Who Cannot Witness a Deed Poll? (The Forbidden List)
You might think that finding a witness for your Deed Poll is easy. "I'll just get my mum to do it," or "My flatmate is right here, I'll ask them."
Stop! This is the fastest way to get your new passport application rejected.
While the law on Deed Polls is flexible, the rules on witnessing are strict. Government bodies require your witness to be independent. If they suspect your witness has a personal connection to you, they will refuse to accept the document.
To help you avoid a rejection letter, here is the definitive "Red List" of people who cannot witness your Deed Poll.
1. Family Members (The Big No-No)
This is the most common mistake. You cannot have any relative witness your signature.
It does not matter if they have a different surname to you (e.g., your married sister). It does not matter if they live in a different house. If they are related to you by blood or marriage, they are not "independent."
- No Parents (Mum or Dad).
- No Siblings (Brothers or Sisters).
- No Grandparents.
- No Aunts, Uncles, or Cousins.
Why? The Passport Office views families as a single unit with shared interests. They need an outsider to verify the change.
2. People Who Live With You (Cohabitants)
This rule catches many people out. Even if the person is not related to you, they cannot live at the same address.
- No Flatmates / Housemates.
- No Lodgers.
- No Live-in Partners.
When the witness writes their address on the Deed Poll, if it matches your address, it raises an immediate "conflict of interest" flag. Banks and the DVLA will assume you have exerted influence over them, rendering their signature invalid.
3. Romantic Partners (Even if living apart)
Can your boyfriend or girlfriend witness your Deed Poll if they live in a different house?
Technically? Maybe.
Should you risk it? Absolutely not.
While they have a different address, they are clearly not "independent." If a bank clerk or passport official suspects the relationship (e.g., you are moving in together or getting married), they can reject the document. It is safer to ask a neutral friend or colleague.
4. Anyone Under 18 (Minors)
A witness must have the legal capacity to testify in court if necessary. Therefore, they must be an adult.
- No children.
- No friends under the age of 18.
What Happens If I Use a Forbidden Witness?
If you ignore these rules, your Deed Poll is technically invalid for official use.
- You send it to HM Passport Office.
- They spot the witness shares your address or surname.
- They reject your application and keep your application fee.
- You have to buy a new Deed Poll, sign it again with a correct witness, and re-apply for your passport.
Summary: Keep It Neutral
The solution is simple: Ask a neighbour or a work colleague.
They are over 18, they live somewhere else, and they aren't related to you. That is the "Gold Standard" witness that will sail through every check.
