would bankruptcy or IVA affect citizenship application?

Hi all,
would any of you good people know if a persons status in this country would be affected by BK or IVA?
Our local Immigration advice office cannot give us definite answer.
An application for indefinite leave to remain is to be made in two years time but we need to know if a bankruptcy or IVA now would adversely affect the application.
Would it be better to hang on for the two years on current payment plans and then apply for bankruptcy?
Any advice welcome thanks .
doing what I do best...trying!!-- lainey :j
Proud to be a Wooligan

Comments

  • gotnodosh
    gotnodosh Posts: 251 Forumite
    Here is an extract from the Immigration website:

    You must be of good character. Enquiries may be made to see if you are a security risk to the United Kingdom or if you have any criminal convictions. Checks are also usually made to see if you are financially solvent. This is not to see whether you can support yourself without public funds in the Untied Kingdom, but to establish whether or not you are bankrupt.

    So it is unlikely to get citizenship if you are and undischarged bankrupt. You also need to put down any proceedings at court so if you have a CCJ or something you will not pass.

    I have thought about applying for British citizenship too but I don't think I would pass the their enquires.

    Also found this:

    If the applicant is an undischarged bankrupt, or
    does not provide the information requested, and
    there do not appear to be any compelling reasons
    for disregarding the bankruptcy, the application
    should be refused.

    Debt
    4.4.1 Police enquiries, or other information, may suggest
    that an applicant is heavily in debt. This, in
    itself, should not be grounds for refusal if the
    loan repayments have been made as agreed or if
    acceptable efforts are being made to pay off
    accumulated debts. But where an applicant
    deliberately and recklessly builds up debts and
    there is no evidence of a serious intention to pay
    them off, the application should normally be
    refused.

    Hope this helps.
  • This is really useful, thanks so much.

    I need to pass this information on to someone else. Could you please provide me with the links to the site where you were able to find these extracts?

    many thanks again.
    doing what I do best...trying!!-- lainey :j
    Proud to be a Wooligan
  • gotnodosh
    gotnodosh Posts: 251 Forumite
    Hi,

    If you check out the guidance note on the application forms it will tell you on there.

    Going to try to insert a link:

    http://www.ind.homeoffice.gov.uk/6353/11406/anguidance1.pdf

    It's under Section 3 - Good character

    Hope this helps
  • thank you very much. this is really helpful,
    good luck with your application if ever you decide to go for it.
    doing what I do best...trying!!-- lainey :j
    Proud to be a Wooligan
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