US Passport Renewal due to name change

Yes, I know you were... But we already know that the name on the BRP (or any visa) must always match the name on the passport... So it stands to reason that the name on the BRP should not be changed UNLESS the passport name is changed.

We have been working under this assumption for the last 5+ years and many, many people here on the forum use their maiden name on their passport and BRP and their married name on everything else and no one has ever reported a problem or issue with doing this.

The UKVI guidance about it has not changed recently so why would everyone suddenly need to change their BRP name if they haven't had an issue keeping both their passport and BRP in their maiden name before?

If we discover that it does change and become an issue, we can adjust the advice we give.

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Okay, here we go, I've found the official guidance which states you must change your name on your passport first before applying for the name change on the visa:

Foreign nationals without passports
24.Foreign nationals wanting to change their names on Home Office issued immigration documents must apply for either a Transfer of Conditions (if they have temporary leave) or a No-Time Limit (if they have indefinite leave).  Where a foreign national applies to change their name and claims not to hold a foreign issued passport or EEA Identity Card, the Home Office will only change the name on their BRP where the applicant is a recognised refugee or stateless person or has been granted Humanitarian Protection.  All other foreign nationals must produce a passport or their EEA Identity Card in the new name when applying to change their name.   Successful applicants will receive evidence of their new name in the form of a BRP. 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/404748/Align_Change_of_Name_Guidance_-_v1_0.pdf

Okay, here we go, I've found the official guidance which states you must change your name on your passport first before applying for the name change on the visa:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/404748/Align_Change_of_Name_Guidance_-_v1_0.pdf

"All other foreign nationals must produce a passport or their EEA Identity Card in the new name when applying to change their name. "



I appreciate that this is the advice you have always given, but I wonder if the 3 month timeline is new? This bit in bold on the BRP page?
You must apply for a new BRP within 3 months. You can be fined up to £1,000 or have your stay shortened if you don’t.
https://www.gov.uk/change-circumstances-visa-brp

3 months seems ample time to change a passport and comply with the BRP changes requirement.

There was a thread on another site a few months ago about the new 'must return the BRP within 5 days of becoming a British citizen' or a fine. There was always the requirement to return their BRPs, but before there was no timeline to do this and a fine if they don't.

Do you think this 3 months could be new too? I don't really know. You are the expert on these spouse/partner visas as far as I am concerned.

The 3 months has been on there for years.... I think ever since BRPs were introduced.

You have 3 months from changing the name in the passport to put in the application for the updated BRP.

Which is why, if you change your name in your passport in the last 3 months before your current visa expires, you can avoid having to change the name on the BRP because you will be applying for a new visa and BRP in the new name during that time anyway.

All the advice we've given in this thread has been based on our knowledge and experience of how this works... because it has been done this way for years already.


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The must change BRP within 90 days was definitely there 3 1/2 years ago when I changed my name.   

UKVI only considers your passport as your official ID.  Until you change your name in your passport, it hasn't been changed as far as they are concerned.  We've had many MANY members have all their mail, bank statements, employment letters, etc. in their married name, while their passport and BRP were in their maiden name and not a single person has had an issue.

The must change BRP within 90 days was definitely there 3 1/2 years ago when I changed my name.   

  OK. I didn't want anyone to end up with a 1k fine as the government site lists what must changes they must be told about for those with a BRP.

If we discover that it does change and become an issue, we can adjust the advice we give.

OK. I'll let this site know if I see any posts on the other sites I read (BritCits and Immigrationboards) saying they are getting fined.