Effect of IVA on my Tier 1 Entrepreneur 5 years ILR application

[sagarsptl]

Hello, I received my Tier 1 Entrepreneur extension application got approved in October 2017 and I am eligible to apply for my ILR end of February 2019.

However, when my extension application was in process, I got one CCJ (June 2017) and in order to arrange a payment agreement with the creditor filing the CCJ and some other creditors, I appointed an insolvency practitioner who assured that the CCJ will not come on my file if I take up this IVA. However, my name will be published in the insolvency register. I got into the individual arrangement from the same month (June 2017). After a month I got CCJ and they kept on insisting that the CCJ will get removed in a couple of months. This didn't happen and I have proof of their false promises.

To cut the story short, do you think the IVA and CCJ on my file will affect my ILR application and should I send proof of the story I have explained above. To my defense, I have been paying my agreed monthly installments since last 19 months now and will continue until the arrangement is completed as agreed.

Any help on this will vital to my application. Zimba and Marcnath your inputs are crucial as I have followed your threads and got all the previous application approved.

Thank you in advance.

[zimba]

No. This will not affect your ILR. Having debt is a civil issue. So with arrangement in place to pay it there are no repercussions for your ILR

Remember that to prevent a CCJ, creditors must have accepted your IVA BEFORE a CCJ was issued, otherwise an issued CCJ will remain on file for 6 years.

[sagarsptl]

Thank you so much for confirming. I have actually mis-sold this IVA. I was told that as long as the IVA is in place within 28 days of CCJ, CCJ gets removed from the file.

Do you think I should send any proof of monthly payments towards this IVA in my application?

[zimba]

No. As I said debt has no effect no ILR

[sagarsptl]

Thank you, Zimba for the prompt reply and I apologise for the delay in my response.

So should I just mention the CCJ and IVA under details of court judgement or civil penalty in the SET(0) form? Do I need to provide any further proof of paying those monthly instalments as agreed under the IVA?

Secondly, I cannot find form CT41G in my records. I have read in one of the other threads that it is a mandatory document. I had included an HMRC VAT registration document during my extension application which was dated within 3 months before my initial application. Do you think this can again work as an alternative for CT41G or is it not an option?

[CULLINAN]

Thank you, Zimba for the prompt reply and I apologise for the delay in my response.

So should I just mention the CCJ and IVA under details of court judgement or civil penalty in the SET(0) form? Do I need to provide any further proof of paying those monthly instalments as agreed under the IVA?

Secondly, I cannot find form CT41G in my records. I have read in one of the other threads that it is a mandatory document. I had included an HMRC VAT registration document during my extension application which was dated within 3 months before my initial application. Do you think this can again work as an alternative for CT41G or is it not an option?

No VAT. You can prove registration with HMRC with either CT41G or CT603 or CT600 any of them. You must send one of them.

[CULLINAN]

Note you have to provide this registration with HMRC for corporation tax not VAT.

[zimba]

So should I just mention the CCJ and IVA under details of court judgement or civil penalty in the SET(0) form? Do I need to provide any further proof of paying those monthly instalments as agreed under the IVA?

No as only criminal judgments and penalties must be declared

[sagarsptl]

Thank you, Zimba. Information provided is ever so helpful.

I seem to have misplaced (or never received) CT41G letter when I formed the company in early 2014. I had however requested the UTR number in 2015 for which I have a letter from HMRC. Please, can you confirm the letter confirming company UTR number dated 2015 and last 2 years CT600 should be enough for showing company registered with HMRC? I had provided full annual accounts with CT600 for first 3 years during extension application.

[CULLINAN]

Thank you, Zimba. Information provided is ever so helpful.

I seem to have misplaced (or never received) CT41G letter when I formed the company in early 2014. I had however requested the UTR number in 2015 for which I have a letter from HMRC. Please, can you confirm the letter confirming company UTR number dated 2015 and last 2 years CT600 should be enough for showing company registered with HMRC? I had provided full annual accounts with CT600 for first 3 years during extension application.

Either CT600 or CT41G or CT603 is fine. There is no guidance CT600 or CT603 has to be the latest one.
Accounts and all years CT600 are not needed for ILR.

[sagarsptl]

Thank you for the information. Very useful.

[sagarsptl]

Hello, I have now applied online with my SOPRA appointment coming up next week. I will update the timelines on the relevant link.

I just wanted to check with you that since my wife is not applying as a dependant as she has got leave to remain until the end of this year, do I need to mention anything regards to the dependents? I currently have my wife and my little one as dependents, who have got leave to remain until the end of 2019. I have so far had a contradicting opinion from two solicitors I have spoken to so far.

Any input on this will be much appreciated.

[CR001]

Hello, I have now applied online with my SOPRA appointment coming up next week. I will update the timelines on the relevant link.

I just wanted to check with you that since my wife is not applying as a dependant as she has got leave to remain until the end of this year, do I need to mention anything regards to the dependents? I currently have my wife and my little one as dependents, who have got leave to remain until the end of 2019. I have so far had a contradicting opinion from two solicitors I have spoken to so far.

Any input on this will be much appreciated.

No.