Press For Change. The UK's Leading Experts in TRansgender Law. BM Network, London, WC1N 3XX Tel: +44(0)08448 708165 E-mail: office@pfc.org.uk

Link to the Pfc Twitter Newsfeed

LInk to the Press For Change Facebook Group

 

 

 

Guidance on how to Apply for a Gender Recognition Certificate.

 

Question: I was born in the UK but have lived overseas for many years, and had my gender change recognised here, but now I want to apply for a gender recognition certificate. Which forms should I use ; the OVERSEAS or the STANDARD track forms?

Short answer: If your birth was registered in the UK, or with the British Forces overseas as the child of a parent with UK nationality, you would apply for Gender recognition using the Standard Track Forms. If you were born overseas in an Approved territory, AND you have had your new gender recognised for all legal purposes in their home country, you should use the Overseas Track Forms

 

1. Who uses the Standard Track Forms? The Gender Recognition Panel's website is here

 

The Standard Track forms are to be used by people whose:

  • Birth was registered in the UK, or by British Forces overseas** (or with a British Consul or High Commission, or under Merchant Shipping or Civil Aviation provisions)
  • Birth was registered elsewhere, but who has NOT obtained recognition of their acquired gender for all legal purposes.

 

If your acquired gender has been recognised for all legal purposes, in another country and that country is on the approved list of territories, you can apply using the overseas recognition process. If not, you will need to apply using the standard application process.

** Includes the British Forces overseas, a British Consul or High Commission, or under the UK's Merchant Shipping or Civil Aviation provisions

A trans person may be living inside or outside the UK at the time of the application.

All that is relevant is that

a. their birth certificate is a UK birth certificate, or/

b. that there is no gender recognition system in their home country or state, or/

c. that they have not made us of their home country's gender recognition process

AND

d. The person has been diagnosed with gender dysphoria, AND

e. the person has been living permanently in their preferred gender role for at least 2 years , AND

f. the person is unmarried (though married people can apply for an Interim certificate) , AND

g. the person is able to provide the appropriate evidence (see more below), the application form and the fee

Any documents you have in your new gender in the new country, may stand as good evidence of you having fully lived in your new gender for at least 2 years when applying for a gender recognition certificate. However they are not proof of your legal gender, here in the UK.

The reason for this is that prior to 2004 the provision of day-to-day documents like driving licenses and passports was not contained in law. They were provided as discretionary concessions to make lives more comfortable and less likely to be victimised.

n.b. Even though the Gender Recognition Act itself has brought about the apparent circumstances where people might have more than one birth certificate, people who are issued with new birth certificates should destroy their old birth certificates completely. However, if you do keep it as a souvenir, be aware your old certificat has no legal standing, and it might always betray your hard won privacy.

 

2. Who Uses the Overseas Track Forms?  The Gender Recognition Panel's website is here 

 

The Overseas Track ONLY is for those people:

  • who have had their new gender recognised for all legal purposes in the country of which they are now a citizen.

e.g. a person who is a ctiizen of Spain, who has had recognition of their new gender for all legal purposes.

 

A trans person may be living inside or outside the UK at the time of the application.

 

Please note the following:

1.

 

If your acquired gender has been recognised for all legal purposes, in another country and that country is on the list of approved territories, you can apply using the overseas recognition process. If not, you will need to apply using the standard application process.

 

2.

 

You can apply from outside the UK e.g. before coming to visit or work in the UK, or whilst you are in the UK.

 

3.

 

If you are legally married to a person of the opposite gender, or you are in a civil partnership with someone of the same gender, you might well wish to apply in advance so as to ensure their rights to enter the country as your partner.

 

4.

 

The process of gender recognition in their home country needs to have been as rigorous as that of the UK i.e. the person must have been permanently living in their preferred gender role for AT LEAST 2 years prior to recognition, medical reports must have been required before recognition is given, and you must intend to live permanently for the remainder of your life in your recognised gender.

 

5.

 

However, unlike standard track applicants, you can be married - so long as it is a legally recognised marriage to a person of the opposite gender - not a person of the same gender, or you can be in a civil partnership with someone of the same gender .

 

6.

 

You can apply using the overseas track form if your birth was registed in Britain, SO LONG AS, you have obtained recognition for all legal purposes in one of the approved territories.

 

7.

 

Please note that many territories do not afford full legal recognition unless your birth certificate is altered or re-issued. As other countries cannot amend or reissue UK birth certificates, you may find that despite having every other document altered., you do not have full legal recognition in some countries. For example in some Australian states, full legal recognition can only be afforded  to those whose birth is registered in that state.

 

e.g. The UK alters every other document at the point of transition not 2 years later, at the point of legal recognition. But all of those documents eg. driving licence, passport, national insurance number, NHS medical number etc. do not , in themselves, afford legal recognition. This has caused many problems for people born in the UK, but now living overseas. If you have any doubt - use the Standard track form.

 

 

Useful LInks:        

 

The Gender Recognition Act 2004

The GR Act 2004: Explanatory Notes

The Gender Recognition Panel website

Gender Recognition Application Process

GRP General Guide for Applicants

 


The Standard Track

Standard Track Guidance

Standard Track Forms

 

The Overseas track

Overseas Track Guidance

Overseas Track  forms


 

List of Approved territories

List of Approved Gender Dysphoria Specialists

Current Cost of Making a GRC Application

Gender Recognition Panel FAQ's

Guidance on Pensions for Married Couples & those in Civil Partnerships  

Guidance for Married Couples & those in Civil Partnerships