jgab20

Hi, sorry if I am posting this in the wrong forum but I am not sure where to ask for advice on this issue.

My son was recently born in Spain and his Spanish birth certificate includes my partner's surname. For example, suppose my surname is SMITH and my then my son's Spanish birth certificate shows his surname as GARCIA SMITH where GARCIA is from my partner's surname.

I applied, online from the UK where I am working, for a passport for him with surname SMITH and asked for GARCIA to be added as his second forename (so in Spain his birth certificate shows his name as "firstname secondname GARCIA SMITH" and in England his passport shows his name as "firstname secondname garcia SMITH").

However, the passport office asked for an enrolled deed poll, statutory declaration or affidavit showing the change of name which I do not think should be necessary as GARCIA was only added because it was required in Spain to register his birth. They also asked for a literal birth certificate and official translation which I have since obtained.

I have not applied for a Spanish passport for my son as we reside in the UK. I am British, born in the UK. My partner is British and Spanish, born in Spain.

Because my son is in Spain, waiting for the passport to return to the UK, the passport office has now asked me to reapply by post using an overseas passport application form and asked for my father's marriage certificate (he is British born in the UK) which seems irrelevant to the application.

We need the passport urgently so my partner and son can return to the UK.

Q1. Would I be able to get a consular birth certificate in Spain showing his surname as SMITH and, if so, would this avoid the requirement for an enrolled deed poll?

Q2. How can I persuade the passport office that his surname is the same as mine and that my partner's name was only added at the insistence of the Spanish to register the birth locally? We are both British and resident in the UK.

Q3. If I have to obtain an enrolled deed poll to change his surname to mine are there any implications, apart from the delay, which would affect my son later because he might need to declare his name is not his birth name?

Q4. Why do they require my father's marriage certificate? He is unable to find this and this may cause an unnecessary delay.

Q5. It appears the application has been transferred to another office as they are now processing it as an overseas application. Will all the documents I sent in be transferred the the Northern Ireland office?

Q6. If I have to provide details of change of name which of these options is the best considering my son is stuck in Spain - enrolled deed poll, statutory declaration or affidavit?

BritInParis

Has the first application been refused or transferred?

jgab20

Thanks for the reply.

I received an email from the Belfast office saying to continue with my application they require an overseas address and they attached an overseas declaration form to be completed. This is a passport application form.

They asked for the Spanish literal (full) birth certificate which I now have and will send (along with the official translation which I already had done).

They did not ask for the proof of name change which was the UK passport office had previously written to ask for so I am not sure if they have accepted the name. The UK office had also previously asked for a Spanish passport for my son. I replied saying he does not have one and we do not intend to apply for one.

They asked additional for original copies of my father's birth and marriage certificates. I am unsure why they want these.

Before the online application was originally submitted the passport office told me that there would not be any issue with the name difference as long as I sent a covering letter to explain, which I did. They also told me to submit an online application.

BritInParis

Now the application is with the correct office they should enter your preferred name order with the Spanish name order as an observation. They need your father’s documentation because I suspect you were born after 1 January 1983 and therefore simply being born in the UK isn’t sufficient to make you a British citizen by birth.

jgab20

Yes, I was born after 1 January 1983.

I really appreciate your help!

BritInParis

No problem. If your father was born and your parents married in England or Wales then you can order new certified copies from the General Register Office and can look up the relevant index numbers at FreeBMD.

http://gro.gov.uk/gro/content/

https://www.freebmd.org.uk/

jgab20

Thanks again.

I tried the free search and I found the marriage entry but when I click on the glasses symbol I just get the same information displayed again under the heading ENTRY INFORMATION. It just repeats the volume and page number but does not give me a GRO reference number. I think I am doing something wrong.

I ordered the replacement certificate yesterday, without the GRO reference, but realized after I paid that it will not be despatched until the 26 January which is too late.

If I could find the GRO reference I would be able to get the certificate much faster. Alternatively, I will have to submit a fast track order at a cost of £42 which I understand will be despatched on the next working day even without me supplying the GRO reference.

jmin

Detailed information: https://www.gro.gov.uk/gro/content/c...images/CG4.pdf

Consider applying for your child's Spanish passport while you are waiting.

disco_unicorn

The volume and page number are part of it. If you start the GRO order form as if you have the GRO reference, you will see what you need.
"A GRO index reference number typically comprises of a year, a quarter and the
reference number that is shown in the indexes - for example 'March 1954 2a 222'.
The district name is also given a number and is shown as a “volume number”."

https://www.gro.gov.uk/gro/content/c...images/CG4.pdf

Good luck!

jgab20

Thanks jmin and disco_unicorn.

That's really useful information. I had a feeling I was doing something wrong!

I appreciate your help.