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How does bankruptcy affect permanent residence?
Posted: Wed Dec 11, 2013 2:06 pm
by kimat
Hello, thanks for taking the time. I am an EU national residing in the UK for almost 5 years and now am about to be declared bankrupt because of financial problems. I also intend to apply for permanent residence in the next few months.
My question is what would the effect of bankruptcy be on my permanent residence application when I file for it? I need to get that status so as to be able to apply for British citizenship for my non-EEA family members citizenship in the future. Would bankruptcy have any impact on my citizenship process as we'll?
Thanks for responding, all advice and viewpoints are appreciated.
Posted: Wed Dec 11, 2013 2:24 pm
by Casa
The following is from the UKBA website re British Citizenship:
If you have been declared bankrupt at any time, you should give details of the bankruptcy proceedings. Your application is unlikely to succeed if you are an undischarged bankrupt.
Posted: Wed Dec 11, 2013 2:28 pm
by Amber
See also the
FAQ (click) at Question 15.
Posted: Wed Dec 11, 2013 2:45 pm
by jotter
It's pretty clear cut with regards to a BC application, however the question here is more about the application which you are planning to make now, which is not BC, it's EEA PR (EEA3). If you were able to obtain your proof of EEA PR, then chances are that by the time you got to applying for BC you may have gotten the bankruptcy discharged.
I think it would be good if you open up a topic on the EEA route applications forum for this, for a discussion about whether the European applications team would be as strict about bankruptcy as the BC team would be.
Posted: Wed Dec 11, 2013 3:38 pm
by Amber
PR is automatic, you do not have to apply for it, so there would be no declaration to the Home Office.
Posted: Wed Dec 11, 2013 4:05 pm
by jotter
Amber_ wrote:PR is automatic, you do not have to apply for it, so there would be no declaration to the Home Office.
I know that PR is automatic, but why do you think anybody makes an EEA3 application? There are reasons for needing proof of PR, e.g. for demonstrating your settled status in order to assist your family. The poster has stated that that's what they intend to do. The EEA3 application form does have a good character requirement. So, the question of how that treats bankruptcy is a valid one.
Posted: Wed Dec 11, 2013 4:16 pm
by Amber
The Home Office ask regarding convictions etc for every application including that of a Bio-metric card replacement. The only thing that one could say for a residence card in relation to Bankruptcy is that, one may not be issued where:
Posted: Wed Dec 11, 2013 4:37 pm
by jotter
Thanks Amber. So that sounds like potentially a less strict interpretation of the good character requirement than what is applied to a naturalisation application. All the same, it would be good to hear of any practical experience of someone applying with form EEA3 (or EEA4 for that matter) while an undischarged bankrupt. Again, a topic best for the EEA route applications forum.