Too soon to apply?

[icebrick]

I have 25k in credit card debts. Every month my credit card debt goes up leaving me ever so close to the credit limit. I know that I can just about manage for a few months more but the reason why I didn't apply up until now is that I have been waiting for my Indefinite Leave to remain in the UK after having been legally resident for nearly 11 years. There were implications as the Home Office first of all denied my application as they told me that some of my Visa extensions weren't all intact. But as it now turns out that there is bound to be no implications for the upcoming court hearing. But for now, I am stuck.
Ross

[MelanieGiles]

Hi icebrick and welcome to the forum

I don't think that applying for an IVA will stop your application for residency, and if the decision is imminent then there is no harm in starting the process as it will take a couple of months from start to finish.

[icebrick]

Of the documents required to start the process will I need a Passport or Drivers license? As I don't have a drivers license what parts of the passport will I require to initiate the process?
Can it in any way affect the Court hearing whereby my ILR is due to be granted?
Will I have to show evidence of my legibility for an ILR during the IVA procedings?
Can current circumstances delay the IVA procedings in any way?

[ianmillington]

It's basically "know the client" so sight of the photo-page of your passport and an electricity bill or some other utility bill should be OK.

Basically to do an IVA you need to be in a position to legally present a Bankruptcy Petition. That means you must be insolvent and domiciled (defined as where you have your permanent home or principal establishment)in the UK and have been resident in the UK at any time in the previous 3 years.

Frankly I don't know whether or not the fact that you don't have Indefinite Leave to Remain complicates the domicile issue. Logic says me that if you don't have ILR you can't have a "permanent" home in the UK. However, I assume you have a lawyer acting for you, in which case it would make sense to ask him/her the question.

Ian

[icebrick]

Cheers. You have all been very helpful.

If I go through an IVA representitive, will they take care of everything on my behalf as they claim to do so (including all legalities)? Or should I call on a Solicitor for this?

Another concern I have is paying fees upfront.

[MelanieGiles]

An IP will look after all of the issues relating to proposing your IVA and dealing with your creditors, and most reputable firms will not charge you fees upfront.

[ianmillington]

Upfront fees are a thing of the past. If anyone asks for this, then the recommedation must be to go elsewhere.

Assuming the point I made about ILR is cleared (there would be nothing more embarassing than for you to enter into an IVA when you were not entitled to bo so) then the IP should take care of everything for you, once you have provided the necessary information.

Ian

[icebrick]

I still don't understand the bit about the ILR. I have been legally resident for over 11 years in the UK. I have not had a holiday or stay outside the UK for more than 4 weeks in one go and all my Visa extensions were approved on time. I don't have my own house but have been living in the UK with Family and friends althroughout. The only reason the ILR has to be decided in court is because the Home Office did not have all the documents necessary for an immediate decision. One of the stamps they issued was dated later than the date of the application. Now that the original application has been found the ILR should no longer be an issue. So the Court proceding is merely a formality now. I really don't know how I can find out if I am in a position to apply other than from what I have mentioned above.

[icebrick]

If you are not in a position to help please say so.

[Viki.W]

Hey Ross, I think the experts have answered your initial question or is there something else?

[MelanieGiles]

This is a forum to help people in debt and we do not have any immigration experts so far as I am aware.

[ianmillington]

As Melanie says, we are not immigration experts here. You will be best talking to the lawyer who acts for you on your immigration about the legal effect of the lack of ILR on your domicile. That's an obscure legal point, which it would be very dangerous for an Insolvency Practitioner to even try to advise on.

Ian

[icebrick]

Fair point. I have just been through the home office file and even they themselves have mentioned my legibility for Indefinite stay. My Solicitor thinks its a straightforward open and shut case. Given what I have mentioned would Melanie still be inclined to consider my IVA application? That's really what I was getting at. Sorry if it seemed like I was looking for immigration advice. I was merely pointing out that the ILR is not an issue and that the current events are a mere formality due to evidence that had been overlooked but is now available.
Cheers.

[MelanieGiles]

In order to consider your suitability for an IVA, an insolvency practitioner will need to hold detailed talks with you - perhaps on a face to face basis - before arriving at that decision. Why not have a chat to a couple of the experts on this site to compare the advice given.

[icebrick]

I spoken to a couple of Insolvency practitioners about a month ago. I was put off by the mention of upfront fees.
I think I'll have a chat with some experts here as well. But first I have a couple of quick questions.
1) Upon applying for an IVA, how soon will my Credit card related monthly payments seize before being readjusted to a monthly affordable sum?
2) How do I ascertain if I can legally represent a bankrupt petition as Ian mentioned? If I am entitled to my ILR then does this earn that illegibility to either file for bankruptcy or go into an IVA?
Cheers