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Deed Poll Info (British Citizen in Ireland)

  • 21-12-2015 2:49pm
    #1
    Registered Users, Registered Users 2 Posts: 137 ✭✭


    Hi there,

    I am tomorrow heading off to have my deed poll witnessed by a lawyer (non-Irish citizen, British) after which I’ll take it to the courts for enrolment; the deed poll is to add an additional middle name to my current name.

    As I’m a British citizen but fully resident in Ireland, I am required to have the deed poll done and enrolled here in Ireland so as to change documents such as my (Irish) Driving License. Has anybody had any advice on using an Irish deed poll to change your name on a foreign (British) passport? Has anybody encountered any issues. I spoke with the immigration/HM passport people in Belfast who said that it ‘should be fine’ but she sounded unsure. I’m just curious of anybody’s experience.

    In the UK, Deed polls seem much easier to manage than in Ireland but given that I am resident here in Ireland and need to change documents here in Ireland (and also bearing in mind that I plan to live here moving forward) it should be done and enrolled here.

    I’m just looking for any personal stories/info.

    Thanks


Comments

  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 137 ✭✭AnSliabhCorcra


    This post has been deleted.

    That is not the case, that is the case if you are a non-EU citizen. There is also two things to consider here:

    1) by Law British Citizens can not be treated as 'foreigners' in Ireland (Aliens) which is a reciprocated law/agreement for Irish citizens in the UK and,

    2) EU Citizens do not require a license to change their name, citizens from outside the EU do.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 137 ✭✭AnSliabhCorcra


    This post has been deleted.

    Thanks for that.
    I have read about the Irish Passport Office and their 2 year-usage policy however the UK accepts a Deed Poll sufficiently for a name change without proof of usage. I've checked this with the Passport Office and various Deed Poll organisations in the UK. I guess the fear was that they'd not accept an Irish deed poll however, having spoken with 2 different people at the passport office in Belfast, it seems the Irish one will be sufficient. I was simply curious if anybody had had any experience of it.

    Fingers crossed ! :)


  • Registered Users, Registered Users 2 Posts: 590 ✭✭✭Toxica


    Thanks for that.
    I have read about the Irish Passport Office and their 2 year-usage policy however the UK accepts a Deed Poll sufficiently for a name change without proof of usage. I've checked this with the Passport Office and various Deed Poll organisations in the UK. I guess the fear was that they'd not accept an Irish deed poll however, having spoken with 2 different people at the passport office in Belfast, it seems the Irish one will be sufficient. I was simply curious if anybody had had any experience of it.

    Fingers crossed ! :)

    How did you get on with this? I am in the same situation, British citizen but living in Ireland over 20 years, want to change my name but as far as I can gather British citizens possibly need a letter from the Change of Name Licence department in the Irish Naturalisation and Immigration Service? Did you need to this to enroll your deed poll? If I do need that letter then I will have to renew my passport as it expired years ago and it seems pointless getting another if I'm about to change my name anyway!


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  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 590 ✭✭✭Toxica


    This post has been deleted.

    But it says this on the Irish Naturalisation and Immigration Service website:

    "British citizens do not come within the definition of "Alien" and are therefore not required to obtain change of name licences in order to affect a deed poll. However, the High Court normally requires a letter from this Department stating that this is the case.
    Before issuing a letter to the effect that a licence is not required the following documents are required: (document no. 3 is not applicable to all applicants)
    1. Original long form birth certificate,
    2. Original passport,
    3. any documents pertaining to any previous name change i.e. marriage certificate in the case of a woman who may have changed her name on marriage or deed poll documents where a deed poll has previously been executed."

    :confused:


  • Registered Users, Registered Users 2 Posts: 137 ✭✭AnSliabhCorcra


    Toxica wrote: »
    But it says this on the Irish Naturalisation and Immigration Service website:

    "British citizens do not come within the definition of "Alien" and are therefore not required to obtain change of name licences in order to affect a deed poll. However, the High Court normally requires a letter from this Department stating that this is the case.
    Before issuing a letter to the effect that a licence is not required the following documents are required: (document no. 3 is not applicable to all applicants)
    1. Original long form birth certificate,
    2. Original passport,
    3. any documents pertaining to any previous name change i.e. marriage certificate in the case of a woman who may have changed her name on marriage or deed poll documents where a deed poll has previously been executed."

    :confused:

    Hey Toxica,

    So, I did it and it was possibly the easiest thing (legally speaking) I've ever done.

    Don't worry about licenses; you don't need them for two reasons 1) you're a British citizen so shall not legally be treated as a 'foreigner' in the Rep. of Ireland and 2) you're an EU citizen as well (might be different if you have a non-EU Isle of Man passport or something).

    Basically, go to a solicitor (or do it yourself) - I went to 'Orca Print' just round the corner from the courts. You tell them you want to do a deed poll and they type out of the deed for you (they have a template so it takes about 5 minutes) and they print it on deed paper. They provide their own witness there and a commissioner for oaths works there, so she countersigns it.

    You walk along to the court and there's a deed poll section, you go there and they review the deed poll. If they're happy with it (which they will be) then they tell you to pay 60 euro stamp duty and they keep it for enrolling. You get a ring about a week or two later to tell you you can go and collect the enrolled deed poll and that's it. Done.

    It took me, all in, one hour. (going to Orca Print, getting the deed printed and signed by them and enrolling it). The only other 'hassle' was going back to the court to collect it once enrolled.

    Orca print charge about 50 quid and it's something you can do yourself easily but for me I couldn't be bothered typing out my own, buying deed paper, finding a commisioner of oaths to countersign so i parted with the 50 quid happily.

    The only document you will need to present is one: your passport (and possibly a bill. Take a couple of proofs of ID.

    It was so easy!


  • Registered Users, Registered Users 2 Posts: 137 ✭✭AnSliabhCorcra


    Hey Toxica,

    So, I did it and it was possibly the easiest thing (legally speaking) I've ever done.

    Don't worry about licenses; you don't need them for two reasons 1) you're a British citizen so shall not legally be treated as a 'foreigner' in the Rep. of Ireland and 2) you're an EU citizen as well (might be different if you have a non-EU Isle of Man passport or something).

    Basically, go to a solicitor (or do it yourself) - I went to 'Orca Print' just round the corner from the courts. You tell them you want to do a deed poll and they type out of the deed for you (they have a template so it takes about 5 minutes) and they print it on deed paper. They provide their own witness there and a commissioner for oaths works there, so she countersigns it.

    You walk along to the court and there's a deed poll section, you go there and they review the deed poll. If they're happy with it (which they will be) then they tell you to pay 60 euro stamp duty and they keep it for enrolling. You get a ring about a week or two later to tell you you can go and collect the enrolled deed poll and that's it. Done.

    It took me, all in, one hour. (going to Orca Print, getting the deed printed and signed by them and enrolling it). The only other 'hassle' was going back to the court to collect it once enrolled.

    Orca print charge about 50 quid and it's something you can do yourself easily but for me I couldn't be bothered typing out my own, buying deed paper, finding a commisioner of oaths to countersign so i parted with the 50 quid happily.

    The only document you will need to present is one: your passport (and possibly a bill. Take a couple of proofs of ID.

    It was so easy!

    My birth cert wasn't even looked at, but take it along, just in case.

    PS: In case it helps, when renewing British passport or anything, the Irish deed poll is fine as long as it's enrolled and you submit the original.


  • Registered Users, Registered Users 2 Posts: 590 ✭✭✭Toxica


    My birth cert wasn't even looked at, but take it along, just in case.

    PS: In case it helps, when renewing British passport or anything, the Irish deed poll is fine as long as it's enrolled and you submit the original.

    Thank you for all the info. Much appreciated.

    I wonder would they accept a driving licence as photo ID? My passport expired about 5 years ago and I have had no need to renew it, seems kinda stupid and expensive to renew it just so I can change my name when I'll have to change the name on the passport anyway.


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  • Registered Users, Registered Users 2 Posts: 137 ✭✭AnSliabhCorcra


    Toxica wrote: »
    Thank you for all the info. Much appreciated.

    I wonder would they accept a driving licence as photo ID? My passport expired about 5 years ago and I have had no need to renew it, seems kinda stupid and expensive to renew it just so I can change my name when I'll have to change the name on the passport anyway.

    Perhaps, I'm too late in responding but your driving license should suffice. I would recommend taking along your expired passport if you still have it too.


  • Registered Users, Registered Users 2 Posts: 590 ✭✭✭Toxica


    Perhaps, I'm too late in responding but your driving license should suffice. I would recommend taking along your expired passport if you still have it too.

    Thanks, you're not too late, going to try changing it in the next couple of months.

    Thanks for all the info!


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