Reply from GRP in UK re denial of application.

[ToniAndrea]

  The following is a letter from GRP regarding refusal of a recognition certificate.
     Maybe I should mail them a nude photo showing all my lady bits.


DECISION
The certificate is refused.


REASONS

Ms. $^ has applied for a gender recognition certificate under section 1(1)(b) of the Gender Recognition Act 2004.  In order to satisfy the requirements for a gender recognition certificate under this sub-section, the applicant must show that she has changed her gender under the law of a country outside of the United Kingdom.  In other words, she must show that there is a law equivalent to the Gender Recognition Act 2004 in the country in which she resides, under which the state has changed her gender. This is normally evidenced by a legal document from a court acting under the powers granted by that law.

Ms #$@#%  resides in Canada, where there are laws under which her gender can be changed.  However, the evidence she has produced does not show that this is what has happened.  Her evidence only shows that she has changed her name, had surgery to change the outward appearance of her sexual characteristics and goes under a female identity. This is not the same as showing that her gender has been changed by law.  The requirements for granting a certificate under section 1(1)(b) are not satisfied.  The certificate was accordingly refused.



Panel Member Name:   grplm1008 

Date:    28 April 2010   

[rejennyrated]

Right now that makes a bit more sense. I have researched this and I now understand how it is supposed to work.

What  they are saying is this:

1. You need to apply to the Canadian courts to issue an order for gender change - as indeed they would need to do before you could apply to the registrar in Canada to make any changes.

2. Obviously your birth certificate is not IN Canada - but what you then do is send the Canadian court order to the UK GRP with your application, or in this case your appeal.

3. The UK GRP then act on the Canadian court order - which constitutes proof that you have satisfies the legal requirements for change of gender in Canada and accordingly grants the certificate and instruct the UK authority to carry out the change in accordance with the canadian court order.

I know it sound long winded and blooody awkward - but the reason it is done that way is because technically as you may have dual citizenship it is necessary to ensure that the requirements of BOTH countries have been satisfied to make the change valid under international law.

[ToniAndrea]

Hi Jenny,
               I already registered with BC and Canadian Federal govts. That was done to change my Canadian passport, Can. picture id card, Drivers license, Medical, Income tax etc etc. The Canadian courts can not  issue or change gender on a birth certificate. I have contacted Dept of Vital Statistics here in BC and they tell me my Canadian Photo id card is recognized worldwide. Evidently not in the UK. They require a Gender Recognition Certificate from the GRP in order to change landed immigrant status and information registered at point and date of entry with an amended birth certificate.
     
   The GRP even doubted that my BC. Govt issued change of name certificate was geniune and wanted futher proof. Hell! The certificate is a steel engraved legal document.
      If I still get no satisfaction from all my actions and complaints I am going to apply for my UK pension in my old male name and just travel on my Canadian passport. Next trip to UK I will have to visit a GRP recognized psychiatrist at 350 pounds per hour and then re apply from the UK prior to moving to Spain.

[spacial]

Toni

I had a not dissimilar problem. My birth certificate is not British. I changed my las name when I was 18.

In my late 20s I needed to register with a body that had been set up by Act of parliment. To make matters more difficult, I was in Scotland, the body was in England and they were insisting upon applying English law. (That may not be very clear, but added just to show how complicated it became).

I too had driving licience, passport and just about everything else in my name but they were having none of it.

I eventually managed to get a lawyer, in Scotland to issue me with a Startutory Declaration.

This was accepted.

I know these have to be issued by certain types of lawyers. Not sure what they are called in Canada but in Scotland they are known as Notory Public.

Might be worth looking into.