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Discharged Bankruptcy Issue - ILR due May 2013

Posted: Sun Feb 24, 2013 12:51 pm
by suhail3007
Hello

I have got a specific query regarding bankruptcy and would highly appreciate if somebody can give me accurate info about the same, as I have tried contacting different solicitors who gave me different versions / answers and I dont want to end up hiring some solicitor who messes up my ILR applicatio.

The situation goes likes this -

Due to unavoidable financial circumstances, I had to declare myself bankrupt in Sep 2011 as I had to take massive pay cut in my salary or else I was facing redundancy and I wasnt getting any other good pay job elsewhere due to recession.

I got discharged in Sep 2012. During this entire 12 month period I was on job. I recently changed employment and got well paid job and thankfully I am meeting earning requirements of £25k annually for last 12 months before date of application.

My question is will my bankruptcy have any effect on ILR ? When I did my research, I found out as far as it is discharged which it is, it wont affect ILR.

When I looked in SETO form, there is no space asking for this info. So when I spoke to different solicitors, some said u dont need to show as they have not asked for it. Some say its better to declare that you have been bankrupt but already discharged and it will not affect ur ILR.

I am highly confused and would appreciate if somebody can provide any accurate info on it.

Posted: Tue Feb 26, 2013 12:44 pm
by sayome_now
@ suhail3007

I researched in-depth into bankruptcy sometime ago when I found myself in the same situation before finally opting for debt management plan.

My research revealed that once you are discharged from bankruptcy then it should not have any effect on ILR. However, there would be investigation into the fact that those debt were recklessly amassed or not, which HO called deliberate debting! If the bankruptcy does not involve recklessness then you should be fine. What I don't know is if you will need to post your application in or you can take the advantage of PEO.

I hope this help!