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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Hi, I had recently applied for a Certificate of Entitlement

Resolved Question:

Hi,

I had recently applied for a Certificate of Entitlement for Right of Abode in the UK as my mother was born in the UK. However, I was refused on the grounds that my mother's name on her UK birth certificate is a different version from the one on her marriage certificate.

Also, her marriage certificate does not mention her 'after marriage' name which appears on my birth certificate.

I had provided copies of her Indian passport which match her date of birth, place of birth, father's name, mother's name from her birth certificate and her husband's name from the marriage certificate. Also, I had submitted my Indian passport which clearly mentions my parents' name.

In all the three versions of my mother's name, her first name is XXXXX XXXXX XXXX, her surname is XXXXX XXXXX in her birth certificate and her marriage certificate (under "before marriage" name).

My application was refused in spite of all the above evidence provided. I am currently preparing my appeal package.

What evidence can I provide to prove that the three versions of the name belong to the same person?

I've heard some US and Australia applicants say that a locally notarized affidavit declaring "one and the same person" is sufficient. However, I could not find any cases where people have used the same method for UK Applications (esp COE-ROA).

I'd appreciate any help with this matter.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Howard replied 1 year ago.
So the problem was that there was nothing to prove the change from her maiden name to her married name and thus prove that your mother was born in the UK.

Did your mother take her husbands name after marriage?

A locally notarized affidavit can certainly help and I would recommend getting that done but you are also likely to find that the appeal takes a more reasonable view of the situation if they are able to do so based on the balance of probability and the evidence supplied.
Customer: replied 1 year ago.

Sorry I wasn't very specific in my original question. Here is a better outline of my situation (names not mentioned):


 


Mother's name on UK birth certificate: S... V... N... A...


Here S... is my mother's first name and A... is her surname


 


Mother's name mentioned as 'before marriage' name in her marriage certificate: S... R... R... A...


 


Here the R... and R... were her father's middle names (as per local customs in our part of India- the father's middle names are XXXXX XXXXX his daughter's first name)


 


There is no name mentioned as her "post marriage" name (because when my parents married in 1984, it was not required to record this detail).


 


In her Indian passport and my birth certificate, her name appears as:


S... D... V...


 


Here the D... is my father's middle name (once again, as per local customs attached to the wife's first name after marriage)


 


The V... is her new surname that she took on after her marriage to my father. This is also my surname.


 


I hope I didn't complicate matters further?


 


Thanks for your quick response- I'd be grateful if you can provide any further suggestions.

Expert:  Howard replied 1 year ago.
So her name on her birth certificate and her pre-marriage name on the marriage certificate are also different? That would complicate matters even further. The notarized affidavit could be quite useful to clarify the situation. I think you can probably understand why the application was refused as the link is not beyond question. Her passport and her birth certificate will both confirm the same date of birth and part of the same name so that will help matters. Was the V your father's surname?
Customer: replied 1 year ago.

Yes, the V is my father's surname.

 

Also, is it possible for you to confirm that the parents' marriage certificate is required at all? I believe it is necessary if claiming through father but is it necessary if claiming through mother?

 

Thanks for your responses, sorry I'm dragging it a bit.

Expert:  Howard replied 1 year ago.
I think the marriage certificate is useful in many cases as it links the maiden name to the married name (husband's name being stated). Not so helpful in your case as the name is XXXXX XXXXX to your mother's birth certificate but it is worth including nonetheless. Use an affidavit to clarify the history and reasons and that the person is the same for all three names. Point out the date of birth on the passport and birth certificate along with the name similarities and reasons.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
Howard and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks for your suggestions. I'll pass them onto my advisor.

Expert:  Howard replied 1 year ago.
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