Spouse Visa Debt Query (Urgent)

My Husband is a British Citizen and is going to file my spouse visa, I was previously in the UK first on a student visa and then on a PSW, I wanted to extend my stay as I wanted to do a Masters but I got unwell and had to return to my country. I have two problems now Firstly I do not have a criminal record or a CCJ but when I checked my credit history I have 5 defaults because I did not close my internet, phone, credit card and bank account. They amount to 4300 GBP which I plan to settle once I return. I do not owe money to the NHS or the Home Office. How should I tackle this when my husband is applying for my spouse visa

Secondly since i was unwell I overstayed 10 days as well, how should i present this on the application

Any help on the above two will be great

Thank You

Debts/unpaid loan amount usually have adverse affect on application. In my view preferably even before you apply visa your partner in UK start contacting to debt collectors and start repaying.
Regarding overstaying you can attach gp/hospital letter.

Dear Seagul

How will this adversely affect my application ? Does the HO check the credit history as well ?
Secondly where on the form will they ask for my financials?


I am extremely confused and worried so please let me know asap.

Sara37 wrote: ↑

Mon May 20, 2019 12:34 pm

Dear Seagul


Secondly where on the form will they ask for my financials?

Almost all forms ask about outstanding debts/loans

seagul wrote: ↑

Mon May 20, 2019 7:14 pm

Sara37 wrote: ↑

Mon May 20, 2019 12:34 pm

Dear Seagul


Secondly where on the form will they ask for my financials?

Almost all forms ask about outstanding debts/loans

Where exactly are you getting this from??

It asks about NHS debt or possibly CCJ, nothing else.

In now a days a lot of service providers takes the person to court after few reminders through post followed by bailiffs visit. Debt recovery court cases despite not yet formed as CCJ but might affect the application. And a lot of forms do ask about none-NHS outstanding amounts/debts/loans too.

I am slightly confused i do not have NHS debt or a CCJ, so the defaults need to be addressed where and how ?like my husband is the main applicant and I will settle my debts but for that I need to be in the UK first, i am currently unemployed

can anyone please help on the above matter as I am confused about how to deal with the debt issue

Sara37 wrote: ↑

Mon May 20, 2019 9:51 pm

?like my husband is the main applicant and I will settle my debts

But in your first post you said that your husband is British citizen then how come he is the applicant??

sorry I got a bit over stessed out I am the applicant my husband is the sponsor, secondly they are my debts that I will settle once I am earning as I am currently unemployed, so where will i have to declare them and how should i handle the matter

Sara37 wrote: ↑

Wed May 22, 2019 9:07 pm

so where will i have to declare them

Wherever it will be asked.

it is not asked anywhere on the form , now what should i do about the defaults ?

Outstanding debts are only an issue when applying for British citizenship (apart from a NHS debt), not for a Spouse visa.

Thank you so much Casa for the reply


I will make a special prayer for you for putting my heart at ease

seagul wrote: ↑

Mon May 20, 2019 7:31 pm

In now a days a lot of service providers takes the person to court after few reminders through post followed by bailiffs visit. Debt recovery court cases despite not yet formed as CCJ but might affect the application. And a lot of forms do ask about none-NHS outstanding amounts/debts/loans too.

It is the most frequently occurring practice in now a days. Even the form will not specifically ask you as what you owe to who rather will definitely ask about question that whether you have any court proceeding anywhere including UK. So as mentioned earlier that if you don't pay then service/finance lending companies after few postal reminders hand over the matter to bailiffs and then the matter drags to court for recovery. Best solution is that your partner start contacting them on your behalf and agree on solution with them. Good luck

Page 65 of the Immigration Rules (which trumps any other guidance) only lists unpaid NHS charges as a reason to refuse a Spouse Settlement visa due to outstanding debt.

https://assets.publishing.service.gov.u ... 9.0EXT.PDF

If there is court proceeding which hasn't been sorted out by the applicant then application will definitely be affected and not disclosing it in application will lead to deception which is one of the general grounds of refusal. That is why as mentioned earlier that contacting the relevant authorities and seek some solution with them will be wise.

seagul wrote: ↑

Sun May 26, 2019 6:35 pm

If there is court proceeding which hasn't been sorted out by the applicant then application will definitely be affected and not disclosing it in application will lead to deception which is one of the general grounds of refusal. That is why as mentioned earlier that contacting the relevant authorities and seek some solution with them will be wise.

Seagull

Credit checks are NOT performed by the Home Office on overseas applications. Debt is a civil matter and has no impact on the application. There are no authorities to contact only the creditors.

Stop giving false information

Sara37 wrote: ↑

Sun May 26, 2019 11:16 am

Thank you so much Casa for the reply


I will make a special prayer for you for putting my heart at ease

If this helps you in any way - I was in UK before i left and applied for spouse visa couple of years later. I left in a rush and hence unpaid debt. At the time of submitting my application for spouse visa I couldn't have known anything about being in default or ccj as I wasn't in the country so ticked No to those questions. And the visa was granted without any issues.

Frontier Mole wrote: ↑

Sun May 26, 2019 11:03 pm

seagul wrote: ↑

Sun May 26, 2019 6:35 pm

If there is court proceeding which hasn't been sorted out by the applicant then application will definitely be affected and not disclosing it in application will lead to deception which is one of the general grounds of refusal. That is why as mentioned earlier that contacting the relevant authorities and seek some solution with them will be wise.

Seagull

Credit checks are NOT performed by the Home Office on overseas applications. Debt is a civil matter and has no impact on the application. There are no authorities to contact only the creditors.

Stop giving false information

Frontier Mole

Stop inserting irrelevant assumption. Who is saying credit checks will be performed. What i am telling that unpaid debts in now a days drags to court for recovery which is very frequently happening. Almost all finance/service providing companies now employ contractors (bailiff/recovery officers) for the recovery of their debts and matters reaches to court. Neither the credit checks will be performed nor any pacific debt will be asked rather the application form must ask that "have you ever involved in court proceeding anywhere including UK". If the answer will be yes then it can affect/delay the application and if the answer will be no then it might leads to deception. Therefore, at the very beginning the correct advice was given that OP's partner in UK should contact them on his behalf and come to some solution.

Seagull you are in an immigration forum and it is of no consequence if debt is outstanding for an application to the UK other than the NHS.
For the avoidance of doubt court action is for criminal activity and not civil or family cases.

There are no ccj and i have not received anything from the court so what should i do ? How am i using deception when I myself am not aware............. stressed again as I am not sure what to do

There is nothing to declare, there are no criminal cases pending so that is a no in that box.

Thank you to everyone who has taken the time out for the replies

This is the question on the form

Have you had any UK court judgment against you for a non-payment of a debt, or received a penalty under the UK immigration acts?

how should i answer this ?