Getting ILR when British spouse is bankrupt

[severnaya]

I'm British and my foreign wife has been here on a spouse visa for 18 months. Actually for nearly 5 years, but the rest of the time she had student and work visas. We still qualify for the old two-year spouse residence period, so in January 2013 she can apply for ILR, and citizenship immediately afterwards.

So far so good... but will we have problems if I can't pay my debts? I owe a lot of money since my catering business failed five years ago, and I have just lost my job. Even if I get another one next week, I don't think I can ever clear my debts. At best I can go on making the minimum payments.

My wife has a PhD and a good job, so we can both live on her salary if we need to, but will she be accepted for ILR if I am bankrupt? The only alternative while I am not working is for her to start paying my debts as well as our household bills, and I don't want to ask her for that.

Comments anyone?

[Smam]

Hi

I am really sorry to hear about your business venture. Unfortunately your wife earnings doesn't really count towards her ILR. The only thing I can advice you is to keep up with the minimum payments for your debts instead of getting bank corrupt.

Hope this will answer your question.

Good luck for your wifes ILR.

[Casa]

Of course your wife's earnings will be counted! It's irrelevant which one of you is employed and your bankruptcy won't affect the application. The new rules introduced on the 9th July won't apply to your wife by the way.