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Given the wording of Annex A and the fact that HMPO accepted an email print-out from my embassy, I think you should be fine. Just explain the legal position in a letter and attach whatever material you can find (if it's certified, that should be ok.)Jujumar87 wrote:Is a letter signed by the embassy mandatory? This sounds like a pain, and my 'country of origin' country isn't very helpful. Could I apply with my deed + certified translation of an extract of the relevant regulations from my country of origin official government website?
Hi SSJP, If it helps, I think the document you need to fill in is called 'Certification Request Form' (which my daughter filled in, twice). It can be downloaded online. You do have to ask the embassy which box you'd need to tick that best reflects your circumstance, then attach a letter requesting them to write a letter (if that makes sense) containing the information you need that will help your case with the home office. You have to pay £23 (by postal order- the only payment the Phil Embassy accepts) for the privilege. Best to call the embassy about this - so you can double check what documents they require you to submit along with the certification request form. Be warned- the embassy is not consistent. We sent our form along with the documents the lady over the phone said we should, only to get a call over a week later saying we hadn't sent the fee & some other documents.slpj wrote:Hello Antsmall.
" --- I explicitly asked for transgender situations to be covered as well, --- "
I hadn't realised the depth of your involvement in this. I'll take this opportunity to thank you on my behalf, my partners behalf, and on behalf of all Trans people. Finding people who understand the issues is hard enough, but finding people in a position to do something is even harder. Last year when the new names policy was first in place, it contained a clause that specifically denied Trans people, and only Trans people, their right to their foreign nationality, if they naturalised as British, couldn't change the foreign identity, and wanted a Brit passport. Not knowing at the time that the Phil's does this automatically anyway for any of it's nationals obtaining 'foreign' nationality, (but allows you to claim right back -- seems daft), we were on the brink of my partner relinquishing her Phil's nationality. But a), though she is proud to now be a British Citizen, she is also proud to be a Filipina. She wants to be able to enjoy the rights of still being a Filipina. And b) even more importantly, she has an elderly father in the Phil's, who relies on her for all kinds of things, that she probably couldn't do as only a Brit Cit. I sent a flurry of communications to various places, such as Press for Change, and to the Home office, etc, protesting the discriminatory nature of the clause. Eventually I got an email reply from the HO saying that it had been changed, and would be live from this September. I guess then from what you say you must have had a great deal to do with that change. Thank you so much.
And thank for for your reply in this, and specifically to our situation. I'm digesting all you've said. As you say, things are changing globally, and I'm hopeful that one day all nations will recognise Gender change. But in the Phil's that may be a long way off, because their legislation is still so closely tied to religion.
I've had a further tel conversation with hmpo. He said he is going to call me today, after speaking to a senior person in the policy section, to confirm the Annex A clauses, and to hopefully tell me exactly what will constitute acceptable proof of the Phil's lack of legislation on gender/name changes. But failing that, your advice on how to go about getting proof from the Phil's embassy in London, is very helpful. We've also now just discovered, that my partner's good Phil's friend here who is also a Brit Cit, has a close friend who works at a reasonably high level in the Phil's embassy in London. So that may give us a contact to someone in the Phil's embassy who can be more willing to help.
Our perspective on this has been my partner being trans. And we hadn't realised that this use of names policy has affected so many others -- non trans -- too. Whilst of course sorry for all those that have been badly affected by it, in this respect, we are also grateful that it has, because I can see that it added to the publicity and pressure to alter it. Trans are a minority in a minority. Getting trans issues to the mainstream has a been a long battle, it's ongoing, but far better than it has ever been. We're grateful for any help along the way from anyone for whatever reason.
I'll update this as I get more news. But again, my thanks to everybody.
I would ask the Czech Embassy to issue an official letter outlining that your son cannot change the name on his passport as specified by Czech law. An email probably won't cut it, I would ask for a hard copy signed by an official. You probably need to pay a fee (we paid for an official letter from the Philippine Embassy). Call your embassy and ask how you can get an official letter/document and why you need it. They are probably, by now, familiar with this new policy by the Home Office. My contact at the Philippine Embassy certainly was- he even told me how long they've had it enforced. You may not be the first person they've had to write a letter for. My daughter requested, and got a letter with an official stamp and signed by our consul.owenmi wrote:(I hope I'm using the right thread, wasn't keen on opening a new one)
I've applied for registration of my son as a British citizen a week ago, and only after the application I've realised I may have a problem with his surname.
I am a Czech citizen living in the UK for over 6 years. I received my Permanent Residence last year. Our son was born in the UK before we were settled, and now that we're settled I've applied for his registration. Since his was born, our son had a Czech passport. Problem is, I now know, that in his Czech passport, he only have my surname, while in his UK documents (from birth certificate onwards, including the application for registration) he has his mother's and my surname.
After the application was made I contacted the Czech embassy, in order to change his surname (so all names will match), however I was told this surname combination is not possible under Czech law.
I'm still trying to find the right document to prove this to the HO, but wonder what should I do in the interim:
1) do I let the HO know as soon as possible?
2) if so - what type of document can I provide? the email from the embassy is very brief.
3) and - what exactly do I need to explain?
4) will the HO register my son as British with both surnames, but will not issue him a passport?
Thanks!
You can change your name by deed poll back to your maiden name. If you do this, you must show proof that you are using the new name, so you will have to change your name on your documents with the HMRC, DVLA, etc. This would mean that you can't use your married name, but the alternative is to sort out your name change in your home country.vekav wrote:Hello,
I have the following issue:
I am trying to renew my British passport (after I have held it for 10 years). I however have an un cancelled Kenyan Passport in my maiden name. The HMPO requires the name changed on the Kenyan Passport but I cannot do that as I lost citizenship when I acquired British Citizenship as dual citizenship wansnt permitted at the time. It is now though but the process of regaining it and thus changing the name on is a lengthy one. The HMPO requested either a passport tint he married name or confirmation from the Authorities that I am no longer a Kenyan. I didn't get any luck form the embassies so I decided to officially renounce for which I have confirmation.
The HMPO now saying that the fact that I have renounced doesn't stop me from regaining it later and therefore will not issue a passport until I provide a Kenyan one in the married name.
Anyone else in the same boat and If you have managed to sort it would appreciate any advise.
Thanks
V
Right I did EXACTLY what you did above and today I find out that HMPO is asking me to change my name on my country of origin passport. This sounds really ridiculous as I added the following to my passport application:TeamAc4 wrote:I received my first UK passport yesterday in my assumed name which is different from the name in my other passport. It took HMPO only 16 days in total to issue the passport, and I wasn't quizzed about the name change at the interview at all. Here's how I went about it:
- I sent a one-page explanation why the name in my other passport is different from the name I requested for my UK passport, and why I could not have my other passport changed (sample wording below). I specifically referred the HMPO examiner to the change of name policy.
- I attached an email (not a formal letter) from a consular officer at my embassy confirming that my other passport could not be changed.
- I also included four pieces of identification in my assumed name: letter from a previous employer, letter from HMRC, bank statement, and letter from previous university - this was to demonstrate that I had been consistently using my assumed name for all purposes.
I sent all of this off to HMPO with my application form and non-UK passport, and got my new UK passport just over two weeks later. The key is to demonstrate that you have legitimate reasons for wanting to change your name, and that you have some evidence of using your name already.
----------
The letter I sent alongside the application form stated as follows:
"My legal surname is XXXXX [assumed name]. I am a dual national of the United Kingdom and XXXXX. I am kindly requesting an exception to the general requirement that the name on the British passport should match the name on any uncancelled non-British passports pursuant to paragraph 6.6.1 of the Home Office's Annex A: Use of Names in Passports. I am also requesting a corresponding observation in the passport stating that a passport in another name is also being held, as is HMPO policy.
[I then set out a brief name change history, explaining how I had used my assumed name for all purposes in the UK.] My naturalisation certificate was issued in my birth name in line with Home Office policy, and I was advised to take up the change of name at the point of applying for a passport. I enclose an additional change of name deed post-dating the certificate of naturalisation, as advised by UKVI via the Nationality Checking Service.
I have enclosed the following as proof of the change/use of name: original change of name deeds; bank statement; letter from employer; letter from university; letter from HMRC; correspondence from the XXXXX embassy confirming that the XXXXX passport cannot be amended accordingly. "
This doesn't surprise me... I can't believe that HMPO will issue your passport in your old name. Definitely make a complaint if you don't get what you want.conflicting information from HMPO
Why should there be a reference to a persons previous nationality on his British Passport. I do not believe the HO has this right to enter this observation in his passport when it is against his request. The matter is different if requested by the individual. I strongly believe they are in breach a a persons Human Rights by doing this since this is going beyond the issue of simply clarifying a name change and releasing information about a persons other nationality which should be protected in accordance with data protection laws and will undoubtedly lead to discrimination. Alternatively, and if requested by the individual, the HO or passport agency may easily issue a letter explaining that the person on the British Passport is also the same person on the other nationality passport for clarification and not entered in his British Passport. I personally do not believe that the HO has looked into the long term seriousness of these implications and should be legally challenged.jmahmoud wrote:This is in relation to the previous thread of comments with regards to the amendments that are being implemented on the observation page of the passport. My question is that this would be OK if it was requested by the passport holder specifically to be mentioned. Other than that is it not a breach of the Human Rights act and the Equality Rights Act 2010 to advertise personal details (Data Protection) and is it not a form of discrimination.