Questions about application... please help!

[BeShoo]

Do you think we could use my family name, even though it isn't his legal name? His passport only shows his one name, so whatever they issue won't match. Or is it better to just let them issue it however and legally change his name after we get the PR?

You probably could use your family name. In fact, I think that might be the best solution of all. How you do this depends on what province you are in In Ontario, and I suspect all the other provinces except Quebec are similar, it is quite easy and routine: http://www.ontario.ca/en/information_bundle/individuals/119599 At least for Ontario, it doesn't say anything about women assuming men's names or vice versa, although women assuming their husband's names is obviously much more common.

Quebec follows the civil code form of law rather than British common law, so it is different there. Besides that, the provincial government made a conscious decision a couple of decades ago that having women take their husband's names was sexist, and in the name of "women's lib" or something similar, they outlawed the practice. The only way to do it is to apply to the courts for a legal change of name. There was a case a couple of years ago in which a woman moved from Ontario and married her husband in Quebec. She applied for a name change but the judge ruled that getting married was not a sufficiently good reason to change her name. Unless her name was a subject of ridicule or hard for French people to pronounce, he wouldn't let her change it.

Some gay men in the U.S. fought for the right to assume a partner's name just as straight couples often do, citing discrimination. The passport office said they couldn't recognize a same-sex marriage due to the federal Defense of Marriage Act which prevents federal agencies and departments from recognizing same-sex marriages. I think it went to the supreme court but the gay couple finally won last year.

Maybe you should try calling the CIC call centre and ask them about your husband assuming your surname. I'm not sure they'd know the answer, but it's worth a try.

Well I'm not sure that I agree with that. Not sure I'd want to be known as Bob Bob or Mary Mary.

That's a matter of preference. I know it's a little strange, but to me it's at least my own name and not "X" or "Unknown" which I really wouldn't like. It depends what the name is. "Bob Robert" wouldn't be too bad. "Mary Mary" just invites "quite contrary" but that's a very specific example which an Indonesian wouldn't have in Canada.

 

[canadianwoman]

Do you think we could use my family name, even though it isn't his legal name? His passport only shows his one name, so whatever they issue won't match. Or is it better to just let them issue it however and legally change his name after we get the PR?

I think it is better to go with the name the person has now - even if it is only one name - if the application has already been sent in.
Then, once you have the PR visa and have landed, you can decide what to do then, because I think for Canada it would be a lot easier to have a last name. Using the Canadian spouse's surname makes sense, or whatever the person would like.

 

[boyee6576]

I think I would change it after he landed. I would be worried it would cause confusion if his application said one name and suddenly its changed to two names. Maybe it wouldnt make a difference but I would be worried. Besides as PMM said earlier I am sure there are thousands that came here with just one name. I think its kind of cool to have just one name. In my husbands culture, I take his last name and his first name as my middle name which kind of makes it hard when you get your licence renewed, there is not enough room to print it. lol