Possible surname issue on UK Settlement Visa?

[TeaLoverDenise]

I recently submitted online VAF4A form for UK Settlement Visa (married >4 yrs). I have a query regarding my surname.

This might be a bit convoluted, so bear with me!  (I am using fictitious names)

I am a USC.
My maiden name was DOE.
I then married JONES, but we divorced.
I then married BROWN, but we divorced.
I then married UKC SMITH and we are still married.

After I married UKC SMITH, I resided with him briefly in the UK. During that period of time, I used his surname. My NI number was in the name of SMITH; my LLR (long since expired) was in the name of SMITH. I never changed anything else of mine (credit cards, driver's license, etc.) to SMITH.

When we moved to the US, I did not use SMITH because everyone here always knew me as BROWN. I had been Mrs. BROWN for 25+ years. My US passport was still in the name of BROWN. Everything here in the US was - and is - still in the name of BROWN. I just didn’t want to change everything over to SMITH. (SMITH is so boring compared to the surname I actually use in reality.) 

Are you still with me? 

When we return to the UK to live, I wish to be known as BROWN and not SMITH, and there’s no law that says I have to take my husband’s surname.

I filled out the online VAF4A using the surname BROWN, although it did ask if I had ever been known by other names and I listed them all there.

Think this surname thing is going to create a problem? The only issue I see (after my move back to the UK) would be that my NI number is in the name of SMITH.

Hopefully, the above explanation in my letter accompanying my VAF4A packet will suffice.

[WebyJ]

Your visa will be issued in the name on your US Passport, if you have not bothered to change that to your married name it will be in whatever name you have on the passport.

You might have an issue at the biometrics center as they will have to correct your sheet to read the name on your passport, but it won't be THAT much of an issue that you'll be refused.

If you want your visa issued in your married name, you have to change your passport first.

Since you've previously used SMITH in the UK and if your UK docuemntation (IE National Insurance, NHS etc) is in SMITH then you might have to look into changing it by the legal means in the UK (deed poll I believe) to BROWN since you've established your identity previously as SMITH.

Hope that helps.

Hope that helps.

[TeaLoverDenise]

Thank you, WebyJ. Interestingly enough, on my Biometrics Appointment Confirmation sheet, my surname name is shown as all the surnames I've ever had - I guess that's for background check purposes.

Since I've previously used SMITH in the UK (and that is my current husband's surname) - but wish to use my former name of BROWN - can I do that (via deed poll) without having to "prove" a reason why?
 

[WebyJ]

Actually at the biometrics center they will have to cross out all of your other names and fingerprint & photograph you under your passport name only. It's a glitch in the system that makes it print out the way it does...and they don't do background checks currently either so that doesn't apply.

Don't know about the deed poll specifics, just that it's the way to change your name in the UK. If you hadn't established your identity in the UK previously you could use whatever name you wanted even if it wasn't the name on your passport but could prove you could use the name by showing your marriage license.