Spouse open work permit - Name in marriage certificate

[enuire123]

Hi,

I am planning to apply for open work permit. my family name is different in my passport and marriage certificate.
My passport has my maiden last name and marriage certificate has my husband's last name. my marriage certificate has my dad's name, which can justify different last names in both the documents.

Can I apply in this situation or do I need to get my last name changed in my passport?

 

[marsiangal]

I just went through all the process of changing everything to my married name while application is on process so I know what you are going through!lol

Anyways, the CIC will always ONLY follow what is in your passport no matter what you tell them.

I advised CIC of my last name change in the middle of the Pr application as well as OWP application becuase I wanted everything to be in my married name and sent them all the copies of Driver's license, SIN card, marriage certificate, health card with the NEW name but they only updated my file (saw it on ECAS) when I actually sent in a copy of my the new passport.

You can apply for an OWP and it will be in your maiden name and Can still use it even if you decide in the future to have your passport updated.
If you want everything in your married name especially if you have a pR application in process you might want to change passports. but if you feel like you won't get it on time you can have everything processed in your maiden name and change it after the fact.

I was lucky to get my passport in Time and had the time to change everything and now just waiting for the landing date.

Goodluck

 

[enuire123]

Marsiangal, Thanks a lot for your quick response!

Yeah for now I don't want to get into changing my last name in all the documents.
My only concern is having different last names in marriage certificate(husband's last name) and passport (maiden last name) should not create a problem to get the work permit.

Any inputs on this?

 

[userA]

2 things...

1.) Best case is if you can get a marriage certificate with your name identical to what it is in your passport. This will be the best case for ow as it will avoid any confusion.

2.) If you cannot do 1 then get a notarized affidavit mentioning your new name and that your are daughter of <your fathers name> and <your mothers name> and that you have changed your name after marriage. This should be sufficient to prove that both the documents belong to same person.

 

[marsiangal]

Marsiangal, Thanks a lot for your quick response!

Yeah for now I don't want to get into changing my last name in all the documents.
My only concern is having different last names in marriage certificate(husband's last name) and passport (maiden last name) should not create a problem to get the work permit.

Any inputs on this?

Like I said the CIC will ONLY follow the name that is in your passport no matter what happens.
you have to realize that in Canada it is not mandatory for the wife to change her last name.

May I please ask where your marriage certificate was issued?
And as far as I know most marriage certificate shows your previous last name as well. Then it shouldn't be a problem.

The people that are working in the CIC is are not dumb. (Although sometimes may seem that way. Lol)
They will connect the dots together that you have not changed name in passport yet and put the maiden name on the work permit. You will be fine.

 

[fkl]

Additionally, most of the forms including the work permit application form IMM1295E, has two columns, one for given name and the other for 'any other names that might appear on your docs'. You should mention the alternate name there.

Even if passport or marriage certificate matches, it is common for spouse (who changed their names after marriage), to have older documents like educational degrees, employment letters etc. in the previous name. That is the primary reason this field was made as far as i understand and i have used it personally with the very intention.

 

[marsiangal]

Additionally, most of the forms including the work permit application form IMM1295E, has two columns, one for given name and the other for 'any other names that might appear on your docs'. You should mentioned the alternate name there.

Even if passport or marriage certificate matches, it is common for spouse (who changed their names after marriage), to have older documents like educational degrees, employment letters etc. in the previous name. That is the primary reason this field was made as far as i understand and i have used it personally with the very intension.

Yes that is a very good idea fkl.

 

[enuire123]

Thanks marsiangal and fkl!

Marriage certificate was issued in India. @fkl, even I think on the same lines as they have provided the field there. But I wanted to confirm.

On that I have another question, I am currently in US on work permit, should I apply from here or from India(Indian passport holder). does it affect the application?

 

[fkl]

Dear enuire123,

Where you apply from does affect the processing time of the application in general provided one is eligible to use more than one options.

Generally it is recommended by CIC to apply from your home country. Also you cannot actually apply from another country for say a work permit, if you are on a visitor / temporary resident status.

However, situation might be different since you are on a work permit in the US (i.e. not on a visit visa). I suggest you verify this further i.e. check if the processing times from applying in the US are less (which probably would be).

Also i think i read some where that in general it is recommended and expected that you are present in the country you are applying from.

So most likely applying from india isn't the right option for you since

a. You not being there might not be positive for your application.
b. Processing from india might be more strict / takes more time.

But you need to confirm that you are technically eligible to apply from with in US. I am not 100% sure about this.