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Newbie - Can I work Move/Live/Work Abroad?

Hi Everyone

This is my first post, I'm not a BR but my boyfriend was made BR today. He's just called me and he's elated. He was sooo worried. I've been reading everything I can find on this forum over the last few weeks and relaying as much as I could to him. He listened but was too worried to really take it all in. But thanks for being here, it helped both of us a lot.

His position is that he used an agency to handle his bankruptcy for a fee of 750GBP, but it was the best thing for him as I mentioned he really wasn't in any frame of mind to deal with it all himself. I'm the type to take over to step in and get it done for him but unfortunately I live in the US now so wasn't in a position to do so.

Anyway, I do have a question. The person from the company he used came with him to court and it worked for him. Problem is, they have told him that they will get back to him on this but, they don't think he can work in the US for about a year. He said that there are a few countries in the world where this is the case and the US is one of them.

Well I can't find anything on this board or anywhere else that states that. It was my understanding that this wouldn't be a problem. I know for a fact that bankruptcy does not affect emigration to the US (EDIT: In the case of family based immigration, don't know about employment based) so I'm a little confused as to how working here would not be allowed.

I'm aware of the immigration aspect of working here, visas etc. But, does anyone have the answer? Can he work in the US now he has been made bankrupt? Or is there any specific law/guideline or whatever that would prevent this?

Thanks ahead of time

CamG's Girl
My OH freed from 5 years of debt on June 7th 2007

Comments

  • Richard_S
    Richard_S Posts: 4,432 Forumite
    Hi CamG,

    I know bankruptcy can cause a problem for people applying for Visas to some countries but I've never seen a post from somebody that's had personal experience of working in the U.S. I think your best bet is to contact the relevant agencies in the U.S and ask the question; I'd doubt whether you'll get the answer on this Forum but please post the outcome for future reference.

    Best regards

    Richard
  • CamG_2
    CamG_2 Posts: 8 Forumite
    Thanks for your prompt response, I was kind of hoping that someone could respond. I have searched this forum and people have asked about going abroad, moving abroad and returning to the UK after having been in the USA. I'm hoping that someone did make it abroad and they can advise me.

    I've done a lot of research on the net and I can find nothing specifically referring to this which makes me think, even more so, that it is incorrect. But I'm still looking.

    I don't think a US agency can help me as I know that the US does not prevent a BR from the UK from working here. Any restrictions would come from UK bankruptcy law. I should have mentioned in my original post that I was querying UK bankruptcy law, my apologies.
    Richard_S wrote: »
    Hi CamG,

    I know bankruptcy can cause a problem for people applying for Visas to some countries but I've never seen a post from somebody that's had personal experience of working in the U.S. I think your best bet is to contact the relevant agencies in the U.S and ask the question; I'd doubt whether you'll get the answer on this Forum but please post the outcome for future reference.

    Best regards

    Richard
    My OH freed from 5 years of debt on June 7th 2007
  • Moonalien
    Moonalien Posts: 8 Forumite
    Hello. I am a US resident and I have no idea why the company your boyfriend used are saying he can't work in the US after having been bankrupt in the UK. It's a flogged-to-the-death issue on immigration message boards that for the most part your UK debts cannot be chased across the pond (but it is a double-edged sword; those with good credit cannot transfer that either.)

    As you know, family-based immigration have no interest in the beneficiary's financial history or circumstances. The US sponsor is a different matter, but this is not the issue here. And if your boyfriend was the recipient of a work-based visa, the only problem would be if his employer needed declaration of something prior to the job offer I guess (I am a family-based immigrant too, so I have little knowledge of other visas I am afraid.) And once someone is immigrated, receiving a Green Card and a SS#, who would there be to say 'excuse me sir, I believe I will be revoking your right to work on account of something out of our jurisdiction'? - unless there is some law that I (having researched both bankruptcy and immigration thoroughly over the past two years) completely missed, these people seem to be talking rubbish.

    I have a friend who was declared bankrupt a month prior to leaving for the US on a K1 visa, she certainly hasn't had any issue with getting her work authorization.

    I would suggest your boyfriend asks this company to confirm the exact law preventing him from working in the US.

    Best wishes :)
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