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will heavy debt affect my ILR Application n December as spou

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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alan2simms
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will heavy debt affect my ILR Application n December as spou

Post by alan2simms » Fri Oct 18, 2013 12:55 am

Hi everyone,
I am currently on tier 1 general dependant &will be applying with my spouse who is the main applicant for ILR in December, how ever I am in heavy debt acquired before marriage due to having serious health issues twice within 6 months and then going in to deep depression which required treatment and do to this day, to cut a long story short i am trying to get an IVA through a solicitor how will this affect my ILR? i have read through the posts but think my situation may be different as i am not the main applicant ? also my first application for an IVA got rejected by the creditors as they claimed i did not have a permanent job t pay off the obligation

any advice would be greatly appreciated

Amber
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Post by Amber » Fri Oct 18, 2013 8:52 am

Just make sure you are paying something off the debts each month, even token payments as to show you are not intentionally avoiding your debts. Moreover, try and avoid CCJs.

If you are struggling to pay your debts you should seek free, impartial and confidential advice from the National Debtline or Step Change or your local Citizens Advice Bureau.
**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.

alan2simms
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Joined: Fri Oct 18, 2013 12:29 am

Post by alan2simms » Fri Oct 18, 2013 2:55 pm

D4109125 wrote:Just make sure you are paying something off the debts each month, even token payments as to show you are not intentionally avoiding your debts. Moreover, try and avoid CCJs.

If you are struggling to pay your debts you should seek free, impartial and confidential advice from the National Debtline or Step Change or your local Citizens Advice Bureau.
Thanks for the quick reply
My solicitor says going for token payments at this late stage of debts is no good as companies will ask for unrealistic amounts of payments , as they have done before, as per his advise I am trying to go for something binding as an IVA , the thing is he says if the IVA get rejected this time as well the creditors might bankrupt me . my spouse and me do not have any financial connections at all.
do they conduct a credit search on the applicant ? if they do they will in all probability find out that i had never ever missed a payment until my illness and continued to do so afterwards as long as i could . sorry for the rant , but all the solicitor says is it should not be a problem as my spouse is sponsoring me and satisfy all the requirements and more ,but he is a solicitor and he said the same thing about the 1st IVA going through.I do have a hard time believing his intentions.
is this true are they more interested in the main applicant ?

i am ready for a through scolding :shock:

P.S : I have been to the CAB who agreed the best option under the circumstances would be to try an IVA as bankruptcy is out of the question ,
national debt line advised bankruptcy but said they couldn't advise any further as i did not have ILR or wasn't British did not know this was a requirement

Amber
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Post by Amber » Fri Oct 18, 2013 3:15 pm

They do not conduct credit checks, but, you'll have to declare CCJs if you have any.
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alan2simms
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Post by alan2simms » Fri Oct 18, 2013 3:44 pm

D4109125 wrote:They do not conduct credit checks, but, you'll have to declare CCJs if you have any.
Thanks

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