Bankruptcy and living abroad

buttons888

Is anyone aware of any rules preventing you from moving abroad after being declared BR but before being discharged? My parents have emigrated a few years ago and suggested that I go and stay with them (maybe even eventually emigrate myself) after the bankruptcy. Im sure there is no ban on you having a holiday certainly but i would not be intending to return for quite a while. Would the OR want me to remain in the country??

thanks for any help

buttons888

And also if I wasnt in the country and not earning any money here would i be less likely to get an IPA?

Princess9

I could be wrong, but I thought that you were not allowed to emigrate as a bankrupt? (Or is that just to Australia?)

peachyprice

You can live wherever you like in the world while BR, as long as you give the OR contact details.

As for emigrating, you'll have to check with the country you want to go to, but I don't think there are too many restrictions, and you can go to Australia.

HTH

Martin1892

There is no restriction imposed on you in terms of leaving the country post BR, however there are a number of things to be aware of.

A few countires (the US for one) can sometimes deny you a longer term visa if you have been BR. Its worth looking into before getting your hopes up about a permanent move. Also, the OR can apply to have your passport confiscated if they have reason to believe that you are going abroad to dispose of assets which you 'hid' during the BR. This is very rare. My OR said they had never pursued such a measure but mentioned that it is possible.

All the usual post BR restrictions remain in place eg no applying for credit over £500, the OR will require a contact address for you until such time as you are discharged.

If you are abroad and not working you wont get an IPA as you will have no surplus. However, should you get a job you will have to tell the OR and provide an SOA as usual.

liquidbutindebt

If you did declare BR in the UK and then went abroad (outside of the EU), how would the OR know whether or not you were earning there and so whether you should be paying towards an IPA? Presuming, of course, that you had an offshore bank account.

Maybeelady

National debtline told me that the OR could see emigrating to another country as "running away" and they do have the ability to seize your passport. Apparently they are reluctant because with exchange rates and whatnot you could end up earning less, which means they get less...

Maybeelady

Some countries have visa restrictions for bankrupts as well. I think there are issues with a getting a visa for Australia if you are bankrupt, as well as some other countries.

philnicandamy

always check with the country's immigration/consulate beforehand that way you have the "official" word

liquidbutindebt

Plenty of people work abroad perfect legitimately. I think the idea about seizing passports is to prevent you from disposing of pre BR assets which should have contributed to your BR estate. In the case where you declare BR and _then_ go abroad, and have no foreign assets, how on earth would the OR know whether you were earning while abroad or not? Particularly if you were well outside of the EU, say the Middle East.

What's to stop someone declaring BR, getting a job in the Middle East, earning as a non resident for a year but not declaring this to the OR (or perhaps declaring a break-even SOA) and thus not attracting an IPA/IPO. Only to then return to the UK after discharge to carry on life here?

debtinfo

Hi, maybeelady, national debtline are usually good advice but on this occasion they are wrong, the OR will not seize passports and will not stop people emigrating. in many situations the OR has been known to bring forward an interview date to get it done before the bankrupt leaves

Hi liquid, the OR can require that the bankrupt provides wageslips, bank statements etc and can suspend a bankrupts discharge if they do not comply