# BRP RC question - please help?



## shayonislynn (Feb 6, 2013)

Hi there,

Following my successful FLR(M) application, I would love some advice on the following dilemma:

My husband's last name is his mother's first husband's surname. After we were married, we decided to drop his last name and take his middle name (his dad's surname) as our family surname. We also decided to keep my surname as our family middle name. So it would be *My current given name* (forename) *my maiden name* (middle name) *my husband's middle name* (surname). 

Right, so for my application, I changed my name to this new format visa deed poll and attached it to my application as also detailed this deed poll in my application form. Please note I applied using my maiden name (as in past UKBA applications) and used my new name under any other names known by. My husband is also looking to get his name and passport changed via deed poll soon.

My application has been processed as under my maiden name (unchanged passport name) with my new title MRS. Both my BRP (when I receive it) and my passport have a match on the names. 

Now this is the bit that worries me. My deed poll is dated 5th February 2013. This is what the UKBA says: 

*you change your name (for example, because of marriage or by deed poll);
you change your gender, legally or permanently;
you change your nationality; or
your facial appearance changes significantly.
If you change any personal details listed above or any details shown on your biometric residence permit, you must apply for a new permit within 3 months using application formBRP(RC). If you do not do this, you mayhave to pay a financial penalty of up to £1,000 or we may shorten your permission to stay.*

Now my question is, should I go ahead change my name on my Indian passport, and apply for a BRP RC (seeing as it could take months to receive it) with my new name (as per deed poll) or can I just wait for my next FLR(M) application, change my passport at that time and apply with the new passport for my BRP?

Seeing as I have informed the Home Office regarding my change of name by including it in my application, will I face any fines/reduction in stay if I do not change the details on my passport/BRP now (even though the deed poll is dated 5 Feb '13)?

Any help would be much appreciated! 2farapart, Leanna, Joppa?

I am really confused :s


----------



## WestCoastCanadianGirl (Mar 17, 2012)

I don't know in your situation (i.e. having told the Home Office that you'd changed your name) but the first half of your plan (waiting until your next FLR(M) application to change your passport then apply in new name) is 100% viable... in fact, that's what I plan to do. 

I got married about 4 months ago and intend to change my name from Elizabeth Kazue TANAKA to Elizabeth Kazue Tanaka WOOD, with my maiden name becoming a new middle name and my husband Ed's last name becoming my new last name. However, since as you say getting a new BRP in my new name will take several months, I've decided to wait until next year to change my passport over about 2 months before I apply for ILR and then apply as Mrs. Ed Wood. I'm o.k. with keeping my maiden name for the time being, and since my wait to ILR is short (I was admitted under the old rules, so I only have a 2 year wait to ILR) it makes sense to wait and get everything changed next year.

Good luck to you and congratulations on your wedding and on your shiny new BRP!


----------



## 2farapart (Aug 18, 2011)

*THE UKBA is right in this instance: you do need to have your BRP changed. * If you applied under the new rules, your next FLR(M) is not for another 2.5 years (by which time you will have been known under your new name in the UK - and therefore a different identity to that on your BRP - for all that time) which breaches the terms of the BRP. 

Get your passport changed first. Ironically, that will likely be the quickest part! My US partner had to obtain a new passport (there was no other option just to change her name). To do this she was able to apply through the US Embassy in London (they still send the application to the US to be processed). She received her new passport within 4 weeks. The BRP name-change will be an unbelievable wait though. My partner has not long received her new BRP, but it took 4-5 months for the name-change to be processed and her documents returned (you will be asked to have your biometrics taken again, but this time it can be at one of many facilitating post offices in the UK). The down-side of this is that, during that period, you can't leave the UK (you'll have no passport) and it could be difficult to secure any work if you wish to work (because employers need to see proof that you are legally permitted to work in the UK as shown on your BRP - and UKBA will be holding that too).

At the end of the day, you don't really have a choice. Legally, you really must change your BRP to your new identity. I don't know how quick UKBA is at levying fines, or worse, proceeding with the threatened revocation of the BRP altogether, but it's better not to risk it.


----------



## shayonislynn (Feb 6, 2013)

Thanks so much for your reply! It just never seems to end  
Do you think we can steal a trip to Europe before I get this process started? Maybe travel in March and start the tedious process in April?


----------



## 2farapart (Aug 18, 2011)

Provided your passport, BRP and travel documents are all in the same name, you should be fine travelling. You would also still be within UKBA's 3-month oeriod from your Deed Poll date but it does depend rather on how long your new passport will take. 

If you can submit your BRP(RC) with your new passport before May 5th (3 months from your Deed Poll date) you are technically within UKBA's 3 month period, so check how long a new passport might take, because once you have your new passport, you can apply with BRP(RC) immediately. Of course, there are more fees involved, but they're mercifully a lot cheaper than visa costs! Something like £30 here, £15 there. 

If no-one has been issued with your Deed Poll yet and you haven't started using your new name on any official paperwork, there is also the option of having the Deed Poll done again. How 'legal' that is, I don't know, but my partner's first Deed Poll was not legal enough for the US (it needed to be signed by an actual solicitor, not legal executive, so she had to have it redone 3 months later - which gave her more time in which to apply for her name-change).


----------



## shayonislynn (Feb 6, 2013)

That's a good shout, I'll have to speak to a solicitor regarding that, but I did go the extra mile to have it signed by a solicitor (so fairly legal, yes?) 

Another quick question (and that's it for now I promise), do you think after I get my new passport with my new name, I can have a copy attested by a solicitor or notary (to confirm my identity for jobs etc)? Giving up my ids for up to 6 months just sounds like a nightmare...

Thank you for all your help 2farapart


----------



## shayonislynn (Feb 6, 2013)

And no, I haven't started using my new name legally yet (bank, council tax, electoral register etc all maiden name) but have a few utility bills in my married name (can always change back?)

Do you think the UKBA will retain records that I submitted a deed poll dated 5th Feb '13 even if I have a new one for 2015? (oops went back on my previous promise of no more questions!)

That's it for now.


----------



## 2farapart (Aug 18, 2011)

I can't answer whether UKBA kept your original Deed Poll, so there's a bit of a risk in that. 

Your Deed Poll signed by a solicitor is about the maximum legality it can be given here (for UK purposes, it's enough to sign a Deed Poll with two witnesses without need of a lawyer - but that wasn't legal enough for the US, so we did as you did and paid full whack for a solicitor).

It's going to be down to each employer whether they accept an attested copy. Some employers might be reckless enough not to even care, whereas others will not be satisfied until they see your BRP. So again, that's a tough one to call. I would recommend preparing for a 4-5 month period of being without your paperwork - if thinking of working, apply now while you have your BRP or sign up with a couple of employment agencies who themselves check your BRP, and will then offer you potential vacancies without you needing to present your BRP again.

And you never know! As I haven't heard from anyone else putting through a name change this last few months, it could be they lost my partner's and yours will take less time - but that's me being an unrealistic optimist!


----------



## shayonislynn (Feb 6, 2013)

Thank you for your quick responses! I cannot tell you how much I appreciate it 
I have also just checked that I can cancel my deed poll by getting a new deed poll with my maiden name (hence cancelling out my name change). Seeing as I haven't used my deed poll officially, do you think if I send a letter explaining to the UKBA that I have decided to cancel my name change, include the new deed poll (with maiden name), will it still be considered name change hence new BRP? God, I wish I hadn't listed to that solicitor who advised me to get one!


----------



## 2farapart (Aug 18, 2011)

Well, your solicitor was right - except time (as it always does to us all) conspired against you. Look into how long it would take to obtain a new passport first. If that's a relatively quick process, you are going to be fine (especially if you're travelling early in March because you would have the remainder of March and all of April using your current Deed Poll).

I wouldn't bother writing to the UKBA until you are ready to process your BRP(RC) as you'd likely only confuse them and they would insist on you submitting a BRP(RC) right then and surrender your documents anyway. If the worst happens and you're outside the 3-month time limit, then if your solicitor thinks it's fine to have another Deed Poll created, then do that and *if* (which I doubt) UKBA should query this because they have your old copy, just explain that you lost the first one. I really do doubt they will. They have better things to do and at least you are seeking to change your name correctly.


----------



## shayonislynn (Feb 6, 2013)

Thank you 2farapart! Hope you have a lovely weekend and thank you again for your constant support


----------

