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ILR - liquidation / bankruptcy

Posted: Fri Jul 26, 2019 8:03 am
by Tkhan090
Dear respected members,

I'd applied for my ILR based on tier-1 £ 50K 2 months ago, decision is yet to be made

In last 3 years I'd invested some money/time into another business where I own small portion of shares too and F.D position, company had to buy lots of plant and machinery and as acting director I'd to provide personal guarantees on various plants although I do not own any home or high value asset but this is standard procedure for lenders to obtain PG's from directors. unfortunately that business has faced some serious financial incidents in last 2 months which put to its knees and heading towards liquidation

My question is, in worst case scenario what if those guarantees called in and they decide to make me bankrupt, does it going to effect my ILR application ?

Although the company & business which I'd used for ILR and visa applications has nothing to do with this business

Your valuable views/advise would be much appreciated.

Personal Rgds,
T Khan

Re: ILR - liquidation / bankruptcy

Posted: Fri Jul 26, 2019 2:35 pm
by zimba
No effect on ILR but could lead to refusal if you apply for citizenship

Re: ILR - liquidation / bankruptcy

Posted: Fri Jul 26, 2019 4:01 pm
by Tkhan090
Zimba wrote:
Fri Jul 26, 2019 2:35 pm
No effect on ILR but could lead to refusal if you apply for citizenship
Thanks Zimba

I assume once bankruptcy instructed, someone can't be a director for any company including which has been used to claim points for ILR, so does it effect the application in any shape or form ?

Also, what is time line to apply for citizenship once ILR approved ?

I've read if bankruptcy is discharged then applicant could apply after 1 year, of-course not a straight forward application.

Thanks once again

Re: ILR - liquidation / bankruptcy

Posted: Fri Jul 26, 2019 8:02 pm
by zimba
While individuals go bankrupt because of their personal debt, companies become insolvent. So if a limited company becomes insolvent, a director will not go bankrupt in most cases. That is the whole point of the limited liability. I suggest to seek legal help

Re: ILR - liquidation / bankruptcy

Posted: Sat Jul 27, 2019 8:41 am
by Tkhan090
Zimba wrote:
Fri Jul 26, 2019 8:02 pm
While individuals go bankrupt because of their personal debt, companies become insolvent. So if a limited company becomes insolvent, a director will not go bankrupt in most cases. That is the whole point of the limited liability. I suggest to seek legal help
I certainly would, but my concern is when I'd put my ILR application everything was fine so does my application being decided when I'd submit that or they'll consider current circumstance ?

Thanks

Re: ILR - liquidation / bankruptcy

Posted: Sat Jul 27, 2019 9:31 am
by aman90
But ur current ILR application is not based on this company...

Re: ILR - liquidation / bankruptcy

Posted: Sat Jul 27, 2019 10:24 am
by Tkhan090
aman90 wrote:
Sat Jul 27, 2019 9:31 am
But ur current ILR application is not based on this company...
That's correct Aman

Re: ILR - liquidation / bankruptcy

Posted: Sat Jul 27, 2019 1:49 pm
by zimba
My point is that you will not go bankrupt and business difficulty will have no effect