A Virtual Prisoner in Australia

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Buzzard

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A friend of mine is a virtual Prisoner in Australia as ATM she is unable to obtain a passport from any country.

Born in England in 1952, when she was 2 or 3 years old her parents assumed a new surname. It is well documented that many people in the UK have done this for one reason or another and there are no official records to substantiate said name change. The 1950’s were a different time too when such changes were simply accepted.

In the early 1960’s her mother obtains a passport in her new assumed name. Unlike today, registered name change documents are not required. During that time children don’t have or need a passport, mother simply writes her children’s details in the passport and has the entry stamped by some authority or whatever. Said children now travel overseas with their mother, all on the one passport. So in the mid 60’s the family travels to Australia as Assisted Migrants and a Permanent Resident Visa for mother and her children is rubber stamped in the mother’s passport. Father has his own passport and visa.

Jump to 2015 and my friend now decides she wants Australian Citizenship and passport so she can do a bit of travel. Let the fun begin!

Twice applied and twice refused, her application will not be approved unless she can show/prove how she went from her birth name as per her British BC to the name she travelled on to Australia, the name in her mother’s passport that contains her Permanent Resident Visa. This is simply not possible as the name was assumed and never recorded. Asking somebody whose parents are deceased to now prove something that occurred 60 or so years ago when she was an infant seems somehow ridiculous. Every document she has is in her current married name, marriage certificate, medicare card, tax file number, property deeds, drivers licence, you name it she has it. Even worked for the Queensland Government for 30 something years.

So why can’t she obtain a British Passport you ask? Similar story. She simply cannot prove she is the person whose name appears on her birth certificate as this is her one and only document that bears that name. The British Passport Office refuse to issue a passport unless she can prove she is that person. Much like when you apply for an Australian PP you need to show ID such as Medicare Card and Drivers Licence etc.

She did attempt to change her name from what is on her BC to what it is now but BDM refuse to do it as they cannot change a name from something that it is not (her birth name) to something that it already is (her married name), they can only register a change from what it is to something else.
 
Stat Dec not enough? Legally bidding document that explains the change as per the standards of the time?

Otherwise, they are saying that she is really the person named on the birth certificate. Therefore Oz Citizenship in the birthday certificate name? Of course, that creates the problem of not being allowed to live here.

Otherwise, get married. Name change then allowed from birth certificate name. Passport in married name. ;)
 
It may be a dead end, but your friend could try a name search on the National Archives website:

National Archives of Australia (Name Search)

I was able to locate my own immigration record, by inserting my father's details and then refining the search.
 
Has your friend sought assistance from their Federal MP? They should be able to cut through the bureaucratic mess and get a resolution.

At the very least they will provide guidance on the best way to prove citizenship which will enable the issuance of a passport.
 
Stat Dec not enough? Legally bidding document that explains the change as per the standards of the time?

Otherwise, they are saying that she is really the person named on the birth certificate. Therefore Oz Citizenship in the birthday certificate name? Of course, that creates the problem of not being allowed to live here.

Otherwise, get married. Name change then allowed from birth certificate name. Passport in married name. ;)

On her second attempt she submitted an affidavid outlining the circumstances. Rejected :shock:
As she can not prove that she is the person on the birth certificate nor can she show that the person on the certificate entered Australia, Citizenship in that name won't work either.

It may be a dead end, but your friend could try a name search on the National Archives website:

National Archives of Australia (Name Search)

I was able to locate my own immigration record, by inserting my father's details and then refining the search.

The National Archives show the details of the family arriving but there is no record or mention of the birth name, just the names on the passport used to enter Australia ie the assumed name.
 
Do the cheap things first.
So visit their MP to see if strings can be pulled.
Visit a JP.This is free.Get a Stat Dec and ask their opinion on what might be done.
If still living in QLD this gives some links to free legal advice-
Legal advice - Queensland Courts
 
On her second attempt she submitted an affidavid outlining the circumstances. Rejected

That doesn't surprise me at all, as affidavits are only valid in existing court proceedings. If there are no court proceedings it has to be a stat dec. Quite possibly it got rejected because of the incorrect format, without the contents being looked at.

Buzz I still think what I have previously told you about this.
 
Has your friend sought assistance from their Federal MP? They should be able to cut through the bureaucratic mess and get a resolution.

At the very least they will provide guidance on the best way to prove citizenship which will enable the issuance of a passport.

I did suggest that via the local Federal MP might have to be the way forward.

Talk to an immigration lawyer?

True too, but with limited funds this could be prohibitive.

Below is an extract from the Citizenship application. Section 2 is the sticking point. She can show a name change from her arrival name to her married name just not from her birth name to her arrival name.
View attachment 53610
 
Can she do a name change from her current married name to her birth name? Then get relevant photo ID and with the original UK birth cert then get a British passport?
 
Can she do a name change from her current married name to her birth name? Then get relevant photo ID and with the original UK birth cert then get a British passport?

Yes, she could actually do that.
The reason I don't think she wants to is because of the need to then change "everything" to the birth name. Certainly there would be quite a bit of expense involved. And would there be an issue obtaining a Resident Return Visa as there is no evidence of this person ever coming to Australia?
 
My Uncle emigrated here from England in 1952. He had served in the British Army during the war and still had all his army papers, etc. In the 70s he applied for a new passport, in order to travel back to the UK on holiday. He went through so much rigamarole as they could find no records of him here or in the UK so declared he didn't exist! Many years ago now but I remember it caused a great deal of angst and months to resolve.
Your friend myst wonder if she's in a Monty Python sketch or has strayed into a chapter of "Catch 22"
 
Can she do a name change from her current married name to her birth name? Then get relevant photo ID and with the original UK birth cert then get a British passport?
My brother is in an extremely similar situation although it is his first name was changed slightly and no longer matches his birth certificate. The quickest resolution I could find after some research was to change his name via deed poll in the UK.
 
My brother is in an extremely similar situation although it is his first name was changed slightly and no longer matches his birth certificate. The quickest resolution I could find after some research was to change his name via deed poll in the UK.

Yes, I did think of that but for a male it is probably simpler than for a married female. I say that because my friend has effectively changed her name twice, once assumed then by marriage. So if she changes her name in the UK to her assumed name, then she still has no ID in that name as everything is in the married name. If she changes her name in the UK to her married name how does she prove her permanent residency as it is in her assumed name? Whichever way she goes their will be a missing link in the chain.
To change your name in the UK, wouldn't you still need some evidence you are that person such as some sort of valid ID? If you don't need evidence then couldn't I change anybody's name to anything I wanted it to be without that person even knowing about it?
 
A pretty good friend from school is an immigration agent. If you want I can provide contacts stuff off line.
 
What a sad story.

And I thought I had problems with a birthdate that is wrong.

I was born on a Sunday. My dad went to declare the birth on a Monday. This was the date recorded as the date of birth. I have always been going with my original date of birth.

We arrive in Australia as kids and we are under mums passport.

Fast forward to 1981 when I went get a drivers licence. Has to be the date of birth that is recorded on birth certificate. Passport issued in 1990 also has the wrong date of birth.

In the early days all my bank accounts are in the original date of birth. Tax records. Medicare records. Superannuation records. Most credit cards are also in the original date of birth as I hate using the wrong date of birth.

There have been a few mixups along the way but cannot change it. You can change everything except for your date of birth. How silly.
 
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I too am in a similar situation, born in 1958, my mother remarried in 1962, at that point I assumed my step-fathers surname. came to Australia in 1966 as Assisted Migrants all on my step-fathers "document of travel" grew up using my assumed name, got a license, work, unemployment benefits etc. until I got married at 23, when I decided to revert to my birth name, as it was never changed "officially" I just started using that name and changed all my ID to reflect that, no problem there, I also thought I was on my mother's Australian Citizenship papers but it turns out I'm not. I want to travel back to the UK next May and I think I am running out of time. I need to get my Aus Citizenship so that I can get a passport. I intend to see my local MP on Monday but I am getting frustrated with being handballed around Gov depts when I try to find information, I would love to sit down with someone, with all the paperwork that I have and work out what else I need and who/where to get it from. I am in Victoria, Mornington peninsula if anyone know someone who could help me locally .. Cheers
 
In such complex situations a migration agent or lawyer is probably the best way forward notwithstanding the expense.
I also have a good friend who is a migration agent if anyone would like the details send me a private message.
 
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