How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UKSolicitorJA Your Own Question
UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Immigration Law
Satisfied Customers: 4312
Experience:  English Solicitor and UK Immigration Law Expert
62162956
Type Your UK Immigration Law Question Here...
UKSolicitorJA is online now
A new question is answered every 9 seconds

My son has been to get his passport today, he has lost his

This answer was rated:

My son has been to get his passport today, he has lost his passport which expired in 2009, in 2000 we changed our family name by Deed Poll and he took a certified copy of that Deed Poll with him to the appointment in London Today. The advisor refused to process his application because they stated that the Deed Poll done by a local solicitor in 2000 was an illegal document also it was a certified copy of the original so also not a legal document.My husband and I used mirror documents in our own names for our own passport renewals in 2005 and 2010 respectively.The Passport & Identity Office gave him a "legal" Deed Poll that he was required to complete and return. This is very confusing I understood from the issuing solicitor (now retired) that a Deed Poll was a legally binding document in perpetuity and I cannot imagine that he would have issued an illegal document.I made complaint on his behalf to the P & I office this morning (my son suffers with ME and was very distressed by the experience, the advisor was very rude to him and refused to call a supervisor) also he gave them his credit card to take the fee and that was not returned to him before he left the building. The complaints officer called me later on and I could hardly understand what they were saying they had a very strong eastern european accent which was almost unintelligable and I had to keep asking them to repeat.Can you give any guidance on this please?
Hello,

Sorry to hear this.

I suggest you contact the solicitor about the deed poll and see what he says, if the document is not valid, then the passport office is lawfully allowed to refuse it. Your son may be issued a passport in his original name if that speeds up the process. He may then change it later on.

Thank you
UKSolicitorJA, Solicitor
Satisfied Customers: 4312
Experience: English Solicitor and UK Immigration Law Expert
UKSolicitorJA and 2 other UK Immigration Law Specialists are ready to help you
Hi
How old was your son at the time the Change of Name Deed was signed?
Claire
Customer: replied 4 years ago.
18
Hi
Just to check - he had actually passed his 18th birthday?
(its the only thing I can even begin to imagine could have been wrong)
Claire
Customer: replied 4 years ago.
His date of birth is 24 nov 1982 so he was 18 in the nov we did the deed poll earlier in January the same year
Hi
AH,
Was it countersigned by both the parents named on his birth certificate?
Claire
Customer: replied 4 years ago.
No it was a separate deed for Jeremy signed by Jeremy an,d the issuing solicitor signed as a deed by the said ....
HI
They are still in the wrong but at least I understand why now.
Essentially the issue is that this was signed before your son was 18.
Over the years the difficulties with regard to Parental Responsibility and changing of names means that the Passport office will not accept a Change of Name Deed for a child unless it is signed by both parents or there is a court order permitting the change.
In this case it was not necessary as anyone over 16 is allowed to change their name with or without Parental Consent.
This coupled with the fact that he took a Certified Copy (again they are very difficult on these) caused the problem.
You are in the right BUT bearing in mind how quickly he needs the passport the passport the obvious answer is to sign a new Change of Name Deed - it costs nothing and will achieve the result you require.
You can then follow the formal complaints process with the Passport Office - in writing!
Claire
Customer: replied 4 years ago.
Thank you a clear concise answer
Hi
You are welcome - I hope that he has better luck next time
Claire
Customer: replied 4 years ago.
Unfortunately we have had to have a new deed prepared as they would not accept it, the lawyer said that the format has changed requiring before and after signatures although the document we had was perfectly legal and it should not be necessary to change documents because there is a new "standard" however the Passport and immigration office are a law unto themselves and to get the passport issued ice had a no choice choice if u understand my meaning, so significantly the poorer he now has a document that will pass the test for the passport, the trick will be to get it pushed back quickly for a new appointment. I have made an official complaint and contacted my MP.
Hi
I feared this would be the only swift option - but the complaint could and should be followed up as they were wrong
Claire

Related UK Immigration Law Questions