Wifes passport and brp in different names with spouse visa renewal coming up. Problem?

My wifes spouse visa expires in April.

She had a new passport in her married name last summer but hasn't updated her brp name.

So with her brp in her maiden name, her passport in her married name. And her visa up for renewal April 2024. What is the best course of action?

Will this be a problem? Obviously a married certificate can be supplied showing that she is the same person.

Thank you.

Would a possible work around if this is a big big problem, to be to go to the Philippine embassy again and get a new passport in her maiden name again so they match?

Hey Sanquine,

I would say the appropriate course of action here would be to update the BRP:
https://visas-immigration.service.gov.uk/product/biometric-residence-permit-replacement-service

Re-applying for a passport in her maiden name is technically fraud if she now has legally taken your name in marriage, using her original passport until expiry is a bit of a grey area but this is typically where the marriage certificate helps explain the discrepancy and they expect and allow for this.

Okay thank you. Will definitely avoid the fraud then. Only concern with the update. Is if the brp doesn't arrive before the visa renewal is due. We'll be in big trouble.

You could always give the BRP team a call and advise the circumstances, perhaps there is a way to expedite the application or a note can be added to your account?
Not sure but that would be my play if I was in your position.

You're right. I'll find their number when I'm home later. Thank you

I would imagine this kind of scenario is fairly common as passports run off a completely different validity to the BRP so of course there are bound to be many winners wives with renewed passports which now don't match the BRP.

Travelling with mismatching ID might cause a bit of grief at check-in, but I'd be surprised even in the current climate if it was an issue for visa renewals. You have to scan expired travel documents as part of the application so it's easy to follow the paper trail and see it's the same person.

fairly common or not, both the passport and BRP has to show the same name. Whether the authorities would do anything or not is, in my opinion, not worth finding out as they state £1000 fine and could effect visa status, if not changed within 3 months. I assume this can only be implemented if one has been changed and the other found to have not been changed.
I’m going through same process. We were going to wait until BC stage to change name to married but as we are going to London for a few days next week, we are killing two birds and renewing the wife’s passport with the Embassy. When it comes back we will then change her BRP to married name.

I spoke to my immigration solicitor and he said that he's never heard of any ones visa get penalised due to this so he advised just leave it be.

He needs to read this then!https://www.gov.uk/change-circumstances-visa-brp#:~:text=You must apply for a,facial appearance

she can’t use her original passport. Last week my wife went to the Embassy to renew her passport into her married name. Although she kept her original passport, it’s now has a stamp in it stating “E-Passport Processed on 14 Feb 24”so cannot be used.

Sorry disagree on using the unmarried name as you can have the passport in your maiden name.
Certainly throughout the whole process for my wife from spouse visa in 2015 upto and including ILR my wife used her maiden named passport. (We married in 2015) she now has a British passport in her married name after getting BC and retains her Philippines passport in her maiden name She will renew her Philippines passport when it expires

Im pretty sure that the official guidance/rules say that if change name then have to apply for new BRP and pay the relevant charge. Wife changed to married name and whilst we reported the name change on the EU Settlement Scheme never generated a new BRC (equivalent of a BRP) and ended up having to apply for a new card.

From memory there is a get out on the applying for a new BRP which is when you are within 3 months of next visa application so in this case with next visa application in April just carry on and will get a new BRP reflecting passport name. Can't get new BRP until have new passport and have no control over how long they took to get it to you

There is a 3 month clause in applying for a new BRP or face upto a £1000 fine if a person’s circumstances change ie new name new passport, given the op suggests a new passport was obtained last summer 2023 and visa runs out this April 2024 there is a large gap to large to explain away! A period of to date 5 or 6 months and a period of 8 or 9 months between passport and visa.

Think there is a couple of options left open to the op, both carry an element of risk
One, do nothing apply for new visa with old BRP and in the additional information box on the application write a note explaining that until recently they were unaware of the “change of circumstances rule” and that by the time they became aware it was close to visa renewal date so took the view that didn’t want to risk a new BRP not turning up before visa application.
Second option apply for new BRP and apply on time for visa then dlay as long as possible the booking and attending biometrics ( I think there is a 21 day rule that biometrics have to be booked within 21 days of visa application date this rule may also include attendance!) March 4 weeks, April 3 weeks or more depending on visa application date!
Then sit out the wait for new BRP gov site says upto 8 weeks! Then apply,do not delay visa application. It looks like you still have time , a squeeze yes but doable
Apply with new BRP they may still pick up new passport valid from date and compare it with new BRP dates so again detail the not knowing till recently the change of circumstances rule, but at least it’s right for the application.

We are going to apply in less than 5 weeks and the first brp took more than 8 weeks to arrive. We can't apply without one so that's a big gamble.
The immigration solicitors I'm using are Migrate.org, who's head worked for the home office for a long time. So it was reassuring when he told me he's never known it affect anyone's visa.

And the link posted above is what I saw that made me very worried.

Once the visa has been processed and presumably accepted, I'll update on here on whether this did cause an issue for us.

Good luck with the application and yes pls keep us informed

Interesting note - we applied for the wife’s passport to be renewed with our married name with the Embassy on 14 Feb. Her new passport arrived by post today. I have made an appointment for her biometrics in Exeter and have been informed that her new BRP will be issued within 6-10 days after biometrics. There has also not been any charge to change her name (for appointments between 1000-1500,either side of these times it costs £139 or £210 !)
Surprising quick turnaround