Immigrationboards.com

Hello, I have applied for ILR on 05/10/2020 and I am awaiting a decision, but in the meantime I have received a CCJ notice to respond from a court, My question is in the ILR application I selected No to the question which asked whether I have any CCJ and now I have received a notice, To my understanding it should not affect my application because at the time of the application I did not had any ccj hence I answered no. Please advise me what should be done and whether I should be worried?

nish_patel7 wrote: ↑

Thu Oct 29, 2020 2:38 am

Hello, I have applied for ILR on 05/10/2020 and I am awaiting a decision, but in the meantime I have received a CCJ notice to respond from a court, My question is in the ILR application I selected No to the question which asked whether I have any CCJ and now I have received a notice, To my understanding it should not affect my application because at the time of the application I did not had any ccj hence I answered no. Please advise me what should be done and whether I should be worried?

For ILR it should not affect application as there is no question about good character however if it were naturalisation process wherein good character is part of the process then will affect.
Since you have put in application already before the CCJ notice dont think there is any need to update HO that you now have a CCJ. More informed or experienced opinion on this welcome for OP.

What do you mean by a CCJ Notice?

A County Court Judgement is only an issue if it is against you and you do not honour it within 30 days.

If it is just a notice of proceedings against you, acknowledge it (save for defects in service), file your defence and go to the hearing. There is an abundance of online material ( Handbook for Litigants in Person https://www.judiciary.uk/publications/h ... il-221013/). There are law societies and Universities which provide free legal advice too.

If by notice you meant a judgement, you can still make an application (at a cost) to have it set aside and have a second hearing to plead your case. Small claims (£10,000) and fast track (up to £25,000) are usually easily defended by litigants in person and the Judges are understanding towards such representation.

At the least, agree a repayment plan through the courts or with the claimant before any enforcement action commences. Inaction and negligence is what makes the consequences far worse.

Repaying in full, having it set aside to be heard again and subsequently being given a judgement in your favour will all not affect you or your ILR application.

It's a claim form, where a claimant has filled a case and I need to reply and once I will reply and acknowledge the debt a ccJ will be marked against me by the county court. Now because there is a possibility that I might get a ccj in one or two months time I was worried about my ILR application on the basis of Lying to home office because there was a specific question asking about whether I have a ccj and I answered No. And in coming month or two I might have a ccj. I have been affected heavily in this pendemic and there is no way I can repay in full so I will have to repay in installments which means ccj will be marked agianst me.

nish_patel7 wrote: ↑

Thu Oct 29, 2020 10:19 am

It's a claim form, where a claimant has filled a case and I need to reply and once I will reply and acknowledge the debt a ccJ will be marked against me by the county court. Now because there is a possibility that I might get a ccj in one or two months time I was worried about my ILR application on the basis of Lying to home office because there was a specific question asking about whether I have a ccj and I answered No. And in coming month or two I might have a ccj. I have been affected heavily in this pendemic and there is no way I can repay in full so I will have to repay in installments which means ccj will be marked agianst me.

Debt is a civil issue. It has nothing to do with criminality threshold under ILR. CCJs are issued by county courts to order people to pay back outstanding debt.

What I understood from your post is that someone made a claim against you, this letter probably gives you a few options to negotiate, if you can negotiate to pay the debt within 6 months the CCJ will not be issued, but make sure you respond to the claim, do not neglect it.