GSNR

Hi Amanda,

I thought I would get my change of name certificate now, as we still have some time before we can apply for citizenship. We are staying in Redland Bay which isn't all that far from Wellington Pt, would you mind telling me which office you went to for the change of name form?

Thanks
Shelley

mand8002

Hi Shelley

I downloaded the form from the internet. http://www.justice.qld.gov.au/bdm/
Once it is completed you can either post it or take it to the registry place in Brisbane. I took it as I did not want to run the risk of losing all the paperwork. The registry office is at 110 George Street so not hard to find.

Amanda

GSNR

Hi Amanda,

Thanks very much, I'll do the same, and also just take it there in person.

Thanks and all the best for your interview.

Shelley

JAJ

I have had a look at the Australian Citizenship Instructions and for naturalisation applications they say they want:

"Official evidence of any change of name since the last name accepted by the department as their legal name. This will usually be documentation issued by a State/Territory Registry of Births, Deaths and Marriages."

This suggests that those who have migrated to Australia in their married names do not need to get this document.

Also remember policy instructions are not law and cannot be applied inflexibly without reference to the circumstances. For example, if someone cannot get this particular document (for the reason that they have not lived in the state long enough) then they cannot refuse citizenship solely for that reason. It would not be upheld by the Administrative Appeals Tribunal.

It might be advisable to get this document anyway, in case it is ever needed for some other reason.

cubster

I've just run into this bizarre requirement when organising for my wife to naturalise. It gets better, tho. In NSW in order to get a Change of Name Certificate if you were not born in Australia or NZ you need, wait for it, a document from the Department of Immigration that shows your birth and immigration details. So ... in order to supply proof of name to the Department of Immigration for naturalisation purposes, a document from NSW BDM is required, which has used information from the Dep't of Immigration in the first place. That is completely pointless.

I've trawled thru the Citizenship website and associated legislation, and it is pretty clear that the minister can define whatever s/he wants for the form and identification to get citizenship. Of course, that doesn't mean the courts will accept it (viz Mohammed Haneef), but who wants to go through all that trouble?

I would have thought that the immigration officer has a reasonable amount of leeway in these things - the notes to the checklist on the application form say "If you cannot supply the documents request, please discuss your circumstances at your interview". Has anyone here been rejected for not having the change of name form?

- Simon

JAJ

Once again. Did your wife change her name since last being granted a visa? Or did she obtain a visa in her married name?

In the latter case, re-reading the previous post (post #25) is recommended.

cubster

I did see that, but can't find any reference to it online. The appointment confirmation email is very specific:

"If you have changed your name from that on your birth certificate, you must provide Australian official evidence of all name changes"

I have also just called the infoline (after a little trickery to make the phone system think I wasn't in Sydney and avoid the APEC Holiday ) and they confirmed that the Change of Name Certificate is required even when the permanent residence was granted in a married name. They expressed surprise that NSW BDM would not accept the visa label, but said that a Certificate of Permanent Residence can be given on the spot - for a $75 fee - and doesn't require proof of name change. When I pointed out some of the situations where the Proof of Name Change requirements conflict with DIMIA's like being overseas, the operator said "You can only apply for citizenship in Australia", so who knows if she is correct about the rest. What she did say is that the documentation can be provided after the interview - so I figure we try and go in without the Proof of Name Change certificate and see if the immigration officer will apply some common sense after all. Worst case is we get the documentation afterwards and send it in. We'll probably have to do that for the police clearance, anyhow.

Regs,

- Simon

Plug

Hi Mand - can I ask how much you were charged and will my Mrs need to attend in person, or can I take all the paperwork along as I'm in the CBD every day?

JAJ

The quote is from the Australian Citizenship Instructions, which are not publicly available online (they're not secret either, incidentally - a major library may have a subscription).

Advisors on "helplines" are often poorly trained and in particular, the skill of "looking it up" is often in short supply. Ring them back and ask that they look up the Citizenship Instructions (ACIs), the quote above is straight out of chapter 12. If they don't know how to use the ACIs then ask to speak to a supervisor.


That information is totally wrong.

Applications from overseas are being made all the time - for resumption of Australian citizenship, Australian citizenship by descent, and even conferral (grant/naturalisation) under the new special provisions of the Citizenship Act dealing with certain situations (eg Papua cases).

If you get serious hassle from DIAC then the option is always there to appeal to the Administrative Appeals Tribunal. You can also write to your federal MP and ask him or her to raise the issue with the Minister.

cubster

Thanks JAJ. I am just trying to avoid yet more paperwork hassle, not to mention $200. I don't think I'd go so far as taking it to the AAT - a letter to my MP is a good idea tho.

- Simon

cubster

I found the ACIs online

http://www.citizenship.gov.au/_pdf/aci/

Chapter 12 is now about National Security and makes no mention of official evidence of change of name.

Chapter 9, Attachment A makes reference to proof of change of name and reiterates what we have already seen. However, it is referring to Certificates of Evidence of Citizenship. The intention of this requirement was surely the circumstance where someone naturalises, subsequently gets married overseas and wants evidence of citizenship in their new name. Taking a look at the new passport application form appears to bare this out - that also requires a Change of Name cert from an Australian BDM unless you are applying from overseas (note to anyone getting married in the UK and returning to Australia; get your name changed in your passport from the High Commission in London and save grief when returning!)

I can understand why DIAC (their new name, eh?) don't want to have to deal with all the various BDM formats from around the world. But, this still seems like a particularly stupid piece of bureaucracy.

Regs,

- Simon

mand8002

I paid the $91 for the name change and then $67 to have it processed within 5 working days. You would be able to take it in as you can post it in. I took it in as I did not fancy it getting lost in the post. The benefit of taking it in, in my opinion, is that they check off all your documentation there and then so you know if you have lodged everything they need.

Amanda

JAJ

I meant Chapter 11, not Chapter 12.

For some reason the full ACIs (which are subscription based) do contain information on evidence of change of name (quoted) and this information is missing from the version on the website.

cubster

My wife had her interview last week, and I can confirm that our UK Marriage Certificate was accepted. Actually, the immigration officer just ticked the form without looking twice. I wasn't brave enough to query "So, we don't need a cert from BDM then?"

- Simon

mand8002

It must depend on who you get then, as when I went for mine he said "I am glad you have your certificate of name change as I wouldn't be able to accept your UK marriage certificate"
He asked me how long it took to get the certificate so he could tell anyone going in for their interview without one.