bookerw100

Hi

One of my friends is applying for ILR under Tier 2 5 year route.

In 2016, i had a CCJ regarding parking fine. I got in touch with the solicitors and they have advised me that they can set the CCJ 'aside' for a fee of £100 and some documents. I am in the process of getting this done but not sure if it will be fully resolved before my ILR application.
i was not aware of this CCJ when i was filling the online application so i have not mentioned it in my application form. the system doesnt allow you to change your application after you have booked the appointment.

Do you think this parking fine CCJ applies to any of the categories mentioned in the form ? If yes then when and how should i mention it if i cant change the form ?

Nasera

You CCJ is not going to affect your friends application is it.

spouse of scouse

Is it your friend or you who's applied for ILR?

CCJs stay on the system for 6 years. They're an order to pay a debt - if the debt's been paid after the CCJ is issued the system will show 'satisfied' but the CCJ will still remain against the defendant's name for 6 years. I think the solicitor's talking tosh - a CCJ can only be 'set aside' if the defendant doesn't owe the money, or didn't receive notification of the CCJ. In both cases, the defendant is required to attend a private court hearing to explain their reasons for seeking to have judgement set aside. The court may or may not accept those reasons, and the defendant may also be liable to pay £220 in court fees. The court would be particularly interested in hearing the reasons why you/your friend has only now become aware of a CCJ that was issued in 2016.

Yes, you/your friend should have declared the CCJ in their application, the question clearly states UK court judgement must be declared. A PAID CCJ for a parking fine would probably have been fine, an unpaid one less fine, while not declaring it may result in a refusal. All you/he/she can do now is wait for the ILR decision.

bookerw100

spouse of scouse

He can't make any changes to his application form now. The person processing the ILR application is only required to use the information provided in this form. I don't suppose it would hurt for him to provide additional information (although it's somewhat doubtful that it would be taken into consideration), but I don't know how he could do that. Others members may have a better idea.

I seems such a shame that he's in this predicament. It's not the fact that he had a parking fine, or even that he was issued the CCJ, it's the fact that he didn't declare it in his application that's the problem. ps I hope he's at least paid it now.

bookerw100

Quick update, in case it helps anyone else.

My mate just wrote a cover letter explaining the situation and he got his ILR no issues.

spouse of scouse

Thanks for returning and letting us know. Did he resolve his CCJ before writing the letter?

bookerw100

Nope, the CCJ is not resolved.

He said in his letter that the reason he didn't mention in the application form about CCJ is because he didn't know about it as they sent the letters to the previous address. He only found out by accident as he applied for a credit check close to his ILR application.

spouse of scouse

Ok, I'm glad his ILR was granted.