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ILR - liquidation / bankruptcy

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Tkhan090
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ILR - liquidation / bankruptcy

Post by Tkhan090 » Fri Jul 26, 2019 8:03 am

Dear respected members,

I'd applied for my ILR based on tier-1 £ 50K 2 months ago, decision is yet to be made

In last 3 years I'd invested some money/time into another business where I own small portion of shares too and F.D position, company had to buy lots of plant and machinery and as acting director I'd to provide personal guarantees on various plants although I do not own any home or high value asset but this is standard procedure for lenders to obtain PG's from directors. unfortunately that business has faced some serious financial incidents in last 2 months which put to its knees and heading towards liquidation

My question is, in worst case scenario what if those guarantees called in and they decide to make me bankrupt, does it going to effect my ILR application ?

Although the company & business which I'd used for ILR and visa applications has nothing to do with this business

Your valuable views/advise would be much appreciated.

Personal Rgds,
T Khan

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zimba
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Re: ILR - liquidation / bankruptcy

Post by zimba » Fri Jul 26, 2019 2:35 pm

No effect on ILR but could lead to refusal if you apply for citizenship
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Tkhan090
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Re: ILR - liquidation / bankruptcy

Post by Tkhan090 » Fri Jul 26, 2019 4:01 pm

Zimba wrote:
Fri Jul 26, 2019 2:35 pm
No effect on ILR but could lead to refusal if you apply for citizenship
Thanks Zimba

I assume once bankruptcy instructed, someone can't be a director for any company including which has been used to claim points for ILR, so does it effect the application in any shape or form ?

Also, what is time line to apply for citizenship once ILR approved ?

I've read if bankruptcy is discharged then applicant could apply after 1 year, of-course not a straight forward application.

Thanks once again

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zimba
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Re: ILR - liquidation / bankruptcy

Post by zimba » Fri Jul 26, 2019 8:02 pm

While individuals go bankrupt because of their personal debt, companies become insolvent. So if a limited company becomes insolvent, a director will not go bankrupt in most cases. That is the whole point of the limited liability. I suggest to seek legal help
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Tkhan090
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Re: ILR - liquidation / bankruptcy

Post by Tkhan090 » Sat Jul 27, 2019 8:41 am

Zimba wrote:
Fri Jul 26, 2019 8:02 pm
While individuals go bankrupt because of their personal debt, companies become insolvent. So if a limited company becomes insolvent, a director will not go bankrupt in most cases. That is the whole point of the limited liability. I suggest to seek legal help
I certainly would, but my concern is when I'd put my ILR application everything was fine so does my application being decided when I'd submit that or they'll consider current circumstance ?

Thanks

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aman90
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Re: ILR - liquidation / bankruptcy

Post by aman90 » Sat Jul 27, 2019 9:31 am

But ur current ILR application is not based on this company...

Tkhan090
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Re: ILR - liquidation / bankruptcy

Post by Tkhan090 » Sat Jul 27, 2019 10:24 am

aman90 wrote:
Sat Jul 27, 2019 9:31 am
But ur current ILR application is not based on this company...
That's correct Aman

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zimba
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Re: ILR - liquidation / bankruptcy

Post by zimba » Sat Jul 27, 2019 1:49 pm

My point is that you will not go bankrupt and business difficulty will have no effect
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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