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19 March 2021   |    News

Success for trans EU citizen getting settled status

We’re delighted to share that the Scottish Just Law Centre, which we are a partner organisation in with Just Right Scotland, has successfully challenged the Home Office on their requirement that a trans EU citizen had to have their settled status issued using their old name as shown on their passport from their country of origin.

Changing their name on their passport would have been incredibly difficult – and required them to return to their country of origin, incur great expense, and likely face transphobia.

On finding out the news, they told us:

‘I changed my name by deed poll a good few years ago, and all my other documentation in the UK is in my name – I’m very relieved this is now the case with my settled status, too. I’m proud of being trans and generally open about it, but having to out myself whenever signing a new tenancy agreement, or future employers knowing a name I no longer use, was not something I was looking forward to.’

Although the Home Office does allow some discretion for trans people whose country of origin do not allow name changes, or who make them very difficult, this proved to be impossible to navigate on the online application process. This meant they had to apply for their settled status and have it issued using their old name, despite this not matching any of their other documents issued in the UK (including their permanent residence documentation).

We’re delighted that the Scottish Just Law Centre has successfully challenged this. If you or anyone you know is having a similar problem, please do get in touch – as we can help!

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Scottish Trans is part of the Equality Network