ILR and Naturalization

shak80 · Post by **shak80** » Sun Jan 06, 2013 1:06 am

Hi,
I got a lease on personal name, now business is down as can not afford to pay rent, might be landlord file my bankruptcy, i want to know will this bankruptcy affect on my ILR and Naturalization. currently i am on spouse visa.

please reply

Thanks

Regards

skymoon · Post by **skymoon** » Sun Jan 06, 2013 8:14 am

There should be no problem but try to settle with landlord and arrange the payments in installments. Good luck.

Post by **CR001** » Sun Jan 06, 2013 1:34 pm

Bankruptcy will definitely affect your naturalisation application and it will be refused. Not sure about ILR. The link below gives more detail on guidance for caseworkers in Section 8

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

asim72 · Post by **asim72** » Sun Jan 06, 2013 2:01 pm

Landlord cannot file for your bankruptcy. The only person who can file for your bankruptcy is you yourself.

If you are unable to afford rent, then its a civil matter between you and your landlord. I am sure if you vacate the property and willing to pay full or part outstanding rent to your landlord, then this will have no bearing on any matters with UKBA.

Post by **CR001** » Sun Jan 06, 2013 2:05 pm

Incorrect asim72, a creditor can apply, see link

https://www.gov.uk/bankruptcy/overview

asim72 · Post by **asim72** » Sun Jan 06, 2013 3:48 pm

Sorry, my mistake and wrong understanding.

On the other hand, if someone does not have much assets, then the creditor might actually lose out rather than gain by making someone bankrupt.

stokbrig · Post by **stokbrig** » Sun Jan 06, 2013 8:39 pm

CR001 wrote:Bankruptcy will definitely affect your naturalisation application and it will be refused. Not sure about ILR. The link below gives more detail on guidance for caseworkers in Section 8

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Hi CR001,
Could you please attach similar link related to ILR.
Thanks in advance

Post by **CR001** » Sun Jan 06, 2013 9:55 pm

@Stokbrig - I can't find similar link to post for you, but I do recall getting advice from CAB at the end of 2011 about the effect of IVA and Bankruptcy on applying for ILR. I was advised that it would be more difficult to get approval and they suggested I go onto a debt management plan instead, which I did and got my ILR in March 2012 without any problems. I don't have any CCJs or anything similar, just a bad credit report and I applied for my BC naturalisation in October 2012 which was also approved without any problems.

If you apply for bankruptcy and it is approved, you will not be able to apply for citizenship for at least 6 years as that is how long it stays on your record.

Hope this helps but if I do find the document relating to ILR, I will post it.

Thanks

Char

stokbrig · Post by **stokbrig** » Mon Jan 07, 2013 6:14 am

CR001 wrote:@Stokbrig - I can't find similar link to post for you, but I do recall getting advice from CAB at the end of 2011 about the effect of IVA and Bankruptcy on applying for ILR. I was advised that it would be more difficult to get approval and they suggested I go onto a debt management plan instead, which I did and got my ILR in March 2012 without any problems. I don't have any CCJs or anything similar, just a bad credit report and I applied for my BC naturalisation in October 2012 which was also approved without any problems.

If you apply for bankruptcy and it is approved, you will not be able to apply for citizenship for at least 6 years as that is how long it stays on your record.

Hope this helps but if I do find the document relating to ILR, I will post it.

Thanks

Char

CR001- many thanks for your reply, actually I am after a doc. called ''Criminality requirement for settlement''issued after 13 December 2012
if you know where to find this document please post it.
Thanks

Post by **CR001** » Mon Jan 07, 2013 7:13 am

If you Google the document, I am sure you will find it. If you had said that you were looking for that specific doc, I could have posted a link when I found it last night. I am quite sure the do is available on UKBA website.

Post by **CR001** » Mon Jan 07, 2013 9:41 am

@stokbrig - I think page 20 of the link below is what you are looking for :

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

sayome_now · Post by **sayome_now** » Mon Jan 07, 2013 10:01 am

@CR001 - If you apply for bankruptcy and it is approved, you will not be able to apply for citizenship for at least 6 years as that is how long it stays on your record ......

The bit I highlighted in bold above is not true. According to the UKBA document on good character requirement, it clearly stated that if one's bankruptcy is discharged (which is normally one year), then one can apply for ILR and BC. But this fact needs to be disclosed on the application form. However, bankruptcy stays on one's credit report for 6 years like you rightly mentioned.

I will find the link for good character requirement and post it for you guys to read

stokbrig · Post by **stokbrig** » Mon Jan 07, 2013 12:15 pm

CR001 wrote:@stokbrig - I think page 20 of the link below is what you are looking for :

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Thank you very much

sayome_now · Post by **sayome_now** » Mon Jan 07, 2013 12:24 pm

Chapter 18 to Annex D

The Good Character Requirements

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

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ILR and Naturalization

ILR and Naturalization