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URGENT Advice needed Discharged Bankruptcy and P60 query ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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suhail3007
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Joined: Sun Feb 24, 2013 12:43 pm
Location: United Kingdom

URGENT Advice needed Discharged Bankruptcy and P60 query ILR

Post by suhail3007 » Tue May 07, 2013 12:31 pm

Hello

I wwould be obliged if someone can offer me the right advice for below mentioned queries as I am highly stressed with my forthcoming ILR application under Tier 1 General -

1. Due to unexpected financial circumstances, I had to declare myself bankrupt in 2011. I got discharged in sep 2012. Will it have an effect on ILR application ?

I read somewhere it should not as far as you are discharged but still not sure about it ?

2. Are P60s must to present with application ? I dont have copies of all P60s for the first 3 years. will the employer letter be sufficient to act as an evidence of my employment in past years ?

Please note : I do meet my 75 points criteria based on 12 months earnings. Although I had to declare myself bankrupt, it was due to decrease in income overall and I had too much outstanding debts at that time which I couldnt afford to pay on my own as I was only earning member of my family.

Your speedy response will be appreciated as I have got my appointment coming soon in next few weeks

Regards

uksettlement
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Posts: 734
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Post by uksettlement » Tue May 07, 2013 8:05 pm

For ILR thru tier 1 route u only have to show earnings for the last one yr. hence no need to declare anything about the bankruptcy.
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

suhail3007
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Posts: 4
Joined: Sun Feb 24, 2013 12:43 pm
Location: United Kingdom

Post by suhail3007 » Sat May 18, 2013 4:34 pm

Hello uksettlement

Apologies for delayed response.

I agree with what you are saying but as per my solicitor it is required to disclose bankruptcy even though I am discharged now. Moreover even if I get ILR by not disclosing it, it may make my case complicated for citizenship in future as they would question why I didnt disclose it in my ILR.

I tried calling Home office customer service and they themselves are not sure as nowhere on their rules are mentioned abt effect of bankruptcy on ILR

Different solicitors give diff opinions. Hence there is no way for me to get an official confirmation about it.

I am highly stressed and would be obliged if someone has any idea about it

Amber
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United Kingdom

Post by Amber » Sat May 18, 2013 9:40 pm

suhail3007 wrote:Hello uksettlement

Apologies for delayed response.

I agree with what you are saying but as per my solicitor it is required to disclose bankruptcy even though I am discharged now. Moreover even if I get ILR by not disclosing it, it may make my case complicated for citizenship in future as they would question why I didnt disclose it in my ILR.

I tried calling Home office customer service and they themselves are not sure as nowhere on their rules are mentioned abt effect of bankruptcy on ILR

Different solicitors give diff opinions. Hence there is no way for me to get an official confirmation about it.

I am highly stressed and would be obliged if someone has any idea about it
Accumulating debts with no intention of paying them back is a general grounds for refusal so yes the advice is correct to declare it as it is a material fact.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Post by sheraz7 » Sun May 19, 2013 3:07 pm

you can request online for your credit score/report to know your actual current status.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

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