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Andrew
Andrew, Barrister
Category: UK Immigration Law
Satisfied Customers: 28
Experience:  Over 10 years specialist expertise in all aspects of Immigration Law.
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Im South African and eligible for an ancestral visa on my

Customer Question

I'm South African and eligible for an ancestral visa on my mothers side. I have her original birth certificate as well as a copy of my grandfathers from the uk records office.

My problem is that my grandfathers surname name was changed by his father when he was a boy so the surname on his birth certificate differs from that on my mothers birth certificate (first and middle names are XXXXX XXXXX). I believe that there was no legal requirement to register change of names at the time so not sure if I could get documentation to prove this. My mother is on a british passport although wasnt born in the uk.
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Andrew replied 6 years ago.

Andrew :

Hello and thank you for your question,

Andrew :

I'm afraid that I do not know whether or not there was a requirement to register change of names at the time such that either your great grandfather or your grandfather was required to register the change of name. But I cannot see that it would matter significantly where your mother is alive and in the UK and presumably prepared to give evidence that the person named on your grandfather's birth certificate is the same as the person named on her birth certificate. For the purposes of immigration rule 186, which is that which would be applied, it is usually necessary to obtain, as you have, all the necessary marraige and birth certificates to show the connection.

Andrew :

Were the ECO or as the case may be the UKBA to dispute the connection between yourself and your grandfather, no doubt your mother would be able to provide evidence on this issue. And it would be best for her to do so prior to the application being made.

Andrew :

Even if he, unlike perhaps your great grandfather, was required to register the name change on reaching majority, the important thing to establish is that regardless of him not having done so, there is sufficient evidence to establish that the person so named is more likely than not to have been the same person named on your mother's certificate.

Andrew :

I hope you have found this of use and if so, could I ask that you click accept so that not all of the money that you have paid remains with the site. Many thanks

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