Immigrationboards.com

My friend is going to apply for his ILR on 10 years basis, he had a CCJ in feb 2005, he has checked his credit report yesterday and found out no CCJ on his file. there is no default or anything on his file right now but he had CCJ which is not in the report anymore.

He wanted to know that do he need to mention that CCJ which is now not in his file and do CCJ come under The Rehabilitation of Offenders Act 1974 - and if yes then what is the Rehabilitation period for CCJ.

Thanks

angelloveguy wrote:My friend is going to apply for his ILR on 10 years basis, he had a CCJ in feb 2005, he has checked his credit report yesterday and found out no CCJ on his file. there is no default or anything on his file right now but he had CCJ which is not in the report anymore.

He wanted to know that do he need to mention that CCJ which is now not in his file and do CCJ come under The Rehabilitation of Offenders Act 1974 - and if yes then what is the Rehabilitation period for CCJ.

Thanks

1. Who made the CCJ against your friend (company).
2. Did he pay the debt within a month or after a month or how was it paid?
3. Did he go to the court?

It was a Bank Credit card CCJ in 2005 and it is paid in full in four years time. He didn't go to the court but the debt was taken from his salary every month.

But now he checked his credit file from Experian and there is no CCJ shown in his file.

angelloveguy wrote:It was a Bank Credit card CCJ in 2005 and it is paid in full in four years time. He didn't go to the court but the debt was taken from his salary every month.

But now he checked his credit file from Experian and there is no CCJ shown in his file.

1. So it was cleared in 2008/2009 period.
2. The register for CCJ is different from credit file as credit reference agencies obtain this information from the register.
3. Wen was the debt cleared in full (the actual date)?

Can you confirm that is CCJ come under The Rehabilitation of Offenders Act 1974 - and if yes then what is the Rehabilitation period for CCJ.
and after full payment will it be written as SPENT or NO NEED TO MENTION in the file

angelloveguy wrote:Can you confirm that is CCJ come under The Rehabilitation of Offenders Act 1974 - and if yes then what is the Rehabilitation period for CCJ.
and after full payment will it be written as SPENT or NO NEED TO MENTION in the file

1. No and he needs to declare it on his 10 years long residence form.

Thanks ... He has now confirmed that he has never disclosed in his earlier visa extension forms. will it be OK to mention it in this ILR form.

angelloveguy wrote:Thanks ... He has now confirmed that he has never disclosed in his earlier visa extension forms. will it be OK to mention it in this ILR form.

1. It wud be a 50:50 as wen the caseworker looks at the date and wanted to check if u did declare it in u previous applications or not.
2. It all depends on the date and how many applications were made after that CCJ and "NO" box was ticked before.
3. It wud be regarded as the applicant withheld the information and used deception in previous applications plus u also sign the form that if there are any changes u will notify HO about it.

Thanks... He has checked the CCJ register on

http://www.trustonline.org.uk/

and searched his name on his current address and on previous address. All searches return with NO RECORD of Any CCJ.

So what if his name is not stated in any register and No record? Do he still needs to mention CCJ?

1. Your initial post says that he had a CCJ so u know for a fact that he had a CCJ.
2. According to the immigration rules CCJ need to be declared on the form.
3. Its up to the applicant to decide whether to declare or not.

Most of CCJ are covered under Rehabilitation of the Offenders act 1974.

After reading your case history, your friend don't need to mentioned this on his ILR application as it is classed as spent due to time period.

I think calling NACRO will help you. They will check this for you and advise.