chocciecake

I hope someone can help me!
I am in a complete state of panic now!
We are booked to travel on the 18th December.
I am currently living in the UK with and Indefinite Leave to Remain visa.
It is in my passport with my maiden name.
I have applied for British Citizenship and was told by the UK Passport office that I needed to change my Aus passport to my Married name BEFORE they will issue my UK citizenship and passport, otherwise i would have to have them both in my maiden name and would not be able to change it afterwards (why the hell, I don't know, as surely I could then have sent that passport in with a marriage cert and get a new one, but the lady said absolutely not) I also told her I was travelling, and she said to make sure to take my marriage certificate with me and that was fine.
So ages ago, i booked the appt in london to go down to get my new passport and the wait was 4 weeks- it just came back.
Anyway, while there as he was snipping my passport with the visa, he told me to check with the Home office in the UK as I am travelling at xmas!
I have been sitting on hold with the Home office for over 2 hours so far without an answer, but have been googling, only to find that if my name has changed , I must replace my visa with a biometric residence permit if my stay is over 6 mths.

So it seems I cannot just use my old passport with the visa at the border to get back in and show my marriage certificate.
It takes 6 MONTHS to get a new visa, or £839 for a fast track one which I cannot afford.
I will also have my British passport by then anyway so won't even need one!
It seems I am completely stuffed!
I am legally allowed to stay here and did nothing wrong and followed advice and now am in a complete pickle!
Adding to that my Dad is old and was just in Hospital with an 80% occlusion in his arteries, and not well at all, so if i cannot leave the country for the next 6 mths because of this, i am in trouble if he goes down hill!

I don't know what I can do?
Does anyone know what the deal is?

BritInParis

So have you actually lodged an application for naturalisation or not? Why was HMPO giving you advice about naturalisation? Do you have a link to the information you’re reading?

chocciecake

The application is not lodged yet, but all filled out online.
I had to wait to get the Aus passport in my married name before i could lodge it, as once you pay for the application, you have to go to one of the centres within a short time frame to get all of your ID checked, so the passport had to be done first.
Then i was going to lodge online for the joint naturalisation/ passport service (can't remember what it's called) and go and do that.
Naturalisation takes up to 6 mths, so it will be along time before I can get that.
I don't know why the lady at the passport office told me that, and I am kicking myself now that my phone wasn't recording the conversation!
Because of that, I am in this pickle!
Like everything else i thought it would be fine with my marriage certificate as the Tax office and everyone else in the UK has always known me by my married name, it's just my passport that was in my maiden name, because that is what it was in when we got married and after we moved to the UK, the visa was placed in that passport.
because of the high cost to change the visa over, i just left it as it was fine to use to travel.

The bottom paragraph of this link is what i read that said that I must change it. https://www.gov.uk/transfer-visa
"

Your name or personal details have changed

You must replace your visa with a biometric residence permit if your overall stay in the UK is longer than 6 months and any of these details change:

• name"

BritInParis

I'm still not entirely clear why you were on the phone to HMPO when you are not a British citizen yet. In any case it seems that the only two real options you have are either to postpone your flights long enough to naturalise and obtain your British passport or travel anyway and be prepared to face a grilling/dressing down on your return to the UK.

chocciecake

I have since been informed on an immigration board, by a number of people that it is totally fine to travel and is done all the time.
I will not get into trouble.
i just need to bring the old passport with the IDL vignette in it, my new passport, and my marriage certificate.
As IDL is not a visa, but a status that i am entitled to, i onnly need to prove I am entitled to it.
They also suggested bring the payment slip and Citizenship application acceptance forms printed out for good measure.

BritInParis

That’s not quite right but, yes, I don’t think you will be prevented from entering the UK.

chocciecake

I rang UK Border security at heathrow today to double check (and it's recorded) and he said Yes, that's ok, just bring all my ID and documents and that will be fine.
At the very most they may have to take me aside for a few minutes to verify the status, but that is all.
Thank you for you help.
I appreciate it.