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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7476
Experience:  UK Lawyer holding practising certficate for England & Wales.
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my daughter who has lived in the UK now for about 10 years

Customer Question

my daughter who has lived in the UK now for about 10 years has submitted her paper for right to stay, has also had a daughter of her own while in the UK, has worked all the time and paid a full tax, is now unfortunately finding herself in financial difficulties and does not know where to turn. Can you tell us how what to do from here?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

Has your daughter obtained Indefinite Leave to Remain?

What sort of financial difficulty?

What is her ultimate objective?


Tom
Customer: replied 3 years ago.


She has applied for it about three months ago and is still waiting for the reply from the government.


 


Unfortunately she has fallen into the trap of payday loans and has gotten herself into serious money problems and has been told to leave her house which she rents by the 30/09 and the bailiff is due to pay her a visit soon.


 


She would like to know where she can find some help, what she has to do, anything that can help her at this stage, what support she can get.

Expert:  Thomas replied 3 years ago.
Hi

I am just traveling at the moment and will be able to answer in about 15 minutes.

Tom
Expert:  Thomas replied 3 years ago.
Hi

Thanks for your patience.

If your daughter has a tenancy agreement then she cannot be evicted without a court order for possession. She needs to check whether or not a court order has been granted for possession.

In order to get possession at court she would have received a notice under the housing act and she would also have received notice of hearing for possession.

If there is no order for possession then she cannot be evicted legally.

If the fixed time of the tenancy has not expired the only way she could be evicted is if the landlord have served with a section 8 housing act notice on certain grounds. The most common of these grounds is whether tenant is 2 months in arrears with the rent. Again she would have received notice of the court hearing for this.

The difficulty is that if she has not yet obtained indefinite leave to remain then she is not eligible to claim any benefits. Indeed if you didn't claim benefits without having indefinite leave to remain this could seriously affect application to obtain indefinite leave to remain.

If she can offer to pay off the debt on arepayment schedule then she could attempt to apply to have the warrant suspended. Here is a link with guidance on how to do this court:

http://www.adviceguide.org.uk/wales/debt_w/debt_action_your_creditor_can_take_e/debt_bailiffs_e/how_to_stop_bailiff_action.htm#getting_a_county_court_warrant_suspended

She should also attempted to contact her creditor directly to attempt to negotiate in the interim. If she has good value at the property which she does not wish to lose when she should see if she can be placed is elsewhere until the matter is resolved.

If this is useful please kindly click accept and rate my answer as okay service or above if you do not then I do not receive any credit for the time I have taken to answer your question.

Kind regards

Ton


As to the financial problems that are no easy answers I'm afraid. Unfortunately she is responsible for her financial affairs in the same way that any other person is.
Expert:  Thomas replied 3 years ago.


Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to RATE my answer, if you are satisfied.

Kind regards,


Tom


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