ILR / Divorce / Name change

[bbbuk]

Hi,

My girlfriend has her ILR and i seperated from her English husband. She will be getting a divorce soon. My question is, after her divorce she would like to change back to her maiden name, so is this difficult?

She was originally married in thailand to an englishman and her thai passport has her married surname on it. And that passport has the ILR visa stamp on it.

Any help or advice would be greatly appreciated.

bbbuk

[bristolgeoff]

one of the visa experts will give you the right answer.

[sumrit]

In the UK she can just use whichever name she chooses. Not sure if she can change the name in her Thai passport at the Thai Embassy in the UK though. As far as I'm aware she would need her ID card in her maiden name first and that can only be done in Thailand, but I stand to be corrected.

My thirteen year old stepdaughter has her father's family name and her Thai passport and settlement visa are in that name, but once we got to the UK she wanted to use my name and that's what she has done, without changing anything 'legally'. She just uses her fathers name as a middle name and my surname. Everybody (school, doctors, hospital, bank, etc.) has just accepted that as her name without question, or the need for any documentation. The bank wanted to see her passport, as they do with all foreigners opening an account, but were happy to put her account in her 'UK' name. The only time we have to use her Thai name is when we're buying plane tickets (to match her passport).

[bbbuk]

Thanks for your advice there that sounds quite logical.

Her ID card in thailand is also in her married name. So if she needed to change her ID card and passport back to her maiden name, can she do that using the UK divorce papers as proof?

[Tobias]

bbbuk, the only proof of her 'change of name' that she will legally require is her final divorce paper - if divorced in the UK, her 'Decree Absolute'.

Sumtit, I see what you say, but your step-daughter has not had her newly 'assumed' name legally recognised.

[bbbuk]

Thanks tobias. If she changed her ID card back to her maiden name, would she be required to change her passport also? And if so what are the implications for her ILR stamp? that was issued in the UK. (her passport has 3 years left on it).

[Tobias]

I cannot answer your question about the Thai passport and ID card (although I would think these would probably have to be in the same name). As far as her ILR is concerned, no problem at all. She simply produces her Decree Absolute to prove her change of name if the issue is ever queried (unlikely) by any authority or if she decides to be Naturalised as British..

[bbbuk]

Thank you tobias and sumrit you have been a great help. I just wish we didnt all have to get buried in moutains of paperwork and documents!

[Gary & Nok]

Perhaps thinking forward a bit she will have to go through the process again.

Why not persuade her to keep things as they are and change her name when you marry her

[bbbuk]

Ah yes, wise words, thank you Gary & Nok

[Tobias]

... Why not persuade her to keep things as they are and change her name when you marry her

... and nothing preventing her from using her maiden name until then, save for booking flights.

[Vinny]

Her ID card in thailand is also in her married name. So if she needed to change her ID card and passport back to her maiden name, can she do that using the UK divorce papers as proof?

She should probably get certified translations of her UK divorce papers. Alternatively, see also Application to use a Shared Last Name.