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Hi Guys I need your advice on this, I am due to apply for long residence leave to remain next year.

I needed some clarification on below question that appears on ILR O application form:

Have you had any UK court judgment against you for non-payment of a debt, or received a civil
penalty under UK Immigration Acts?

I did receive Council Tax Notice of liability order for non payment of council tax , I did not receive any reminder from council tax and when the notice was issued I was out of town. When I returned and saw the notice I immediately paid the full council tax amount of 100 GBP as well as 600 gbp for future months.

Now what should be the answer to the above question yes or no and if it is Yes is it likely to affect ILR? please advice.

Many tHanks

nbhatt wrote: ↑

Thu Oct 12, 2017 12:11 pm

Hi Guys I need your advice on this, I am due to apply for long residence leave to remain next year.

I needed some clarification on below question that appears on ILR O application form:

Have you had any UK court judgment against you for non-payment of a debt, or received a civil
penalty under UK Immigration Acts?

I did receive Council Tax Notice of liability order for non payment of council tax , I did not receive any reminder from council tax and when the notice was issued I was out of town. When I returned and saw the notice I immediately paid the full council tax amount of 100 GBP as well as 600 gbp for future months.

Now what should be the answer to the above question yes or no and if it is Yes is it likely to affect ILR? please advice.

Many tHanks

Unless you have been taken to court by the council(usually through a debt rocovery agency) I wouldn't worry about.

That notice is usually served on you when you have not paid in time and the council then go to the magistrates to get that order to they can legally recover the money from you. It does not go on to your criminal record (not that it even amounts to a criminal record at this stage) nor does it affect credit rating, if anything you have an opportunity to settle the debt as it does give you, up to 14 days to come to an arrangement.

Again, a civil penalty is when a government agency imposes a financial fine against you for intentional wrongdoing, but again they would write to you separately or you may go to court over it.

Again county court judgement or CCJ is only applicable to that question and you if you have failed to pay the debt owed either by arrangement or full payment to the party and you have not responded to them as then it will be registered against you.

As you mention you have come to an agreement to settle the debt so it should not be a problem in my view for the above question asked.

Again, the last part does refer to civil penalties under the immigration act, so anything that you may have received a fine under the immigration act would apply to that question. For example some companies get a civil penalty notice for employing illegal workers.

Hope it helps.

Note that a CCJ is simply an order to pay debt in civil matters. Civil penalty on the other hand is something completely different
Also note that the non payment of council tax is a civil matter. The Local Government Finance Act 1992 and the Council Tax (Administration and Enforcement) Regulations 1992 (SI 1992/613) contain some of the legal provisions. It should not affect a visa application (however it does affect the British citizenship applications)

Thanks Zimba and CMOSUK.

Debt was only of 100 GBP which I forgot to pay that also first time in my whole life and then I lost the right to pay council tax in installment as a consequence I received this notice and Council tax dept made me pay bills of 8 months in advance until next year , I am furious with this approach no reminder straight notice.
I hope nothing has been registered against me mamaaaaaaaaa

I am not sure if I will get through to ILR but one thing I am sure is I will definitely get a stroke one day:(

nbhatt wrote: ↑

Thu Oct 12, 2017 7:38 pm

Thanks Zimba and CMOSUK.

Debt was only of 100 GBP which I forgot to pay that also first time in my whole life and then I lost the right to pay council tax in installment as a consequence I received this notice and Council tax dept made me pay bills of 8 months in advance until next year , I am furious with this approach no reminder straight notice.
I hope nothing has been registered against me mamaaaaaaaaa


I am not sure if I will get through to ILR but one thing I am sure is I will definitely get a stroke one day:(

Again,
It seems you are under a payment plan and normally in Scotland anyway, the council will pass this on to a debt recovery agent to handle the recovery.

But you are being responsible as you are owing up to the debt and managing it responsibly and the main thing is they haven't taking you to court or further action.

CMOSUK wrote: ↑

Fri Oct 13, 2017 9:26 am

Again,
It seems you are under a payment plan and normally in Scotland anyway, the council will pass this on to a debt recovery agent to handle the recovery.

But you are being responsible as you are owing up to the debt and managing it responsibly and the main thing is they haven't taking you to court or further action.

Where has the OP stated they are in a payment plan?? OP stated clearly that as soon as he got the notification he paid the debt in full.

CR001 wrote: ↑

Fri Oct 13, 2017 9:30 am

CMOSUK wrote: ↑

Fri Oct 13, 2017 9:26 am

Again,
It seems you are under a payment plan and normally in Scotland anyway, the council will pass this on to a debt recovery agent to handle the recovery.

But you are being responsible as you are owing up to the debt and managing it responsibly and the main thing is they haven't taking you to court or further action.

Where has the OP stated they are in a payment plan?? OP stated clearly that as soon as he got the notification he paid the debt in full.

Woops, your right I misinterpreted that part after reading reading the OP again. My apologies.

Thanks CR001. I managed to speak to Council tax manager and she has confirmed that no further action will be taken against me because I have paid the debt not only in full but in advance until Next year Feb 2018. Second question I asked her is has my name been registered in the court for non payment of bill ? she said no because I had cleared the payment upon the receipt of notice of liability and now there is no further debt therefore nothing of this sought has happened nor my name has been registered in the court however in future I need to be careful and clear the bill as soon as it arrives.

Finally a sigh of relief phewwwwwwwww