Name change after permant resident visa granted

[leajk]

Hey

I have now been living in Queensland for nearly 4 yrs and will soon be able to apply for citizenship. 

I came here with my partner on a skilled visa 189 ,we were married and it was my partners skills that got us the visa. 

We have since separated and my partner has returned to the uk .

does anyone know if our separation could affect my visa and application for citizenship? 

Also when I do get my citizenship certificate I would like it to be in my maiden name. Does anyone know if this is possible or if I should get it in my married name then change it at a later date ? 

Also are my birth certificate and marriage certificate from the uk valid documents to revert to my maiden name ? 

TIA for any info given , tried google but not clear 

 

[Marisawright]

Although your partner's skills were used to apply for the visa, you now hold the visa in your own right, so divorcing makes no difference. 

I'd suggest changing your name first, before you apply for citizenship. Otherwise you'll be stuck with a citizenship certificate in your married name forever.  It will also be more of a rigmarole when you want to apply for an Australian passport.

I'm not sure what you mean by the certificates being enough.  To change your name in Queensland, here's the procedure you must follow:

https://www.qld.gov.au/law/births-deaths-marriages-and-divorces/changing-your-name/changing-your-name

You need to prove your current name (which the UK birth and marriage certificates will do) and then you need to explain why you want to change it.  I'm not sure you need much evidence, but if you do, then maybe a statement from your partner or solicitor stating you're separated. I got divorced so I submitted my divorce papers.

[MaggieMay24]

I went the opposite direction - married after I arrived and was working on a 457 visa.  Applied for PR on my previous name since that's the name still on my Canadian passport.  When I applied for citizenship, I need to submit the application still in my previous name but they noted in the system my new married name and the citizenship certificate is in my married name.

[leajk]

Thank you . For your reply’s 

my comment about my uk birth and marriage certificates being valid documents in Aus were in relation to being able to just change my name back to my maiden (like when you married) without an official name change as such. 

So MaggieMay24 you didn’t do a legal name change that you had to submit ? 

[Marisawright]

4 minutes ago, leajk said:

Thank you . For your reply’s 

my comment about my uk birth and marriage certificates being valid documents in Aus were in relation to being able to just change my name back to my maiden (like when you married) without an official name change as such. 

When I changed my name back to my maiden name, I had to submit my decree nisi (divorce certificate).   

When I got married again (ten years ago), and changed my name again, I had to submit my marriage certificate.

That was the case everywhere - banks, etc as well.  

So I'd be surprised if they will just take your word for it.

[leajk]

Yes when I got married in the uk I just showed my marriage certificate wherever I needed to change my name.I didn’t have to do an official name change registration and pay a fee.

I know that if I was still in the uk I could just show my separation agreement to change back to my maiden name, again without registration /fee.

I know I could do the same here if I was married and divorced in Australia but not sure if I can if I was married in the uk. 

So with your previous link I assume you are saying I have to formally register my name change and pay the fee because the marriage was not registered in Australia ? 

Sorry just trying to get my head around it . I would prefer to get it sorted before citizenship unless I can just show my seperate agreement and original birth certificate at the citizenship interview to it will be issued in my maiden name.

[Drumbeat]

I was married in the UK and changed my name back to my maiden name while in Australia as soon as we separated as I needed a new UK passport. Call the Citizen Advice bureau (or whatever they are called now), I was advised I could revert to my maiden name whenever I wanted. I just showed my birth certificate at the bank etc.

[Marisawright]

40 minutes ago, leajk said:

Yes when I got married in the uk I just showed my marriage certificate wherever I needed to change my name.I didn’t have to do an official name change registration and pay a fee.

I know that if I was still in the uk I could just show my separation agreement to change back to my maiden name, again without registration /fee...

So with your previous link I assume you are saying I have to formally register my name change and pay the fee because the marriage was not registered in Australia ? 

No, I'm saying you need an official document to prove that you have changed your name.

I didn't know there was such a thing as a "separation certificate", so if that's a legal document then I imagine that will do the job. 

[Nemesis]

7 hours ago, MaggieMay24 said:

I went the opposite direction - married after I arrived and was working on a 457 visa.  Applied for PR on my previous name since that's the name still on my Canadian passport.  When I applied for citizenship, I need to submit the application still in my previous name but they noted in the system my new married name and the citizenship certificate is in my married name.

Mine was very similar, I was getting divorced and wanted the citizenship certificate in my maiden name instead of my married one, which was on the visa. 

I just asked at the interview, they made a note and I got the certificate in my maiden name 

[leajk]

Perfect... I think I will do that. Once I get my interview ask them for citizenship in my maiden name, 

thank you all for your responses

[Tulip1]

9 hours ago, Marisawright said:

No, I'm saying you need an official document to prove that you have changed your name.

I didn't know there was such a thing as a "separation certificate", so if that's a legal document then I imagine that will do the job. 

Never heard of a separation agreement but you’d need your decree absolute 

[Drumbeat]

1 hour ago, Tulip1 said:

Never heard of a separation agreement but you’d need your decree absolute 

You do not need to be divorced to revert to using the name on your birth certificate.

 

[MaggieMay24]

I guess the better phrase I could have used is that I have assumed my husband's surname.  So I have my marriage certificate and using that I simply got my driver's license changed, bank account changed, credit card changed, etc.  I've never formally requested the government change my name or gotten a new birth certificate, etc. as I don't see the necessity of doing that.  It wasn't required in Canada and it isn't required in Australia.

[Marisawright]

33 minutes ago, MaggieMay24 said:

I guess the better phrase I could have used is that I have assumed my husband's surname.  So I have my marriage certificate and using that I simply got my driver's license changed, bank account changed, credit card changed, etc.  I've never formally requested the government change my name or gotten a new birth certificate, etc. as I don't see the necessity of doing that.  It wasn't required in Canada and it isn't required in Australia.

No, and no one has ever suggested it is.  The point is that you did have a legal document of some kind proving that your name has changed.  

[Nemesis]

On 8 January 2019 at 23:14, Tulip1 said:

Never heard of a separation agreement but you’d need your decree absolute 

Ot come across it in oz but they certainly exist in the UK. Sometimes there are reasons why a couple do not actually want to divorce, but they do not want to live together as married. The couple I knew who had one were in the Church of England and did not really agree with divorce. Neither wanted a new relationship, and if they actually divorced then she would have lost her rights to his pension. the legal separation was like a compromise and was drawn up by a solicitor. 

[NickyNook]

21 minutes ago, Nemesis said:

Ot come across it in oz but they certainly exist in the UK. Sometimes there are reasons why a couple do not actually want to divorce, but they do not want to live together as married. The couple I knew who had one were in the Church of England and did not really agree with divorce. Neither wanted a new relationship, and if they actually divorced then she would have lost her rights to his pension. the legal separation was like a compromise and was drawn up by a solicitor. 

Yes, you're quite correct.

I think back in the 50s/60s it was not uncommon to be permanently separated from a spouse. I also remember plenty of forms in the UK having 'Separated' as an option (along with Single, Married, Divorced, Widowed etc) when selecting marital status. Though possibly that was to allow for the 5 years of separation that was necessary back then before you could divorce without your spouse's agreement. 

My parents-in-law split up in the mid-60's and never divorced but remained legally separated for the rest of their lives - which was over 50 years in the case of my mother-in-law!