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  1. #1
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    UK British Citizen and Dual Nationality Help Please

    Hi Everyone

    I arrive in the UK on a spouse visa
    I received my indefinite leave to remain in the UK November 2009

    I think I am eligible to apply for British Citizenship in November 2010

    I got my first Visa in Manila which was the 6 month Visa
    And then when I arrived in the UK after my marriage I got my second Visa which was a 2 year Visa the Limited Leave to Remain,
    My 3rd Visa was my indefinite leave to remain which was November 2009

    I have a few questions that hopefully someone will know the answers to and maybe someone has just experienced applying that can help?

    1) what is the cost of applying for British Citizenship
    2) Is it called the AN form that I need to fill in to apply
    3) If it is the AN form which is the latest form
    4) When I received my documents back when my indefinite leave to remain was approved my passport was stamped but my passport does not have my married name, it is still in my name before I married a British man, is this correct? It is like the British Embassy has not recognised my name change after I was married, they have given me indefinite leave to remain in my Filipina name.
    5) When do I get my married name on any document? Would it be on the British Citizenship? I would need my married name to apply for my British Passport.
    6) I would like to have dual citizenship for UK and Philippines, is this an easy thing to do? How do you get it? Would anyone recommend to have this or not to have this?

    If anyone can help and advise it would be much appreciated.

    Salamat


  2. #2
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    Just on point 4 and 5.

    In UK a woman is not obliged by any law to change her name on marriage. Thus if she wishes to keep her maiden name that is no problem (except that one may need to explain it to those who mistakenly believe one must must assume their husbands' surname). Doing so is merely tradition.

    Generally on the point of changing ones name.

    I have mentioned several times that under UK law, as long as it is not for a fraudulent reason, one can change their name (first and surname) at any time, by just deciding to use the name. There is a common mistaken belief that if one does so, it must by registered by a Deed Poll, this is not so.

    I changed my name 25 years ago, no legal process involved. Every piece of paperwork I have (except for birth certificate, which cannot, normally, be changed) is in my 'new name.'


    I hope you will get advice on the other points from someone wroth first hand experience.


  3. #3
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    I would strongly suggest that you check the UK Border Agency website. This contains all the information you need concerning Naturalisation.
    Also the AN form is there and you can download it along with all the guidance notes.
    I think the fee is still GBP735 but I can't remember if this includes the Citizenship ceremony fee.
    Important thing is to really check out their website as if you do not comply you will not get any refund if your documents or qualifying status is incorrect.

    First important point is that you must have passed Life in the UK test. When you have done this you will receive a certificate. The test costs about GBP35 I think. If you do not pass first time you can take it again and again until you pass. You cannot apply for citizenship without this.

    When your application is approved you need to attend the Citizenship Ceremony
    where you will receive your naturalisation certificate.

    Once you have this certificate you are able to apply for a British Passport (If you want)
    The British Passport also has to be paid for and you may be requested to attend an interview.(My wife was requested to but it was not a big deal)
    Also you can fix up an appointment at the Philippine Embassy for your Oath Taking to re-aquire your Philippine Citizenship (Dual Nationality). Again you will be presented with your Certificate.

    You should check out this website also to be sure you understand the regulations and process. My wife had a British Passport and Philippine passport, when she applied for her Dual Nationality they cancelled her existing Phil passport and asked her to apply for another!! She did not do this immediately. When we recently visited Philippines she presented her British Passport, Phil Nationality Certicate, Marriage cert and Birth Cert to immigration in order to have Balikbayan stamp for me.

    Terpe


  4. #4
    Moderator joebloggs's Avatar
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    but once you get your naturalisation cert, i dont think you can amend your surname on that cert under any circumstances or anything else once you receive the cert, its probably wiser you get your surname changed so it reduces the risks of any problems in the future.
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  5. #5
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    Quote Originally Posted by joebloggs View Post
    but once you get your naturalisation cert, i dont think you can amend your surname on that cert under any circumstances or anything else once you receive the cert, its probably wiser you get your surname changed so it reduces the risks of any problems in the future.


    If anyone wants to change their name in UK there is NO LAW which says you cannot. I would assume if one were in the middle of some legal process then it might cause some confusion, but that should not stop anyone who wants to from doing so.

    Joe, if you are sure you are correct would you please quote the legislation which says that, as I would like to investigate it.

    As I said, I changed my name (when I was a serving police officer) so I did research it pretty thoroughly, but of you know I am wrong I'd appreciate the info. Thanks.


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    Here are the key issues from my experience:-

    1. When you take the Life In UK Test your application should be supported by acceptable ID documentation (depends on individual circumstances) but he name on the supported ID will be then used and duplicated exactly on the pass certificate.
    2. When you apply for British Citizenship you must use the same name as that previously used for the test (which appears on the Certificate). So you need to be very consistent to avoid problems.
    3. When you receive approval for British Citizenship, the letter from UK Border Agency will include the same name as has been used all through the process.
    The letter will tell you that you must attend a citizenship ceremony and how you must arrange this.
    It will also tell you exactly what personal details will appear on the certificate
    Full Name
    Name at Birth
    Date of Birth
    Place of Birth
    The relevant issue is that they will also tell you that you if you need to change any of these personal details you should first attend the ceremony, then return the certificate for amendment together with your passport or birth certificate as evidence of the correct details.

    Means that applicants need to be sure their supporting documentation is totally consistent throughout the whole process. There is some possibility to change the name (or other details) on the naturalization certificate, but your passport (or birth certificate) is mandatory evidence.
    The name on your passport should always match your legal name. So if your name changes you need to get your passport reissued in your new name.

    Johncar54 is perfectly correct regarding name changes. However, when applying for a passport additional evidence of the change of name is required. The evidence required varies depending on the purpose for which it is needed and can include:-
    a letter from a responsible person
    a public announcement
    a statutory declaration
    a deed poll.

    Terpe


  7. #7
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    Whoops! I should have made it much clearer that for a name change due to marriage the marriage certificate is good enough.
    Terpe


  8. #8
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    Quote Originally Posted by Terpe View Post
    I would strongly suggest that you check the UK Border Agency website. This contains all the information you need concerning Naturalisation.
    Also the AN form is there and you can download it along with all the guidance notes.
    I think the fee is still GBP735 but I can't remember if this includes the Citizenship ceremony fee.
    Important thing is to really check out their website as if you do not comply you will not get any refund if your documents or qualifying status is incorrect.

    First important point is that you must have passed Life in the UK test. When you have done this you will receive a certificate. The test costs about GBP35 I think. If you do not pass first time you can take it again and again until you pass. You cannot apply for citizenship without this.

    When your application is approved you need to attend the Citizenship Ceremony
    where you will receive your naturalisation certificate.

    Once you have this certificate you are able to apply for a British Passport (If you want)
    The British Passport also has to be paid for and you may be requested to attend an interview.(My wife was requested to but it was not a big deal)
    Also you can fix up an appointment at the Philippine Embassy for your Oath Taking to re-aquire your Philippine Citizenship (Dual Nationality). Again you will be presented with your Certificate.

    You should check out this website also to be sure you understand the regulations and process. My wife had a British Passport and Philippine passport, when she applied for her Dual Nationality they cancelled her existing Phil passport and asked her to apply for another!! She did not do this immediately. When we recently visited Philippines she presented her British Passport, Phil Nationality Certicate, Marriage cert and Birth Cert to immigration in order to have Balikbayan stamp for me.

    Terpe
    Just to point out if you have taking the citzenship test when applying for ILR you dont need to retake for Citzenship.

    Again once you got the British passport its worth reaquring your Pinoy passport as technically it appears from the Phill embassy in the Uk your rights are very much restricted once a British citzen in phill compared to when you was simply a Phill. These may or may not affect you but if you can afford the time and effort to re aquire it would make sense. As it takes some time to do and who knows what the future beholds..
    Oh lord why did you make so many clothes and shoe shops


  9. #9
    Moderator joebloggs's Avatar
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    i said you cannot change the name on your citizenship certficate, i didn't same you can't change your name by deed poll
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  10. #10
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    My wife is currently applying for British Citizenship and will then apply for a British Passport.

    I think there may be some aspect of her potential Dual Nationality that I do not fully understand. Yes I know of the requirement (?) to notify the Philippine Embassy and I believe she will then need a new Philippine Passport. Is that correct?

    My question is what is to prevent her maintaining her current Philippine passport in addition to a British passport? At least until it is due for renewal. In the Philippines she would then have Philippine Nationality and elsewhere she could by choice be a British National.


  11. #11
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    Jimbo
    When your wife receives her British Passport she will also have her Philippine passport. Means she can travel anywhere on whichever she chooses. She may choose to leave and enter UK on her British Passport and enter and leave Phils on her Phil passport. Both remain valid travel documents. But in principle of law she no longer retains all the legal benefits and privileges of Philippine citizenship.

    However, she may decide to apply for Philippine citizenship retention/reacquisition.
    This entails going to the Philippine Embassy in person in order to take the oath of allegiance and receive her certificate.
    Be prepared that her current Phil passport will be cancelled prior to her oath taking and she will be asked to apply for a new one. I suggest that this would be advisable. So be prepared with photo’s and documentation.
    When my wife did her oath taking we were not aware/prepared for new passport application and had time constraints anyway.

    My wife still did not yet renew her Phils passport although we have visited the Philippines.
    If your wife decided not to get her new passport she would need to take her Certificate of Oath of Allegiance as proof of Philippine citizenship when entering the Philippines. If you enter together you will still be able to have balikbayan stamp. Your wife will enter on her British Passport. The Certificate of Oath of Allegiance is not a valid travel document.


  12. #12
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    Quote Originally Posted by joebloggs View Post
    I said you cannot change the name on your [/COLOR]citizenship certificate, I didn't say you can't change your name by deed poll
    I don't want to be picky but one does not change their name byDeed Poll.

    Deed Poll is the registration that they have changed their name.

    Having changed ones name, one may choose to register the change, doing so, or not doing so, does not make it 'more or less legal.'


  13. #13
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    Terpe

    Thank you for clarifying the procedure.
    Although my wife (and I assume most Filipinos) instinctively wants to retain her Philippine passport it seems that a Certificate of Oath of Allegiance is the key to her retaining dual nationality.


  14. #14
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    Jimbo
    Check out the Philippine Embassy in London website. They have some good info on Dual Nationality and some downloadable forms.
    The new Embassy is very easy to get and is really quite well organised.
    Important Tip: Be sure to check latest passport photo requirements


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