Bankruptcy and spouse/child uk visa application

bullbythehorns_2

Hi everyone,

I've just returned to the UK after living in South America over the last three years with my wife and two daughters. My wife and one of my daughters are Ecuadorian and will be looking to apply for settlement visas in about four months.

The last five years has been really tough and I've not been able to pay off a substantial amount of debt that I have in the UK. I'm just about to start work to build up funds to help my family join me but my debts are crippling me and I've got a lot of pressure from debt collectors and agencies. As I have very few assets bankruptcy seems like a viable option. I tried to offer low repayments to my creditors before I left for South America but they ignored each attempt.

What I need to know is, will bankruptcy affect my wife and daughters (7 years old) visa application? My other daughter is registered as a British national but is living with my wife in South America. I'm a natural British citizen as well.

Any help much appreciated before I start contacting my creditors now I'm back. Thank you.

IF

Hi BBYH and welcome, I'm sorry I don't know the answer.....just bumping you up the board x

coolcait

Hiya BBTH, and welcome

I'm going to be horribly rude, personal and presumptious here, and pry into the reasons why one of your children is a British citizen, and the other one isn't. Sorry!

The obvious reason is to do with whether or not you were married to your their mum (your wife) at the time they were born, and where they were born. If your 7 year old was born overseas, and you weren't married to mum at that point, then have you looked into trying to have her registered as a British citizen, rather than going through the rigmarole of getting a visa now and looking at naturalisation further down the line?

You'll find some info on here: http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/children/britishcitizen/borntobritishfather/

I'm not sure if you going bankrupt would affect your wife/daughter's visa applications. You have to be able to show that you can support yourselves and your children without help from public funds. More info here: http://www.ukba.homeoffice.gov.uk/partnersandfamilies/partners/husbandswivescivilpartners/

I don't see anything that refers to whether or not you are bankrupt. Might be worth your while contacting the Border Agency and asking about it? I'm afraid I couldn't find any obvious phone numbers, but here's the main 'Contact' page:

http://www.ukba.homeoffice.gov.uk/contact/

I can only say 'happy hunting'!! :eek:

Good luck!

bullbythehorns_2

Thanks for the bump up... and thanks for the bit of advice regarding my daughters visa. No offence taken at all, I wasn't married to my daughters mother when she was born and she was born overseas. The main problem with getting her nationality adjusted at this stage is that her biological father has strong rights in the country she was born in and even though he isn't bothered about her he makes life very difficult to perform any kind of legal function that involves my daughter. This means that I'm not in a position to officially adopt her though she has been to England once before after getting permission for her to leave the country.

I am more worried about approaching bankruptcy in case it affects the decision for my wifes visas and my 'step-daughters'. I have read on another post somewhere today that you don't have to declare your bankruptcy to the embassy when the application is made but I don't know how true it is. I will try the border agency as I can't find any other organisations that will provide me with the information and a solicitor quoted me £400 today just to find out.

If any results come up I'll log them back here as I go on so anybody else with similar problems can check here. Thanks for the responses so far.

m.czo

did you have any updates on this query?


regards


m

flashpanther

Curious to know the outcome or findings for future ref regarding bankruptcy affecting your spouses settlement visa app (and daughters).
Also curious if you was able to get British nationalisation for your none biological daughter in anyway as my spouse has 2 from a previous failed relationship where their natural father is now deceased.

Please please reply .... would mean a lot to me.

luvchocolate

This thread is 6 years old, I do not think the op is still posting

coolcait

flashpanther wrote: »

Curious to know the outcome or findings for future ref regarding bankruptcy affecting your spouses settlement visa app (and daughters).
Also curious if you was able to get British nationalisation for your none biological daughter in anyway as my spouse has 2 from a previous failed relationship where their natural father is now deceased.

Please please reply .... would mean a lot to me.

As luvchocolate pointed out, this is a very old thread.

Since then, there have been changes in the laws about acquiring citizenship.

I'm afraid I can't give any advice or guidance, as I haven't kept up with all the changes - I only noticed them because I was checking a different point about nationality before contributing to another thread on MSE.

It's probably best to contact the Home Office directly to ask the questions:

Citizenship and nationality enquiries
[EMAIL="nationalityenquiries@homeoffice.gsi.gov.uk"]nationalityenquiries@homeoffice.gsi.gov.uk[/EMAIL]
Telephone: 0300 123 2253
Monday to Thursday, 9am to 5pm
Friday, 9am to 4:30pm
Find out about call charges

If you're not in the UK, try contacting the visa section of the British Embassy in the country where you're living.

flashpanther

I know the thread is old.
Guessed Bullbythehorns the OP could share his experience now as post directed to him. Or any other helpful posts.
Didn't expect replis from anyone unhelpful with nothing to add.
Why post if you can not add to the OP or valid additional posts to the OP?! Better if you did not post rather than make remarks. Don't mean to be come across rude. I am not trying to be. Just wish threads stayed on topic with only valid additions to OP with helpful replies. People's actual experiences of the topic help those who may have to experience the same in the future. Reason for my post. Welcome any replies helpful sharing similar experience and outcome. If can't help please do not post. Adds nothing to the thread. Not after research or suggestions of websites to do so. Just shared experience so know what to expect. Again... Hard to show any tone when writing but honestly do not mean to come across rude.

debt_doctor

It's perfectly reasonable and helpful to point out the age of a thread / post.
DD