so eligible for ILR.
All her documents are on Maiden family name. We now want to update her Indian passport with souse Family name before applying for ILR.
In normal circumstances, the approach would have been to

1. Update Indian Passport with New Family Name
2. Apply for Change of circumstances (ToC) for new BRP to update Family name

Once we update her Indian Passport with new family name. Given that we are due for ILR, I wanted to check if I can avoid doing the application for Change of circumstances and apply directly for ILR with New Family Name and notify home office of update to Family Name with this ILR application?

Any suggestions would be helpful.

Regards
Raj

Re: Change of Last (Family) Name post Marriage and ILR application

Posted: Mon Mar 13, 2023 12:00 pm
by zimba
Either the maiden name or the married name can be used. There is no need to apply for any changes. Just apply for ILR with the new name

Re: Change of Last (Family) Name post Marriage and ILR application

Posted: Mon Mar 13, 2023 12:54 pm
by rajn123
Thanks Zimba for a quick response. This is quite encouraging to know.

Can you please point me to the rules or guidance that I can go through in details to ensure I am covering all the angles in specific to our case?

Regards
Raj

Re: Change of Last (Family) Name post Marriage and ILR application

Posted: Mon Mar 13, 2023 3:25 pm
by zimba
There are no specific rules. In the UK, you may legally use either name without a deed poll. Using the same name as your passport should be perfectly fine which is going to be in this case. This is even better as will make thing easier if you decide to apply for UK citizenship and passport later

Re: Change of Last (Family) Name post Marriage and ILR application

Posted: Mon Mar 13, 2023 4:04 pm
by rajn123
This makes sense. Thanks Zimba.
So the plan of action is
1. Apply for Last Name change in Indian passport
2. Directly submit ILR with this new passport and explain the last name change in the cover letter.

I then hope to get the ILR issues with new Last name.

Another quick Question. Once we have got the updated passport, my though was to apply for ILR on a priority (5 day) basis.

Do you think adding this complexity of new last name with ILR application means HO will likely to not give decision in 5 days? If this is the case then I may apply for standard route and save some money?

I know this is quite a specific case but I was just curious to check.

Regards
Raj

Re: Change of Last (Family) Name post Marriage and ILR application

Posted: Mon Mar 13, 2023 5:12 pm
by zimba
This is not an issue of complexity. What constitutes a complex application is not up to me or you to decide. It will be up to the UKVI

Re: Change of Last (Family) Name post Marriage and ILR application

Posted: Mon Mar 13, 2023 9:19 pm
by rajn123
Noted and thanks for your help as always.