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MariaD,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,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.
I don't know much about media & PR.MariaD wrote:want to add, what about to give this to newspaper?
MariaD,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?
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 .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.
That's an interesting idea.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).
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.
LiaDoe,LiaDoe wrote:Today I got my foreign passport back .
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 .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 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
Yes.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
LiaDoe wrote:Yes.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
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.
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]
Almost there! Got my interview letter today!gemgirl23 wrote: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.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...
Good to hear some encouraging news.gemgirl23 wrote:Almost there! Got my interview letter today!gemgirl23 wrote: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.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...
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.
Spent most of yesterday at the Philippine embassy in London.gemgirl23 wrote:Salamat!
& good luck with the embassy trip tomorrow.
See Civil Legal Advice: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.
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.noajthan wrote:Spent most of yesterday at the Philippine embassy in London.gemgirl23 wrote:Salamat!
& good luck with the embassy trip tomorrow.
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:The certificate will be processed in "one working day".
- 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);
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.
Yes it was a stressful and confusing day.gemgirl23 wrote: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.noajthan wrote:Spent most of yesterday at the Philippine embassy in London.gemgirl23 wrote:Salamat!
& good luck with the embassy trip tomorrow.
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:The certificate will be processed in "one working day".
- 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);
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.
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.
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.So, it seems it's better not having any current foreign passport at all rather than having one in a different name
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.noajthan wrote: The Philippine embassy officials appeared unaware of any new UK policy on identity:
https://www.gov.uk/government/news/crac ... -detection
Maryam1985,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?
That option seems to be a possible way ahead in your case too (as you can't make changes via your other citizenship).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.
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).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.
As explained here all UK citizens have a separate and common law right to travel freely:...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
Takeaway:...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