Notice of enforcement for inherited debt during naturalization process

[AedanP]

Hi All,

I applied for naturalization 3 months ago after 5 year skilled worker route, including my spouse, and have been waiting for decision.

However we have just been informed from our home country that my wife got a notice of enforcement there 4 months ago, right before we apply for naturalization, which we never received that through our Consulate although they knew our address, because of her father's debt (probably credit cards etc.) after his death as she is the only legal heir. She has never seen her father who left after her birth therefore she was never aware of such debt or even the death. She will take legal actions in home country as she does not owe the debt, and also reject inheritance but it's been more than 2 years after death so it will not be a quick and straightforward thing.

I wonder if this affects our naturalization application due to good character rule etc as she seems to be in this legal position although she did not owe the debt.

I read through the document here, but could not think of anything related.
https://assets.publishing.service.gov.u ... racter.pdf

Do you have any suggestions? Should we look for legal advise here in UK as well or any need for communication with HO?

[contorted_svy]

I would try talking to an immigration solicitor, it's quite a niche situation, so I would seek professional advice and inform UKVI of this.

[alterhase58]

Debt in itself is not an issue for naturalisation - but this is debt incurred by a relative abroad, it's not yours, you are contesting it, it's a civil matter and abroad.

If debts are being pursued on behalf of someone's estate then there's normally the option to refuse the inheritance.

It wouldn't show on your UK credit reference in the first place. If you were convicted abroad of fraud, or criminal bankruptcy, or similar financial crimes you would have to disclose that.

As I see it there's nothing to disclose.

Do you have any suggestions? Should we look for legal advise here in UK as well or any need for communication with HO?

Legal advice in the UK for a matters abroad could be very expensive, plus in the first place you need to find an expert who is familiar with your country's laws & regulation. This is also not a matter for the Home Office, not a criminal matter and you clearly don't know where this will go. And in my view it's not casting a shadow over your application. It's a civil matter.

[AedanP]

Thanks a lot for your advice.