Name change+Citizenship+Indian passport Expiery

[Kshiti]

Hello all,

I have received my ILR in October 2018 with the route of 5 years tier-2 dependent visa.
As my passport was ready before marriage,I did not change my name after my marriage . So all my documents banking, employment and visa, ILR have my old name. Now I want to change my name before I apply for citizenship. I have no hurry to apply for the citizenship and british passport. But the issue is my Indian passport is going get expired in October 2021. So I need to find some better way to deal with this situation. Also I am expecting my second baby in December. After delivery I want to go to India and stay longer there with my family.
So I have following questions:
1. We can change name by using deed poll, is that right?

2. When is right time to change the name, means while applying for naturalisation or while applying for british passport. How does it work really means my ILR BRP has my old name so just proving deed pool will be enough in both cases?

3. If I don’t apply for citizenship now but change my name on all documents, get renewed the Indian passport with new name and then apply for citizenship in late 2021 or early 2022 will it be fine? I am thinking of this route because then my naturalisation application and my british passport application will have my new name. But In this case Do I need to change the name on ILR BRP as well?

4. My husband’s, daughter’s passport has my old name also my new baby’s passport will also have my old name. So Do I need to update my name on their passport as well if I go with point 3 route? Or do I have to keep deed poll all the time during travel once I change my name nut not on their passport?


5. As I said I want spend 6 to 7 months with my family next year. I already lived 7 months in India at the time of daughter’s birth in November2016- July2017. So will it affect my citizenship application ? Because For citizenship main two absence rules are: no more than 90days in 12 months of applying and no more than 450days of 5 years from application date. So do they calculate 5 years from date of application?

6. If I don’t change my name and straightaway apply for citizenship and get British passport too. And then change my name on all documents will this be easiest way?

Please help me to solve these issues, I am totally confuse now. I will be eligible for for citizenship so as my daughter(as she is born in India she is following my route tier 2 dependent+ILR)at end of October. If I want to change my name now how long will it take? Basically I have my only sister’s wedding in May 2020. Which I don’t want to miss so after delivery in December I am planning to go in March 2020 to India. If I apply for citizenship now means this year November and if it won’t get done before April. I will be stuck. And I don’t want to get into such situation. As I said already I have no hurry to get the citizenship. But due to restricted Indian passport validity I am confused that will it be more complicated/ costly later?

Please please help me with best way to deal with this situation.
Thanks in advance

[zimba]

1. We can change name by using deed poll, is that right?

You do not need a deed poll to use your married surname

2. When is right time to change the name, means while applying for naturalisation or while applying for british passport. How does it work really means my ILR BRP has my old name so just proving deed pool will be enough in both cases?
3. If I don’t apply for citizenship now but change my name on all documents, get renewed the Indian passport with new name and then apply for citizenship in late 2021 or early 2022 will it be fine? I am thinking of this route because then my naturalisation application and my british passport application will have my new name. But In this case Do I need to change the name on ILR BRP as well?

I suggest to change your surname before applying for citizenship. This means change your name in the Indian passport. ILR BRP does not need to be changed

4. My husband’s, daughter’s passport has my old name also my new baby’s passport will also have my old name. So Do I need to update my name on their passport as well if I go with point 3 route? Or do I have to keep deed poll all the time during travel once I change my name nut not on their passport?

Is that their Indian passports ?! That should not be relevant to the UK

5. As I said I want spend 6 to 7 months with my family next year. I already lived 7 months in India at the time of daughter’s birth in November2016- July2017. So will it affect my citizenship application ? Because For citizenship main two absence rules are: no more than 90days in 12 months of applying and no more than 450days of 5 years from application date. So do they calculate 5 years from date of application?

Yes, the absences will count from the day of the application

6. If I don’t change my name and straightaway apply for citizenship and get British passport too. And then change my name on all documents will this be easiest way?

The passport office will not issue a passport with a different name to the certificate of naturalisation and your Indian passport.
I believe they only do this if you you choose to change your name via deed poll if you already hold a British passport

I suggest to get an Indian passport with the new name and then apply for citizenship

[Kshiti]

You do not need a deed poll to use your married surname

Ah!! Then what will required? Marriage certificate?

I suggest to change your surname before applying for citizenship. This means change your name in the Indian passport. ILR BRP does not need to be changed

But then If I get new indian passport with married name then name on BRP will be different. So while applying for naturalisation/ citizenship process what supporting documents needed then? because some documents might have my old name like previous employment docs or P60. NI number etc.

Is that their Indian passports ?! That should not be relevant to the UK

Yes my daughter and husband have Indian passport

I suggest to get an Indian passport with the new name and then apply for citizenship

Ok. Thank you so much.

[CR001]

But then If I get new indian passport with married name then name on BRP will be different. So while applying for naturalisation/ citizenship process what supporting documents needed then? because some documents might have my old name like previous employment docs or P60. NI number etc.

Just your marriage cert.

There is NO requirement to submit employment documents or P60s for naturalisation. You simply update HMRC or DWP about your name change.

[Kshiti]

Thank you so much for prompt reply.

[Kshiti]

Hi Again I would like keep record of all my questions in same thread so asking it here.

As I said earlier my daughter who is 2 years now born in India, having ILR. My husband don’t want to change his citizenship and I am going to do Indian passport with married name first and then citizenship application. So meanwhile Can I apply for her citizenship now or she also need ILR+12 month criteria?
If yes then can I apply once she become eligible?

As she is born in India will she also have to apply for naturalisation or she can be directly registered as citizen?

What is exactly process for her citizenship application?

What all documents required to support her application?

[CR001]

Hi Again I would like keep record of all my questions in same thread so asking it here.

As I said earlier my daughter who is 2 years now born in India, having ILR. My husband don’t want to change his citizenship and I am going to do Indian passport with married name first and then citizenship application. So meanwhile Can I apply for her citizenship now or she also need ILR+12 month criteria?
If yes then can I apply once she become eligible?

As she is born in India will she also have to apply for naturalisation or she can be directly registered as citizen?

What is exactly process for her citizenship application?

What all documents required to support her application?

Children are registered as British not naturalised.

Children born abroad can only apply for citizenship when either parent is also applying and the other holds ILR. So she will have to wait until you apply and can apply with you.

[Kshiti]

Children born abroad can only apply for citizenship when either parent is also applying and the other holds ILR. So she will have to wait until you apply and can apply with you.

So whenever I will apply, for her I need to use MN1 form to register her as citizen?

[CR001]

Children born abroad can only apply for citizenship when either parent is also applying and the other holds ILR. So she will have to wait until you apply and can apply with you.

So whenever I will apply, for her I need to use MN1 form to register her as citizen?

Yes.

[Kshiti]

Thank you so much CR001 for all promp replies.

[Kshiti]

Hi all experts,

We have changed our mind and decided to apply for citizenship for me and my daughter. I have dropped the plan of chnaging my name on indian passport and decided to get everything done at same name and change name once get british passport.

So now as I am eligible I am trying to find the threads similar to my case on this forum so any pointers are really appreaciated.

Before I proceed can anyone please help me to find answer for following questions:
1. I am planning to apply in December and then go to India. So can I travel after the application?

2. Is it ok to stay outside uk more than 4 months while application is under processing ? My husband will be in uk to check letters and book ceremony once get the letter. So can he book ceremony on my behalf whilst I am in India?

(In sort plan is stay in india as long as I can while application is under process and come back once ceremony is booked)

3. As I am registering my daughter too if incase her registration certificate arrives earlier than my approval letter then do we need to submit her ILR BRP within 5 days?

[Kshiti]

From recent threads found answer for first two questions but please can anyone answer 3rd question for me. As my daughter is born in India and have ilr do we need to return it within 5 days once her registration certificate is done?
Please give me advice on this?

[zimba]

From recent threads found answer for first two questions but please can anyone answer 3rd question for me. As my daughter is born in India and have ilr do we need to return it within 5 days once her registration certificate is done?
Please give me advice on this?

Yes. ILR will not be valid and BRP must be returned

[Kshiti]

Thank you Zimba for reply.
So in this case, can I get my citizenship done first and then register my daughter as BC while husband is holding ILR?

[katanayi]

From recent threads found answer for first two questions but please can anyone answer 3rd question for me. As my daughter is born in India and have ilr do we need to return it within 5 days once her registration certificate is done?
Please give me advice on this?

Lately I have applied for my wife and son same time( I am holding ILR), then they left India for Holidays. meantime, I recieved thier approval and booked ceremony behalf of them. I made cross check about my son as well and collect his certificate same day of ceremony with my wife. No problem at all.

And lastly, only adult BRP needs to be send back that you can do after ceremony.

[Kshiti]

Thank you for your reply katanyi. Much relieved to know that we do not have to returns kids ILR BRP.

If you dont mind can you answer some of my questions
1. How old is your son and was he holding ILR or pbs dependent visa. Just wanted to know if your case is same as mine.

2. How lond did it take to get his registration done?

3. Do we need to apply immediately for british passport once we get registration certificate done or we can apply anytime when we are ready?

[Kshiti]

Hi again ,

Can anyone please help me to understand how citizenship registration work for child on ILR born outside UK?

I tried to find some threads but really could not found any. Any links will be really helpful.

I also want to know if we go to India after application then will my daughter allowed to enter in uk on her ILR BRP once her registration is approved?

Also will they post her registration certificate or we have to collect it personally?

[zimba]

Can anyone please help me to understand how citizenship registration work for child on ILR born outside UK?

Such a child has no entitlement to British citizenship as he/she is born outside the UK. Such a child can be registered as British (by discretion of HO) only when at least one parent is British and the other is at least settled. Registration is using MN1

I also want to know if we go to India after application then will my daughter allowed to enter in uk on her ILR BRP once her registration is approved?

I told you above NO. ILR will be INVALID

[Kshiti]

Thanks zimba for your reply. Sorry for asking for asking about same question but I was honestly considering your suggestions, and we decided to apply for my citizenship first and then apply for my daughter once I become citizen and my husband holding ILR. But reply from Katanayi made me confused again to consider option for applying for my daughter as well along with me and then go for holiday. As per from his reply we thought even if her application get approved but her ILR will be valid unless we collect her certificate. (As I read her in some of locked threads that in cases like me we can collect her certificate along with mine after my ceremony.)

[zimba]

Certificate of registration is posted to you. When it is issued, ILR status is void

[Kshiti]

Thanks again Zimba.

I have started my online application. I have included my daughter's application in tge same application as there is a question about adding another application.

So now I have a question that do I need separate references for me and my daughter or I can use same refrees in both application?

[katanayi]

Thank you for your reply katanyi. Much relieved to know that we do not have to returns kids ILR BRP.

If you dont mind can you answer some of my questions
1. How old is your son and was he holding ILR or pbs dependent visa. Just wanted to know if your case is same as mine.
He had ILR along with me and my wife, he is 8 ( this is very recently done)

2. How long did it take to get his registration done?
about 3 months

3. Do we need to apply immediately for british passport once we get the registration certificate done or we can apply anytime when we are ready?
you can apply any time when you ready, but my wife and son applied immediately after the ceremony

I did exactly what is said in my earlier post, they got approval when they were in India for a holiday. then I called the council and arranged the date for the ceremony after their return with ILR BRP. The only thing is arranging the ceremony within 21 days of approval but the ceremony can be within 90 days at your convenience.

[katanayi]

Thanks again Zimba.

I have started my online application. I have included my daughter's application in tge same application as there is a question about adding another application.

So now I have a question that do I need separate references for me and my daughter or I can use same refrees in both application?

my son and wife had one common referee but professionals were different ( for my son class teacher)

[katanayi]

Certificate of registration is posted to you. When it is issued, ILR status is void

the council could hold a child's registration certificate until the adult ceremony and can be collected with them. regarding my son, council awarded the certificate together with my wife at the same time.
This is my experience in September after the Agust school holidays(2019).

[zimba]

That is assuming parents are applying too