IVA

Old Apr 14th 2019, 2:43 pm
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Default IVA

Hey,

please could someone help, I’ve been offered a job in NZ, I am currently in an IVA, will that stop me from getting a visa?

Thank you
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Old Apr 14th 2019, 11:39 pm
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Default Re: IVA

Not sure about the rules round bankruptcy
I wouldn suggest checking the immigration NZ website
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Old Apr 15th 2019, 2:26 am
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Default Re: IVA

Originally Posted by Bexsball View Post
Hey,

please could someone help, I’ve been offered a job in NZ, I am currently in an IVA, will that stop me from getting a visa?

Thank you
No.
That is a civil matter not a criminal matter so does not effect immigration as such.

How will you maintain your UK payments once in NZ though?
If you intend to remain in NZ then it would be best to stay squeaky clean.

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Old Apr 15th 2019, 4:14 am
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Default Re: IVA

you would also need to check with the company dealing with it.
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Old Apr 15th 2019, 6:43 am
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Default Re: IVA

Originally Posted by BEVS View Post
No.
That is a civil matter not a criminal matter so does not effect immigration as such.

How will you maintain your UK payments once in NZ though?
If you intend to remain in NZ then it would be best to stay squeaky clean.
i would bacs money to my UK account each month to cover the payment.
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Old Apr 15th 2019, 6:44 am
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Default Re: IVA

Originally Posted by MrsFychan View Post
you would also need to check with the company dealing with it.
Do you mean ask the company if it’s ok to emigrate.
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Old Apr 15th 2019, 6:53 am
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Default Re: IVA

Originally Posted by Bexsball View Post


Do you mean ask the company if it’s ok to emigrate.
No. I expect MrsF means what is OK re the IVA whilst overseas.
In other words, you tell them your plans , they tell you what works for them.
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Old Apr 15th 2019, 7:01 am
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Default Re: IVA

Debt is something that must be declared to Immigration during your application. There may not be a specific area on the application, but you can add it in to the "any other details we need to be aware of" box. It is a legal requirement that you declare all and any circumstances that are relevant to your application and that may affect your visa. Responsibilities surrounding child support/maintenance is another key area Immigration are keen on.
With the declaration you must provide all the necessary evidence to explain the details of the debt, where you stand and how you intend to keep up with re-payments if you are approved a visa to live in NZ.
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Old Apr 15th 2019, 10:41 am
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Default Re: IVA

Originally Posted by Bexsball View Post


Do you mean ask the company if it’s ok to emigrate.
As Bevs says, speak to them about how they want to do it
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Old Apr 15th 2019, 10:21 pm
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Default Re: IVA

Originally Posted by escapedtonz View Post
Debt is something that must be declared to Immigration during your application. There may not be a specific area on the application, but you can add it in to the "any other details we need to be aware of" box. It is a legal requirement that you declare all and any circumstances that are relevant to your application and that may affect your visa. Responsibilities surrounding child support/maintenance is another key area Immigration are keen on.
With the declaration you must provide all the necessary evidence to explain the details of the debt, where you stand and how you intend to keep up with re-payments if you are approved a visa to live in NZ.
Can you point me to the legislation please or to the relevant place in the operations manual. AFAIK ATM there is no requirement to declare an IVA. It is a civil and not a criminal matter.
However I would agree that it would show good faith to make mention of the debt and the solid plan in place for repayment.
Overseas debt itself will not effect a work visa application.
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Old Apr 16th 2019, 8:59 pm
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Default Re: IVA

Originally Posted by BEVS View Post
Can you point me to the legislation please or to the relevant place in the operations manual. AFAIK ATM there is no requirement to declare an IVA. It is a civil and not a criminal matter.
However I would agree that it would show good faith to make mention of the debt and the solid plan in place for repayment.
Overseas debt itself will not effect a work visa application.
There is no specific part of the Immigration Act 2009 or the Immigration Ops Manual that refers to a visa applicant declaring debt, debt agreements or other payments they must maintain - e.g. for the purposes of child maintenance. You won't find mention of IVA anywhere here as it is an overseas term, not an NZ term and the Immigration Act 2009 and the Immigration Ops Manual doesn't state or use overseas terms.
It is more of a catch all under sections 15 and/or 16 of the Immigration Act 2009 and part A5 of the Operations Manual. It is all about proving beyond doubt that you are of good character so any and all information that is relevant to your situation and potential migration must be declared so you are not seen as withholding any material information. Although that information can seem insignificant or something that is of no business to Immigration NZ, it is Immigration NZ who should decide if that information is relevant or not and if it is the applicant may have to apply for a character waiver.

I went through a part of this at the time of application. I had a child from a previous relationship and I paid a monthly payment through the child support agency. I informed my immigration consultant about it who advised me that I should declare it to Immigration which I did and then was asked all sorts of questions and had to provide all the documentary evidence of how I intended to keep up with those repayments if I was granted a visa to live and work in NZ.
In my opinion, the issue wasn't any business of Immigrations, but I see how it could have looked if I had omitted that information and I had subsequently defaulted or reneged on those child support payments.
I think we also declared that we still had a house in the UK with a mortgage and had to explain how we intended to maintain the mortgage repayments. Had to explain that we were putting the house up for long term rental and the rent would more than cover the mortgage repayments etc.

All I can find is the text in Ops Manual - part A5.25 i.
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Old Apr 16th 2019, 9:50 pm
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Default Re: IVA

Originally Posted by escapedtonz View Post
There is no specific part of the Immigration Act 2009 or the Immigration Ops Manual that refers to a visa applicant declaring debt a.
Thanks. That is what I thought I knew.



I would agree that if one has a child from a previous relationship then it is perhaps morally best to reference that on a residency application rather than making that child a persona non grata. Or is a person had been declared bankrupt involuntarily , it might be best for completeness to declare this although it would have no bearing on immigration policies.

If the debt however was the result of dishonesty in some way, then that would be a different matter. Even then if it was a private arrangement to repay then that is a civil not a criminal matter. No actually requirement to declare.



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Old Apr 24th 2019, 8:33 pm
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Default Re: IVA

Thank you for your replies, so I should put it on the section you’ve suggested, and it should be ok?
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