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Topic: Name on passport and BRP, later Citizenship query  (Read 1064 times)

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Name on passport and BRP, later Citizenship query
« on: January 22, 2021, 04:11:27 PM »
Hello all

Hope you can help as I just got off the phone with DWP today and they are saying that they need further information from my wife to prove her identity because the name on her passport/BRP does not match her name on any records they have.

Her passport/BRP are in her maiden name because we didn’t want to change the name on her US passport because that is the name she uses in the US.

The name she uses in the UK pretty much everything (banking/NHS etc) is her married name.

DWP are saying they may need to contact the Home Office to prove she is who she says she is.

Has anyone else experienced this? How difficult is it to change the name on her BRP? And is this even possible without changing the name on her passport

Last of all, when it comes to citizenship, can she apply in her married name or will it need to be in whatever name is on her BRP/US passport?

Any help is as always appreciated!!


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Re: Name on passport and BRP, later Citizenship query
« Reply #1 on: January 22, 2021, 04:25:21 PM »
Not sure about the DWP part, I'm afraid, but I can help with the BRP and passport bit:

The name on her BRP MUST match the name on her passport at ALL times.

In order to change the name on her BRP she would have to renew her US passport in her married name and then within 3 months of receiving the new US passport, she would have to apply to change her name on her BRP. If she doesn't do it within 3 months, she can be fined £1,000.

I believe she holds ILR, correct?

For holders of ILR, it costs £229 to change her name on her BRP and it can take up to 6 months to be processed. Normally the £800 Super Priority Service would be available for a faster decision, but it hasn't been reinstated yet.

See here for how to change her name on the BRP:
https://www.gov.uk/change-circumstances-visa-brp
Which links to this page:
https://www.gov.uk/biometric-residence-permits/replace-visa-brp

The best time to change your name on your passport is actually just before you apply for a new visa... because as long as it is done within 3 months of when the visa application will be made, there is no need to change the name on the BRP as well... you simply apply for and have the new visa issued in the new name.

Last of all, when it comes to citizenship, can she apply in her married name or will it need to be in whatever name is on her BRP/US passport?

She must apply for UK citizenship and her UK passport in the name on her passport and BRP. It used to be that you could choose which name you applied for citizenship in, but they changed it a few years ago.

So, if her passport and BRP are still in her maiden name when she applies for citizenship, then in order to get everything in her married name she would need to:
- apply for UK citizenship in her maiden name
- apply for UK passport in her maiden name

Then once she has her UK passport in her maiden name, she would then need to:
- change her name in her US passport
- change the name in her UK passport
« Last Edit: January 22, 2021, 04:28:54 PM by ksand24 »


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Re: Name on passport and BRP, later Citizenship query
« Reply #2 on: January 22, 2021, 04:33:25 PM »
Hi Ksands,

That is very helpful, thank you!

Is it not possible to apply for Citizenship using her maiden name and then later on change the name on her UK passport to that of her married name?

The end goal being that her US passport stays in her maiden name and her UK passport is in her married name.

Having to change the name of her US passport is something we want to avoid as it would cause too many complications.


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Re: Name on passport and BRP, later Citizenship query
« Reply #3 on: January 22, 2021, 05:00:01 PM »
Is it not possible to apply for Citizenship using her maiden name and then later on change the name on her UK passport to that of her married name?

The end goal being that her US passport stays in her maiden name and her UK passport is in her married name.

Having to change the name of her US passport is something we want to avoid as it would cause too many complications.

I believe she must apply for her UK passport in the same name that is on her US passport.

Because in order to apply for a UK passport, she must provide her US passport as a supporting document to prove her identity. If the name in her US passport does NOT match the name on her UK passport, they will not issue a UK passport... unless she meets one of the specified exemptions (listed below). Basically, in order to be able to apply for her UK passport in a different name than on her US passport, she would have to be able to prove that it is physically/legally impossible for her to change her name on her US passport.

Have a look at this document regarding the use of names on UK passports:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/548220/Annex_A_passports_August_2016.pdf

From that document:

Quote
6 Name for all official purposes
6.1 The “name for all official purposes” means that the person is using that name for going about their daily lives and they are able to demonstrate that they interact or engage with employers, banks, local authorities, other government departments using that name. The applicant must provide evidence to confirm that they have changed their name for all official purposes by submitting the evidence set out at section 4 above.

6.2 The name and identity of the passport holder is the key element requiring certainty before a passport can be issued. A passport must not be issued where there is any doubt or inconsistency in the name used in supporting documentation submitted by the applicant and the name requested on the passport application.

6.3 In the vast majority of cases, the applicant will be able to, and be expected to align the name they use for all official purposes with that on the British passport application form. This may cause additional effort by the customer and in some cases, inconvenience and cost. These are matters outside of HMPO’s control and whilst wishing to minimise the impact on customers, there can be no compromise on meeting the required security standards. However, where there are legal, cultural and social requirements in individual cases which may impact on the ability of the applicant to align the names and these should be taken into account.

6.4 Where an individual declares an expired foreign passport or other core document (such as a birth certificate) in a different name than the one requested as part of the application, HM Passport Office will not issue a British passport unless the name on core documents align as the applicant has the ability to apply for a live foreign passport in a different name. It is not for examiners to determine eligibility for Dual Nationality however, if an application is made and entry into the UK is in doubt as another passport has not been declared, further checks must be made.

Exceptions
6.5 There are individual categories of applicant who may experience restrictions on their ability to meet the identity requirements of one name for all official purposes. These are primarily people who have dual nationality and who hold, have held or can obtain in the future a passport issued by another country.

6.6 Subject to the applicant being able to satisfy the following requirements, a passport may be issued in the name requested even where it differs from the name on the passport issued by another country.
The following categories may be given exceptional consideration:
i. The law in the applicant’s country of origin restricts or prevents a change of name. Where there is such a restriction, the applicant will be required to provide evidence from their country of origin that a change of name is not permissible;
ii. The country of origin does not permit dual nationality meaning alignment of documentation will not be possible, the applicant will be required to provide confirmation from the country of origin that their citizenship has been cancelled;
iii. Where there is a requirement for the person to travel to their country of origin in order to change their name, and due to exceptional circumstances in their country of origin, they would be placed at a high level of risk;
iv. The applicant has changed their name as a result of a change of gender and the law in the applicant’s country of origin does not recognise or permit a change of gender;


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Name on passport and BRP, later Citizenship query
« Reply #4 on: January 22, 2021, 05:02:09 PM »
Hi Ksand,

I understand.

My query is more about whether it is possible to change the name on her UK passport once it has been issued. As surely that document wouldn’t need to match the name on the US passport as it is a passport in its own right.


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Re: Name on passport and BRP, later Citizenship query
« Reply #5 on: January 22, 2021, 05:06:04 PM »
My query is more about whether it is possible to change the name on her UK passport once it has been issued. As surely that document wouldn’t need to match the name on the US passport as it is a passport in its own right.

But in order to change her name in her UK passport, she must provide a US passport that has also been issued in the new name.

As I understand it, the rules I posted above apply to all passport applications, whether it's a first passport, a renewal, or a name change (which is essentially a renewal).

See here for the requirements for changing your name on a UK passport:
https://www.gov.uk/changing-passport-information

From that page:

Quote
If you have a non-British passport
If you have dual citizenship (‘dual nationality’) and have a non-British passport, the name on your non-British passport must match the name and gender you want on your British passport.

If it’s different, change the details on your non-British passport before you apply for a new British passport.


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Re: Name on passport and BRP, later Citizenship query
« Reply #6 on: January 22, 2021, 05:07:12 PM »
Oh dear.

So it seems unavoidable.


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Re: Name on passport and BRP, later Citizenship query
« Reply #7 on: January 22, 2021, 05:07:50 PM »
Oh dear.

So it seems unavoidable.


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The other option is that she just keeps both passports in her maiden name.


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Re: Name on passport and BRP, later Citizenship query
« Reply #8 on: January 22, 2021, 05:12:30 PM »
True. Which seems like the path of least resistance at the moment.

The only problem (if it is even a problem, I’m not sure at the moment) with that is she has been using her married name on all her NHS letters and her married name is linked to her NI number.

Not sure how easy it is to suddenly switch to using her maiden name in that regard.


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Re: Name on passport and BRP, later Citizenship query
« Reply #9 on: January 22, 2021, 05:50:51 PM »
True. Which seems like the path of least resistance at the moment.

The only problem (if it is even a problem, I’m not sure at the moment) with that is she has been using her married name on all her NHS letters and her married name is linked to her NI number.

Not sure how easy it is to suddenly switch to using her maiden name in that regard.

She doesn't need to.

Lots of people keep their passport in their maiden name and use their married name for everything else. They just provide their marriage certificate when they need proof of ID to go with their passport.

If she's been doing it for 5 years already, there's no need to stop now. even if she gets UK citizenship.


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Re: Name on passport and BRP, later Citizenship query
« Reply #10 on: January 23, 2021, 04:37:05 PM »
Hi Ksand,

Thank you for the reassurance. I just wanted to make sure we were doing everything right.

Thanks again!


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Re: Name on passport and BRP, later Citizenship query
« Reply #11 on: January 27, 2021, 02:41:55 PM »
Today my wife received a letter from DWP asking her to provide evidence of her name change from her maiden name to using my name.

Would our US marriage certificate suffice?

She never used her maiden name in this country in anything apart from the Visa application. She just ‘came into’ this country using my last name and has always used that.


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Re: Name on passport and BRP, later Citizenship query
« Reply #12 on: January 27, 2021, 02:55:47 PM »
Okay I got to a certain point and skipped to the end.

Say she books an airline ticket. First trip U.K. to USA. She uses her US passport to enter USA so would need maiden name on plane ticket

Return flight she uses U.K. passport to enter U.K.  She needs her married name on the plane ticket.

One name. Just pick a side and stick with it. 


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Re: Name on passport and BRP, later Citizenship query
« Reply #13 on: January 27, 2021, 02:57:41 PM »
Today my wife received a letter from DWP asking her to provide evidence of her name change from her maiden name to using my name.

Would our US marriage certificate suffice?

I assume your marriage certificate would be what you need to provide, as it's the legal document which shows the name change.

A marriage certificate is usually the document that is asked for in order when someone needs to prove a name change.


Quote
She never used her maiden name in this country in anything apart from the Visa application. She just ‘came into’ this country using my last name and has always used that.

Actually, she came into the country using the name on her passport and visa (her maiden name).

Once she was in the country, she then 'changed' her name by using her married name on all her non-immigration documentation.


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Name on passport and BRP, later Citizenship query
« Reply #14 on: January 27, 2021, 05:08:49 PM »

Actually, she came into the country using the name on her passport and visa (her maiden name).

Once she was in the country, she then 'changed' her name by using her married name on all her non-immigration documentation.

Yes, pretty much.

I just hope they accept marriage certificate as enough proof (can you tell I am always skeptical?) because I know for people within the UK they have to formally change the name via Deedpoll and she never changed her name within the US.

She just began using mine from the start.


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