[Vanessa&Tony]

As a female choosing to change your name to your husbands name, or a variation thereof is a great feeling... suddenly interrupted by the knowledge that we need to change our name in Australia and wondering how. Changing your name when you marry overseas isn't as simple as if you married in Australia so this is a small guide (with a few links ) to explain the process a little better. Please read this entire post before continuing. Also, please be aware that I am referring to Aussie's by BIRTH because I believe there are other steps involved if you are naturalised (such as changing your naturalisation certificate, and home countries birth certificate, passport etc).

First, you don't HAVE to change your name to your husbands. You also don't HAVE to change your name in Australia if you don't want to. It is perfectly fine to travel in your maiden issue BUT the issue arises when you have to book the tickets... if you Aussie passport says Jones, you book in Jones, but then on the way back to the US you will need to show your Aussie passport, US greencard and marriage licence to prove the name change from passport to greencard... confusing if you ask me but entirely possible (I could be over-thinking it but makes sense to me anyway ) Also, if you change your name in the 12 months following your marriage you are entitled to a "gratis" passport (meaning free) .. more info on that to follow.

So, in order to change your passport, you first need a name change document. If you married in Australia this is as simple as your marriage licence, BUT in our case, being married overseas means we need to actually officially change our name with the Registry of Births, Deaths and Marriages (RBDM) in your birth state and obtain an official "Name change certificate" (example from Vic below). If you were born overseas (but got an Aussie passport through naturalisation), the foreign marriage licence should be accepted (links below) BUT if you were born in Australia you MUST apply for an official name change certificate. The Australian Passport office does NOT accept foreign marriage licences if you are an Aussie by birth.

Also, depending on your state, they will most likely not accept the foreign marriage licence to change your driver's licence name and bank accounts (like Victoria does) so you'll need that name change certificate for that too.

The process is this:

APPLY FOR LEGAL NAME CHANGE:-

First, you will need to apply for a name change at the RBDM in your state. You will need to find the website for your state so you can find out your specific state requirements (here is a list of the RBDM's: http://australia.gov...ages-registries ) or here are the specific links below:

ACT:
- name change info: http://www.ors.act.g...Pages/bdm2.html
- fees: http://www.ors.act.g.../bdm_forms.html $129 at the time of posting
- form: http://www.legislati...df/2009-168.pdf

NSW:
- name change info: http://www.bdm.nsw.g.../changeName.htm
- fees: http://www.bdm.nsw.gov.au/OurFees.htm $140 for standard at the time of posting
- form: http://www.bdm.nsw.g...t-Web180210.pdf

N.T:
- name change info: http://www.nt.gov.au...e/bdm/faq.shtml
- fees: http://www.nt.gov.au.../bdm/fees.shtml looks to be $30 here but when you look at the form (below) it says you must also pay to get the certified copy which is $25 so $55 all up
- form: http://www.nt.gov.au...2_con_adult.pdf

QLD:
- name change info: http://www.justice.q.../change-of-name and http://www.justice.q...hange-your-name
- fees: In the second link above, $135 at the time of posting
- form: http://www.justice.q...cation-form.pdf

S.A:
- name change info: http://www.ocba.sa.gov.au/bdm/ (sorry only the form has the info that I can find, this is the main RBDM page)
- fees: http://www.ocba.sa.g...#Change_of_Name ($187.50 at the time of posting)
- form: http://www.ocba.sa.g..._name_adult.pdf

TAS:
- name change info: http://www.justice.t...e/howtoregister
- fees: http://www.justice.t...nge_of_Name_Fee $146.30 at the time of posting
- form: http://www.justice.t...N_Form_2007.pdf

VIC:
- name change info: https://online.justi... your name~&3=~
- fees: https://online.justi...and turnaround~ ($87.20 at the time of posting)
- form: https://online.justice.vic.gov.au/CA256902000FE154/Lookup/BDMApplication_Forms/$file/changeofname.pdf
- Notes: it can take around a month to get the form back unless you pay to expedite which takes that down to 3 days (excluding post days of course). They WILL send it overseas to you if need (most of us it will be).

W.A:
- name change info: http://www.bdm.dotag...-8961-4534-1476 and http://www.bdm.dotag.../marriages.aspx and http://www.bdm.dotag...ge_of_name.aspx
- fees: http://www.bdm.dotag...-2312-5618-5857 $156 at the time of posting
- form: http://www.bdm.dotag...name_change.pdf


Now, before you get excited, you will need to send off your ORIGINAL birth certificate, if you have it (some states like N.T require you to sign a Statutory Declaration if you do NOT include the certificate). In the cases of SA and VIC (which are the only ones I know) you will, on successfully changing your name, get a name change document AND a new birth certificate listing your new married name but fear not, it does still list your birth name. On the Vic licence on the back will be your name change history.

Do NOT send original documents (except the birth certificate). All documents must be certified, or if you're doing this overseas a notary is fine.

Vic Name Change Certificate example:  Change of Name Certificate.jpg   34.19K   17 downloads

APPLY FOR AUSSIE PASSPORT:-

Once you have received your Name Change Certificate you can go ahead and get your new passport! You will need to send in your marriage licence AND name change certificate to obtain the gratis passport I believe.

Regarding the "gratis" passport, here is a link: https://www.passport.../FAQ.aspx#faq10 basically you need to have at least 2 years left on your passport, and have applied in the 12 months of getting married. That said, I am unable to find anything on any of the international sites that mention the gratis passport and how to ensure you don't pay for it but when I've actually called and spoken to them which they recommend you do here: https://www.passport...eries/Fees.aspx . Personally, I'm thinking of printing the page that talks about gratis above, and highlighting the section on gratis passports. I will probably have to pay a postal fee which is fine but when I have spoken with my chosen embassy about it, I'll let you know

Here is the "How to Apply" form from the Australian Embassy in DC: http://www.usa.embas...assportsUS.html which is the "head office" in the US, much like the US embassy in Sydney is the "head office" in Australia for the US embassies. There are a few embassies in the US where you can interview and send your information to: http://www.usa.embas...Consulates.html

You can fill in the Application form online here: https://www.passport...Passport_0.aspx When it asks "are you applying for a renewal" you must select NO because you are changing your name and not keeping the same name. This will give you all the options to change your name and enter the name change document info. At the end of answering the questions it will give you a PDF document to print which is the passport form that you can also fill in hand-written if you wish if you have the physical form. The form is called PC8 and here are the actual instructions for the form: http://www.usa.embas...ssportsPC8.html

Here is a list of documents they accept for name changing a passport: https://www.passport...geWhatDocs.aspx just in case some of you don't trust me Also here: http://www.usa.embas...ssportsFAQ.html in the FAQ's when it asks for name change you will see the where they mention the name change certificate vs marriage licence, and also directly under the grey box re name changes, information regarding the use of guarantors.

When asked for a guarantor you may leave this section blank (on the online form) so it prints blank or you can fill in the person information if you know it (so they only need to sign). There are special requirements for a guarantor being, it must be a person from a certain profession who has known you for more than 2 years and is not related to you by marriage or birth. They do NOT need to be an Aussie. If, like me, you haven't been in the US long enough to have one of those people, you can print the form and send it back to Australia, with your photos, for the person to fill in the appropriate places, and do their "thing" on the back of the photos. Here is the guarantor information: http://www.usa.embas...ssportsGua.html

Do NOT send original documents (except the birth certificate). All documents must be certified, or if you're doing this overseas a notary is fine.

When it asks for pictures, if you're having a hard time finding a place to take Aussie photos, here is a link someone sent me a while ago: http://www.epassportphoto.com/ which allows you to print photos in the correct countries size for free. I haven't used it myself yet (and will try and find an actual place first before I do) but I am told it's reliable so I hope some of you find it helpful. Here are the photo requirements: https://www.passport...nts/photos.aspx

Remember to read the instructions regarding printing on the "weird" American paper size as it's NOT an issue, there are just some requirements mentioned on the FIRST page when you click on the Aussie passport form link

So there you go. Once you have printed the form and sent it off, you can track your application here: https://www.passport...EntryPoint.aspx using your form number and receipt. There are different ways to pay (I will be paying for FedEx not regular post) and it depends on your embassy, mentioned here: http://www.usa.embas...ssportsFee.html . If you are applying through the LA or DC office and if you want to pay by Visa or Mastercard card, you will need to print this authority: http://www.usa.embas...ssportsCCA.html Just print the page like you would a normal website and it will print properly.

Also, if you passport is undamaged they will deactivate it and return it to you. If it is damaged they won't return it. Just to be safe, take some photocopies of your visa (if it's in there) and any other important things you might need at a later date.

If I've forgotten anything please let me know, or if you have any questions. This doesn't seem like it's in the wrong spot because there is no ONLY Australia area (yes there is a regional spot but it's not JUST Australia) so as this happens AFTER moving here this location seemed appropriate so Mods/Organiser, please do not move

Edited by Vanessa&Tony, 24 March 2010 - 01:21 PM.

[Deb+Steve]

It's all Australian passport holders who are affected by the legal name change - if you're not Australian by birth you still have to apply to the BDM in your state to legally change your name. You also have to show evidence of residing in that state for at least 12 months eg. electoral roll or letter from GP. (I am foreign born and still have to go through this process)

In Qld - Qld Transport does accept overseas marriage certs as proof of name change. I had no problems with them or the banks. It's only my passport that is left now. It's because of the process that you've just highlighted above that I really want it done BEFORE my interview because the Consulate will make the appropriate changes.

[Vanessa&Tony]

It's all Australian passport holders who are affected by the legal name change - if you're not Australian by birth you still have to apply to the BDM in your state to legally change your name. You also have to show evidence of residing in that state for at least 12 months eg. electoral roll or letter from GP. (I am foreign born and still have to go through this process.

I am referring to passports only, and applying to change whilst overseas (though I assume in Australia it would be about the same), your naturalisation certificate I believe requires the name change certificate.

If you read here: http://www.usa.embas...ssportsFAQ.html they explain that if you're not an Aussie by birth (and are applying to change it while overseas) they will accept a foreign name change document such as a foreign marriage licence to change your passport. But then here: https://www.passport...geWhatDocs.aspx you see they say your changed citizenship certificate is acceptable. Also here: https://www.passport...geMarriage.aspx there is some more info.

I am the first to admit that as I am an Aussie by birth I know almost nothing about citizenship certificates and the great amount of "fun" involved in changing it. I will edit my post to explain that I am referring to Aussie's by birth mainly

Good luck changing your name Please feel free to post when you have done it so other naturalised Aussie's know the kind of process they can expect.

[alex and astrid]

Awesome post Vanessa, I'm glad that between the two of us we can help clear up the confusion of name changing from afar!

Just a few things that I want to add to Vanessa's very comprehensive list -

I can confirm that Queensland Transport will accept a US Marriage Licence to change your name, if you are doing so in person (more on this below). I checked that before I left at the Sherwood, Brisbane office and the supervisor said so. But, if you have a name change certificate too, can't harm to show both.

With getting your new passport - I believe most, if not all the Consulates in the US will let you do an in person appointment. If you live near enough to a Consulate, this is a great thing to do because it means you don't need to send sensitive things like your passport through the mail. It also means you aren't without your passport that has all the important immigration stuff inside in case you need it during the time it's being processed.

With having to surrender your original birth certificate to do a name change - When I spoke to South Australian Births, Deaths and Marriages, I told them I could not give them my birth certificate, due to my pending AOS and the need to have the original in my possession until after I get my green card. So, there are two ways I can go about that. I can either wait until after I get my green card, then go ahead with the name change, or I can file for the name change now, fill out the form to get a copy of my birth certificate for them to use and include a letter explaining why I didn't surrender my old one. Since I don't really need to get rolling on this until about May, I think I may have my Green Card then and will be able to get away with not paying for an extra birth cert....we shall see.

Information about renewing your Queensland Drivers Licence from Overseas -

There are two methods for renewing your QLD licence while you are in the US. The first is online - you can use this service if you do not need a new licence photograph (these are valid for 10 years), or do not require any changes to your licence. You cannot renew online if:

- your licence has expired
- your licence is suspended or disqualified
- you need a medical certificate and do not have a current certificate lodged with the department

Here is the Online Renewal Page, and you can use a credit card to pay. Once it has gone through, they will mail you a sticker to place on the back of your licence. However, it will be mailed to the address that is on your licence. If you or your family doesn't live there any more, that's going to be a problem.

The other method (if you need to make a name change like I do), is to complete the Drivers Licence Renewal Kit. This is the packet, and all the instructions are included. To change your name on your licence, you MUST include a Births, Deaths and Marriages document showing the name change.

The packet does state that if you do not need to drive on your QLD licence, you can let it be expired for up to five years before you need to take another driving test to renew it. The good thing about this form is that you can nominate a postal address on it. It can't be an international one I don't think, but at least you can have it mailed to family and they can forward it on to you.

I'm not quite sure what I am going to do with my licence, I am tempted to just let it expire and then deal with a name change and renewing it then next time I am back home, which is going to be within the next five years for sure. Or, I may just do the online renewal in my maiden name and then change it when I am home. At least there are a few options for us.

Edited by alex and astrid, 24 March 2010 - 08:05 PM.

[Vanessa&Tony]

Thanks Astrid

Re the "lapse" time, VicRoads only allows you to have your licence expired by 1 year, any more and I have to re-take the tests etc. As mine expires in August this year, I'll renew it in person when I get home (should be Christmas) because I'll have the name change document and I'll do it all (banks, Medicare etc) on the same day. As I live in a small country town it should only take me 1/2 hour as everything's really close to each other. I am considering doing it from here ( I have to mail info) because the photo's taken by VicRoads are awful oh well

Edited by Vanessa&Tony, 24 March 2010 - 11:33 PM.

[kaffy]

if you Aussie passport says Jones, you book in Jones, but then on the way back to the US you will need to show your Aussie passport, US greencard and marriage licence to prove the name change from passport to greencard... confusing if you ask me but entirely possible (I could be over-thinking it but makes sense to me anyway )

Can confirm that there is absolutely no issue with entering the country on your green card and passport in different names. The CBP officer only looked at and scanned my green card and barely glanced at my passport biographic page, she asked no questions about the difference between the names and I wasn't asked to show a marriage license or anything

This was through Sea-tac yesterday

[kaffy]

It's all Australian passport holders who are affected by the legal name change - if you're not Australian by birth you still have to apply to the BDM in your state to legally change your name. You also have to show evidence of residing in that state for at least 12 months eg. electoral roll or letter from GP. (I am foreign born and still have to go through this process)

uh poor you... you're in the same boat as I am! I am overseas-born too and could not change my name before moving to the US due to those "restrictions" above (foreign-born, married overseas, returned to live in Australia with my spouse and did DCF there but could not do the name change through BDM because I left the country on day 364 of the 12 month residency requirement).

I did inquire with the authorities here about what I'd do in my situation now and they explained it would involve changing the name on my naturalization certificate (which is not mine to begin with, my name is listed on the back of dad's), then using that to change my passport name. I don't think I will bother though since I will naturalize in the US and receive my US passport before my Aussie one expires... and I probably won't renew it when it expires anyway

good luck to you!

[AusCal]

Interesting thread - I'm going to add my personal experience.

I am a foreign born naturalised Australian, I married in the US and am now there residing there.

I changed my name on my Australian passport at the LA Consulate using my US marriage certificate - absolutely no mention was made of any type of formal name change requirement- nor any mention of the requirement to change my naturalisation certificate. Now this thread has me wondering. Just a FYI - the photo's I tool in a few years later for my passport renewal were unacceptable (mouth needs to be closed). I was able to go next door to Kinko's to have them retaken - they weer very familiar with the Aussie requirements.

I changed my NSW Drivers licence name in person, and did an early renewal, using my US marriage certificate.

I changed my name on ST George Bank accounts also using my US marriage certificate.

The only item I still have in my maiden name is my Medicare card - and, my Aust Naturalisation certificate.

Unless there becomes some need to, I have no plans to do a "formal" name change. Can anyone see any repercussions of this?

[Vanessa&Tony]

Interesting thread - I'm going to add my personal experience.

I am a foreign born naturalised Australian, I married in the US and am now there residing there.

I changed my name on my Australian passport at the LA Consulate using my US marriage certificate - absolutely no mention was made of any type of formal name change requirement- nor any mention of the requirement to change my naturalisation certificate. Now this thread has me wondering. Just a FYI - the photo's I tool in a few years later for my passport renewal were unacceptable (mouth needs to be closed). I was able to go next door to Kinko's to have them retaken - they weer very familiar with the Aussie requirements.

I changed my NSW Drivers licence name in person, and did an early renewal, using my US marriage certificate.

I changed my name on ST George Bank accounts also using my US marriage certificate.

The only item I still have in my maiden name is my Medicare card - and, my Aust Naturalisation certificate.

Unless there becomes some need to, I have no plans to do a "formal" name change. Can anyone see any repercussions of this?

Interesting and thanks

The only issue I see with the naturalisation certificate is if later in life you want any children to be Aus citizens you'd have to change it. I don't think you'd get into trouble for waiting... but I can't be sure.

I can't find a whole heap of information on it, but I did notice that you'll have no ID documents in your maiden name for when you DO want to change it.. so how do they prove that the Jane Doe applying for it is the Jane Smith who's name is on it?

I would assume that since you have your passport you should be okay but personally I'd've changed it with the rest just to be sure.

Also, out of interest, how long ago did you do this?

[AusCal]

Apologies for the slow response.

Interesting and thanks

The only issue I see with the naturalisation certificate is if later in life you want any children to be Aus citizens you'd have to change it. I don't think you'd get into trouble for waiting... but I can't be sure.

well, there are not going to be any children, so, that is a non-issue :-)

I can't find a whole heap of information on it, but I did notice that you'll have no ID documents in your maiden name for when you DO want to change it.. so how do they prove that the Jane Doe applying for it is the Jane Smith who's name is on it?

Well, I will always have my (UK)birth certificate with my maiden name. And, my Australian Naturalisation certificate.

I would assume that since you have your passport you should be okay but personally I'd've changed it with the rest just to be sure.

I hadn't even given any thought at all to changing the name on my naturalisation certificate - until this thread.

Also, out of interest, how long ago did you do this?

It was quite a few years ago - early 2002.

We do have plans for my husband and myself to move back to Asutralia - but, that's still a few years down the track. Although I'm just a little concerned about the Aussie naturalisation certificate name issue, I feel reasonably confident that an Australian passport in my married name should be adequate poof of citizenship.....I hope.

[Vanessa&Tony]

Apologies for the slow response.

We do have plans for my husband and myself to move back to Asutralia - but, that's still a few years down the track. Although I'm just a little concerned about the Aussie naturalisation certificate name issue, I feel reasonably confident that an Australian passport in my married name should be adequate poof of citizenship.....I hope.

You know I've looked and looked and looked and I can't find anything on it which makes me think not to worry about it. your birth certificate has your maiden name of course and there's the link. Your Aussie passport has been changed so I think that's enough honestly. If it really was a big deal I think the info would be easier to find (seriously.. i've googled and checked immi.gov.au and can't find anything requiring that to be name changed... maybe they treat it almost like your Australian birth cert?)

Edited by Vanessa&Tony, 22 April 2010 - 01:21 PM.

[AusCal]

You know I've looked and looked and looked and I can't find anything on it which makes me think not to worry about it.

Thanks, that's somewhat re-assuring.

So, I have:

UK birth certificate - maiden name (obviously)
Aussie Naturalisation cert - maiden name
US marriage certificate
US naturalisation certificate - married name
US passport - married name
Australian passport - married name

Sigh, maybe I should apply for a UK passport too - just for the hell of it LOL. But seriously, I would be interested in finding out if I am actually still a UK citizen. I was born in Scotland, lived there for three years before immigrating to Australia. Interestingly, I grew up in Australia giving absolutely no thought to nationality/immigration status. I naturalised with my family around at around 20, but, have little recollection of the process, other than a brief interview and the local ceremony (where we were all given a little wattle tree). It wasn't until I moved to the US and began dealing with the USCIS here that I realised how complicated it could all be.

[Vanessa&Tony]

Thanks, that's somewhat re-assuring.

So, I have:

UK birth certificate - maiden name (obviously)
Aussie Naturalisation cert - maiden name
US marriage certificate
US naturalisation certificate - married name
US passport - married name
Australian passport - married name

Sigh, maybe I should apply for a UK passport too - just for the hell of it LOL. But seriously, I would be interested in finding out if I am actually still a UK citizen. I was born in Scotland, lived there for three years before immigrating to Australia. Interestingly, I grew up in Australia giving absolutely no thought to nationality/immigration status. I naturalised with my family around at around 20, but, have little recollection of the process, other than a brief interview and the local ceremony (where we were all given a little wattle tree). It wasn't until I moved to the US and began dealing with the USCIS here that I realised how complicated it could all be.

It should be super simple to get your UK passport because of your UK birth cert. Here's a link for how to do it in the US: http://ukinusa.fco.g...ts/how-to-apply

It's up to you but I enjoy that passport a lot especially when I went to the UK and then all around Europe. I didn't need a visa for anywhere. I could move to Paris, or Italy with absolutely no issue. EU passports are handy If you don't need it yet though I would wait only because I'm due to renew mine and unlike Australia who does the gratis passport, the UK doesn't so it's going to cost me US$223 to renew that one. Though for the aus one because I married in the US I need to pay for an official name change for Australia at least first before I get the gratis passport. Ugh. Fun.

Edited by Vanessa&Tony, 22 April 2010 - 02:44 PM.

[kaffy]

You know I've looked and looked and looked and I can't find anything on it which makes me think not to worry about it. your birth certificate has your maiden name of course and there's the link. Your Aussie passport has been changed so I think that's enough honestly. If it really was a big deal I think the info would be easier to find (seriously.. i've googled and checked immi.gov.au and can't find anything requiring that to be name changed... maybe they treat it almost like your Australian birth cert?)

Who knows what the rule really is... everything I read on the internet contradicts itself..

https://www.passports.gov.au/Web/FAQ.aspx#faq10

Q: My name has changed. Can I travel in my previous name, otherwise how do I change the name on my passport?

A: It is legal to travel in your previous name, but it is recommended in this case that your tickets are issued in the same name.

Passports are issued in your name at birth or citizenship. They may be issued in a different name if you have a name change document issued by the Registrar of Births, Deaths and Marriages (RBDM) or an amended citizenship certificate issued by the Department of Immigration and Citizenship (DIAC).

But then http://www.usa.embas...ssportsFAQ.html says

Q: How do I change my name?
A: • If you were born overseas – a revised birth certificate or name change certificate issued by the Registry of Births, Deaths and Marriages in Australia OR an official name change document issued by the equivalent overseas authority. This includes official marriage certificates, death certificates, divorce decrees or court orders for change of name.

[Kajikit]

I tried to figure out how to change my name in Australia without actually physically going there, and it's all too complicated for me... I haven't travelled anywhere since I was married five years ago, and I can't afford to anyway. My Australian passport expires later this year, and I just won't have one until I get citizenship and can get a US passport. It's not the way I would have chosen to do things, but they essentially tied my hands because of their irrational fear of the evildoers who were flooding the system with marriage-related name-change requests (NOT!)