Will IVA affect applying for Naturalisation

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o.s

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Post by o.s » Tue Apr 10, 2007 11:09 pm
Will being in in an IVA affect applying for Naturalisation/Citizenship? It states that if you have any civil cases against you it will be rejected. Having my name on the Insolvency register puts my debt problem in the public domain. Do I have a civil case against me which is open?

We were not told that we would have a court judgement against us when we took out the IVA. This has now proved to be a terrible problem for us as we wanted to apply for citizenship but have bene refused on the basis that we have a court judgement which is open. Why do they not tell you up front that you will still have a court judgement and that your information will be published on the internet in the insolvency register.
 
 

MelanieGiles

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Post by MelanieGiles » Tue Apr 10, 2007 11:59 pm
Hi os and welcome to the forum

Being subject to an IVA should not cause you a problem with your request for citizenship, however you should check with the Home Office's help-line to be sure. You can ask this type of question an an anonymous basis.

Having a CCJ is not really classed as having a civil case against you, in terms of the type of cases which migh affect citizenship applications. Was the CCJ set in place after your IVA was accepted by creditors? If so, you should apply to have it removed as no legal actions are allowed to continue once an IVA is in place.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

Oliver

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Post by Oliver » Wed Apr 11, 2007 12:05 pm
It's a very interesting question. I would agree with Melanie that this should not affect your citizenship application. Call the Home Office to double check though and please update us with the outcome.


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Oliver

Thomas Charles and Co Ltd.
Experts in personal debt solutions.
Read customer feedback at: www.thomascharles.com/about_us.asp
Best Regards
Oliver
 
 

o.s

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Post by o.s » Wed Apr 11, 2007 8:23 pm
Thanks for the helpful replies. I thought that the IVA was a CCJ (sorry to be so dumb). What did my IP have to go to court for? Wasn't that for civil action?
 
 

MelanieGiles

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Post by MelanieGiles » Wed Apr 11, 2007 8:40 pm
Your IP probably went to Court to obtain an Interim Order to ensure that no creditors proceeded with legal proceedings in the days leading up to your creditors meeting.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

o.s

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Post by o.s » Wed Apr 11, 2007 9:02 pm
Thanks Melanie
I am really clueless about all of this. The sunn is slowly beginning to dawn.
 
 

Skippy

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Post by Skippy » Wed Apr 11, 2007 9:32 pm
Hi o.s., don't worry, we were all clueless at one stage or another which is why this forum is so valuable. If I had found it earlier on I might have done things differently. Please keep posting to let us know how you are getting on and ask as many questions as you need to!

Onwards and upwards!!!

View my blog at http://skippy13.blogs.iva.co.uk/
 
 

o.s

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Post by o.s » Thu Apr 12, 2007 9:58 am
Well folks - feel much, much better now. Just spoke to the Home Office and they say that the IVA has absolutely no influence on our Naturalisation/Citizenship application at all. It is not a civil case as we have not been declared bankrupt and so everything is fine.

What a relief! Thanks to everyone who posted all the encouragement.
 
 

Oliver

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Post by Oliver » Thu Apr 12, 2007 10:12 am
Excellent news OS.

All the best with everything.



Best Regards
Oliver

Thomas Charles and Co Ltd.
Experts in personal debt solutions.
Read customer feedback at: www.thomascharles.com/about_us.asp
Best Regards
Oliver
 
 

MelanieGiles

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Post by MelanieGiles » Thu Apr 12, 2007 10:19 am
Another success story for the forum!

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
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