If the principal applicant had her name legally changed in her country of origin after starting the permanent residency application, and if her passport and visitor record reflect her former legal name, how would this impact the application? Should she use her new name? or use her old name? is a letter of explanation required? or is there some additional form that must be filled out?
Legal Name Change in Country of Origin
- Thread starter DerangedRabbit
- Start date
She is in Canada already, i.e. in order of what happened, she started the name change process, came to Canada, and then got the name change legally finalized?
Does she plan to swap out her passport and any other documentation? Does she want the PR status to reflect the new name? She has originals or legal copies of the change of name legal decision?
(Just to be clear, was this a change of name by court decision, or some kind of change-name-by-marriage semi-automatic procedure, as in many countries?)
She was in Canada already, got married, got her name legally changed (court decision, involved lawyers, not semi-automatic) in her country of origin, and that is finalized in her country of origin.
Eventually she plans to swap out her passport and other documentation to reflect her legal name change. She feels it would be best if her PR status reflected her new name. A family member residing in her country of origin possesses the original documents for the legal name change.
Eventually she plans to swap out her passport and other documentation to reflect her legal name change. She feels it would be best if her PR status reflected her new name. A family member residing in her country of origin possesses the original documents for the legal name change.
Well, basically, it is up to her. A quick question that may have bearing - is this adopting her spouse's family name or some more fundamental change?
What I see as the two main options - note what I'm calling option 1 is particularly 'easy' in many respects if she's adopting spouse's name.
1) Wait until PR is complete and then go through the process of getting the change of name recognized formally, which will mainly consist of getting documents swapped out to show new name on basis of legal name change documents. In most cases the foreign change-of-name docs will be recognized with the new foreign passport to reinforce/support. Note, in Canada, in many contexts she can begin using her 'new' name before the formal documents reflect - she just uses the new name. Nobody is stopping her from having business cards, using name socially, using it for business purposes (with caveat that things like paycheques and legal docs will likely need docs to support). It's not unusual for people to work somewhere (for example) using one name and only or primarily HR will know the legal name. The explanation is particularly easy if it's one's spouse's name - but in most/all cases you say 'this is my name now, some docs are pending to have this completed legally.'
It's actually okay to use one name in one context (eg socially) and another professionally/for business as long as consistent. There are some *caveats about how to do this if you want to do consistently/permanently (like a stage or pen name or a 'business personality') that I'm not qualified to go into in detail. (Main thing is that it absolutely is and can be a crime or make one liable to use such names to defraud somebody else or hide from liabilities and creditors etc. If you're doing it in good faith and open about it - mostly no issue).
Which is to say (overall): procedures to change name and get new documentation are pretty well established and reasonably clear once one is a PR. Just takes some time, forms and some costs. While doing so, she can mostly use her 'new' name.
2) Change it now. The first steps will defintiely involve getting a new foreign passport, and legal copies/translations of the original change of name legal doc. Would likely help if more than one type of identification has the name change - just because lots of places may ask for two pieces of ID and while the passport + other IDS in old name + legal name change doc may formally be enough, may be requested.
The biggest challenge, bluntly, is that there are probably not many formal procedures or explanations about how to change name DURING a PR process AND during a visit under a visitor visa. Or if there are procedures, they're not frequently used. (Side note: likely MUCH less of a big deal if just adopting spouse's name, because this happens a lot). That doesn't mean it's not possible, just might cause minor quirks (eg unclear under which name the PR file is, mismatches between files, small confusion in doing the background searches/checks, etc). There might be mistakes along the way.
Basically to do this just submit foreign passport (new), change of name legal docs, and ask to have this reflected/changed in file permanently. Only way to submit is by webform. And then wait and see what IRCC does.
It is possible it will all go smoothly and no issues. Or it might cause delays and hasssles. Depends on priorities.
One side note: I don't think this would be 'fun' and more prone to errors if the person in question plans to travel and leave Canada during the PR spousal sponsorship. And basically I personally wouldn't risk it, because chances of not being able to return/travel easily might get complicated. If in Canada and remaining - well, likely no issues inside Canada. Another side note is what happens if the foreign passport has to be submitted/destroyed when applying for new under new name (depends on country of issueance).
What I see as the two main options - note what I'm calling option 1 is particularly 'easy' in many respects if she's adopting spouse's name.
1) Wait until PR is complete and then go through the process of getting the change of name recognized formally, which will mainly consist of getting documents swapped out to show new name on basis of legal name change documents. In most cases the foreign change-of-name docs will be recognized with the new foreign passport to reinforce/support. Note, in Canada, in many contexts she can begin using her 'new' name before the formal documents reflect - she just uses the new name. Nobody is stopping her from having business cards, using name socially, using it for business purposes (with caveat that things like paycheques and legal docs will likely need docs to support). It's not unusual for people to work somewhere (for example) using one name and only or primarily HR will know the legal name. The explanation is particularly easy if it's one's spouse's name - but in most/all cases you say 'this is my name now, some docs are pending to have this completed legally.'
It's actually okay to use one name in one context (eg socially) and another professionally/for business as long as consistent. There are some *caveats about how to do this if you want to do consistently/permanently (like a stage or pen name or a 'business personality') that I'm not qualified to go into in detail. (Main thing is that it absolutely is and can be a crime or make one liable to use such names to defraud somebody else or hide from liabilities and creditors etc. If you're doing it in good faith and open about it - mostly no issue).
Which is to say (overall): procedures to change name and get new documentation are pretty well established and reasonably clear once one is a PR. Just takes some time, forms and some costs. While doing so, she can mostly use her 'new' name.
2) Change it now. The first steps will defintiely involve getting a new foreign passport, and legal copies/translations of the original change of name legal doc. Would likely help if more than one type of identification has the name change - just because lots of places may ask for two pieces of ID and while the passport + other IDS in old name + legal name change doc may formally be enough, may be requested.
The biggest challenge, bluntly, is that there are probably not many formal procedures or explanations about how to change name DURING a PR process AND during a visit under a visitor visa. Or if there are procedures, they're not frequently used. (Side note: likely MUCH less of a big deal if just adopting spouse's name, because this happens a lot). That doesn't mean it's not possible, just might cause minor quirks (eg unclear under which name the PR file is, mismatches between files, small confusion in doing the background searches/checks, etc). There might be mistakes along the way.
Basically to do this just submit foreign passport (new), change of name legal docs, and ask to have this reflected/changed in file permanently. Only way to submit is by webform. And then wait and see what IRCC does.
It is possible it will all go smoothly and no issues. Or it might cause delays and hasssles. Depends on priorities.
One side note: I don't think this would be 'fun' and more prone to errors if the person in question plans to travel and leave Canada during the PR spousal sponsorship. And basically I personally wouldn't risk it, because chances of not being able to return/travel easily might get complicated. If in Canada and remaining - well, likely no issues inside Canada. Another side note is what happens if the foreign passport has to be submitted/destroyed when applying for new under new name (depends on country of issueance).
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She has adopted her spouse's family name informally in Canada (social situations), formally and legally in her country of origin. I don't think she plans on making any legal changes to her name here in Canada, but it is already done in her country of origin. I suppose my concern is if / how that would impact the PR application, which is presently in progress and not yet submitted.
I think the biggest / most important aspect is travel, i.e. having the PR card same as the foreign passport. Up to her to figure out how to sequence this based on when she might travel.
Repeat my point that ideally better to submit with name she'd prefer to use long term. But I don't know how hard to change her foreign passport - submitting change of name during the spousal application might cause a minor delay but probably not much of one.
