Quebec - Crafty ways to change last name after marriage... or can I do it anyway

[Hnhkrk]

Hello!

I am getting ready to marry my fiance in Quebec. I know it's not typical to change your last name in Quebec when you get married, but me and my fiance would really like it if I shared his name. I know I can carry his last name socially, but eventually, I would like to get it legally changed as well... so here is my scenario.

I am currently a Resident of the USA. I will be visiting Canada in July, with no intentions of leaving until PR is approved. We will be married on August 4th. I know that I can go to a social security office here in the states to change my name, but I will have to cross the border for that and it's not something I'm willing to do since I don't want to risk not being allowed back into Canada. On the Ministry of Quebec's website, they say that you have grounds for a legal name change if you've been going by the name you want for 5+ years, and I was wondering if it would work that way? Could I apply for a legal name change if I were to use my husband's last name socially for 5+ years, or would they refuse it? I was also curious if there would be a way to adopt my fiance's last name when I go through the citizenship process?

Anyone go through a similar situation?

 

[OhCanadiana]

I'm not familiar with details of your nationality, or whether you've submitted your app, however, FWIW:

You could explore changing your name in the US (requirements vary state by state) and then changing your US passport (ideally before you submit your application so that you don't switch it halfway through the process). You can get US passports issued "in a hurry" if you have travel coming up (http://travel.state.gov/passport/hurry/hurry_831.html) - even same day if you go to a passport office in the US.

 

[Hnhkrk]

I'm not familiar with details of your nationality, or whether you've submitted your app, however, FWIW:

You could explore changing your name in the US (requirements vary state by state) and then changing your US passport (ideally before you submit your application so that you don't switch it halfway through the process). You can get US passports issued "in a hurry" if you have travel coming up (http://travel.state.gov/passport/hurry/hurry_831.html) - even same day if you go to a passport office in the US.

I don't mean to sound rude, but I stated my nationality/residency. Changing my name in the US isn't really an option since I would have the cross the border after getting married, which would put me at risk to be declined entry when I try to re-enter Canada.

 

[parker24]

I don't mean to sound rude, but I stated my nationality/residency. Changing my name in the US isn't really an option since I would have the cross the border after getting married, which would put me at risk to be declined entry when I try to re-enter Canada.

What she meant was that she isn't from Quebec/US so she isn't entirely sure how it would work for an American to change her last name.

It might be worth asking your FH to ask his MP about it. Someone in Quebec should know.

 

[OhCanadiana]

I don't mean to sound rude, but I stated my nationality/residency.

I noticed your residency is in the US, however I don't know what your nationality is even after re-reading your post:

Hello!

I am getting ready to marry my fiance in Quebec. I know it's not typical to change your last name in Quebec when you get married, but me and my fiance would really like it if I shared his name. I know I can carry his last name socially, but eventually, I would like to get it legally changed as well... so here is my scenario.

I am currently a Resident of the USA. I will be visiting Canada in July, with no intentions of leaving until PR is approved. We will be married on August 4th. I know that I can go to a social security office here in the states to change my name, but I will have to cross the border for that and it's not something I'm willing to do since I don't want to risk not being allowed back into Canada. On the Ministry of Quebec's website, they say that you have grounds for a legal name change if you've been going by the name you want for 5+ years, and I was wondering if it would work that way? Could I apply for a legal name change if I were to use my husband's last name socially for 5+ years, or would they refuse it? I was also curious if there would be a way to adopt my fiance's last name when I go through the citizenship process?

Anyone go through a similar situation?

You were very specific - 'you are currently a Resident of the USA' ... I'm not going to assume that that means you are a US national.

Your nationality is important to your question because, for this to work, your passport will need your new legal name so that your PR is issued in your married name and Quebec doensn't register you under another name. Otherwise, if your PR is issued under your maiden name your problem won't be resolved.

Changing my name in the US isn't really an option since I would have the cross the border after getting married, which would put me at risk to be declined entry when I try to re-enter Canada.

I can't comment without knowing what state you are a resident of since, as I mentioned in my post earlier, the rules are state-specific. I infer from your comment that your state would require you to appear in person (since not all do).

 

[Hnhkrk]

Ah! Thank you both for being helpful.

I live in Illinois. I was also born here which means my nationality is American. I'm sorry for not making that more clear. In the post I can originally wrote, I had that information in it.

Under the circumstance that I wouldn't have to show up in person to change my name, how would I go about getting the name on my passport changed while I'm in Canada? Is that even possible?

Wouldn't it be better just to change my name when I get citizenship to Canada?

 

[Hnhkrk]

Under the circumstance that I wouldn't have to show up in person to change my name, how would I go about getting the name on my passport changed while I'm in Canada? Is that even possible?

After doing some research I have figured out that I can apply for a 'renewal/name change' on my passport from inside of Canada. I dont' need this answered anymore. .

 

[Shiny88]

Maybe just wait after marriage or after having PR so everything could be done without problem.

 

[QCSunshine]

After doing some research I have figured out that I can apply for a 'renewal/name change' on my passport from inside of Canada. I don't need this answered anymore. .

Unfortunately, even if you legally change your name to your husband's in the US (or long distance through the US), you will still legally have to use your birth name in Quebec. The only way this isn't the case is for women who got married before 1981.
http://www.justice.gouv.qc.ca/english/publications/generale/maria-a.htm#names

I am in the same situation, but I was more undecided about changing my name in the first place. Once I realized it was impossible, I didn't really mind (and in fact, I love it now).

But, I understand different people feel different ways about name change, and that's cool. However, I think the only way you can get approved to change in Quebec is if you meet one of the criteria where they allow it:

The Directeur de l’état civil handles all name change applications that do not fall under the jurisdiction of the court. However, there must be a serious reason for making an application. Serious reasons include:
You have been using for at least five years a name other than the one that appears on your birth certificate
Your name is of foreign origin or is too difficult to pronounce or write in its original form
Your name invites ridicule or has become infamous

http://www.etatcivil.gouv.qc.ca/en/change-name.html#who

Good luck!

 

[Hnhkrk]

Unfortunately, even if you legally change your name to your husband's in the US (or long distance through the US), you will still legally have to use your birth name in Quebec. The only way this isn't the case is for women who got married before 1981.
http://www.justice.gouv.qc.ca/english/publications/generale/maria-a.htm#names

I am in the same situation, but I was more undecided about changing my name in the first place. Once I realized it was impossible, I didn't really mind (and in fact, I love it now).

But, I understand different people feel different ways about name change, and that's cool. However, I think the only way you can get approved to change in Quebec is if you meet one of the criteria where they allow it:

The Directeur de l'état civil handles all name change applications that do not fall under the jurisdiction of the court. However, there must be a serious reason for making an application. Serious reasons include:
You have been using for at least five years a name other than the one that appears on your birth certificate
Your name is of foreign origin or is too difficult to pronounce or write in its original form
Your name invites ridicule or has become infamous

http://www.etatcivil.gouv.qc.ca/en/change-name.html#who

Good luck!

I ended up deciding to use my husband's last name socially without changing my legal last name. In 5 years, I'll be able to apply for a name change but we'll see.

 

[blueangel371115]

I no

Your nationality is important to your question because, for this to work, your passport will need your new legal name so that your PR is issued in your married name and Quebec doensn't register you under another name. Otherwise, if your PR is issued under your maiden name your problem won't be resolved.

So if I would be filing as my married name, ( as I intend to, so really Canada wouldn't know otherwise) with all my IDs (ie photo ID, US passport, etc) it would be my surname? Sorry for reposting here as I had the same question but didn't see this thread. So it's as if we were born with this name? In a way, this is a birth or rebirth? Of course then filing for a marriage license in Quebec would be a bad idea? I am looking into all possibilities, such as filing for a marriage license in the US and have the ceremony performed in Quebec, as it is a mid-ground between the families (almost) his folks live there and mine are a couple hours away as opposed to doing it in Ontario.

 

[OhCanadiana]

So if I would be filing as my married name, ( as I intend to, so really Canada wouldn't know otherwise) with all my IDs (ie photo ID, US passport, etc) it would be my surname? Sorry for reposting here as I had the same question but didn't see this thread. So it's as if we were born with this name? In a way, this is a birth or rebirth? Of course then filing for a marriage license in Quebec would be a bad idea? I am looking into all possibilities, such as filing for a marriage license in the US and have the ceremony performed in Quebec, as it is a mid-ground between the families (almost) his folks live there and mine are a couple hours away as opposed to doing it in Ontario.

If your application and passport have your married name, then your CoPR and later your PR Card will be issued in your married name.

AFAIK, the name on your PR Card is your legal name for Canadian purposes. For example, Service Canada issues your SIN number based on the name on your passport and CoPR or PR Card. I know with certainty that if there is any discrepancy between your drivers license and your CoPR/PR Card in Ontario, they MUST go with the CoPR/PR Card name because that is considered to be your legal name in Canada.

As far as I understand, Quebec does not allow you to change your legal name after marriage. This is similar to other countries with Napoleonic Law (vs. common law in the other provinces). Therefore, since you wouldn't be able to change your name with your province (Quebec), you wouldn't be able to change your name on your PR Card or naturalization certificate later on. However, if you change your name beforehand and apply in your married name you wouldn't need to change your name on your PR card or naturalization certificate to your married name anymore.

Allow me to comment on a couple other points:

So it's as if we were born with this name? In a way, this is a birth or rebirth?

Some provinces in Canada reissue birth certificates if you change your name legally. However, I don't know if they do that in any US state. However, as a PR you would need to use your PR Card (or later Canadian passport or naturalization certificate) as proof of your status anyway since your birth certificate is from the US.

I am looking into all possibilities, such as filing for a marriage license in the US and have the ceremony performed in Quebec, as it is a mid-ground between the families (almost) his folks live there and mine are a couple hours away as opposed to doing it in Ontario.

AFAIK, you usually need a marriage license in the jurisdiction that you are going to get married in. So if you get the license in a given US state, you need to get married in that state (and in some cases it's city/county driven). So, if you want to get married in the US near your family, you should just get the license there too, for example. If you want to get married in Ontario, get the license in Ontario. Same for Quebec (but then you may have issues changing your name or using your married name in Quebec later on since you may already be in the system so check with a lawyer first).

Of course then filing for a marriage license in Quebec would be a bad idea?

I'm not familiar enough with the details of Quebec law to give you certainty on this and would suggest you speak to a lawyer. From a logic standpoint and experience with Napoleonic/common law name issues elsewhere: if using your married name is important to you and the location of your wedding less so, I would keep it simple (you know, follow the KISS principle) and marry elsewhere where you can change your name and not muddy the waters. Then, your name in Quebec will consistently be your married name from the get go. In other words, I wouldn't want to be already 'in the system' under another name and have to deal with lots of explanations later, especially if the location of my wedding isn't important to me and folks need to move around anyway to make it to the wedding.

In contrast, if you marry in the US and change your name and then the PR Card is issued in that name that IS your name before you show up to Quebec already. I've seen information indicating that Quebec doesn't allow you to change your name if you live in the province and get married but nothing that says that they won't honor prior name changes.

 

[blueangel371115]

It all makes sense. I could have my fiance ask general questions on the rules ( without mentioning my name or my nationality) plus I'll do more research on the US side. If we have to, we can get married in the states. His family, save possibly a few, have all the necessary documents. I'll look into jurisdictional requirements. I know a few of my friends got married in England or Jamiaca but I'm not sure where they filed for the license.

 

[DSnyder]

I ended up deciding to use my husband's last name socially without changing my legal last name. In 5 years, I'll be able to apply for a name change but we'll see.

I'm hoping to find out if you were ever successful in changing your name in Quebec? I am also a US national who has immigrated to Quebec via spousal sponsorship. I am doing some research as to a name change and was considering try this route... thanks in advance.

 

[Lorelea]

My experience suggests this plan will not work, sorry. I am a New Zealand national and all my legal documents, including passport and Canadian visa have been in my married name for over 10 years. In fact, I do not have a single document to prove my maiden name. Furthermore, I changed my name by “statutory declaration” rather than on the basis of marriage- a legal process that erases previous name. And still I am not allowed to use my actual legal name in public service sector in Quebec. That is, my bank cards etc are in my actual legal name, but medical cards are in maiden name (meaning my soon to be born child will have trouble proving they are born of a New Zealand mother based on their birth certificate). Funnily enough, taxes and social security number are both made in my legal/married name though.
Some colleagues shared stories where their mothers, having used their married names for 40+ years overseas, still had to revert to maiden names in Quebec (despite extensive objections involving lawyers). So it doesn’t sound like the length of time you are known by your name makes much of a difference. Sorry for bad news. On the plus side, you can absolutely be known by your married name in most everyday situations if your passport/documents reflect it, so for that purpose the US maneuver just might work.