Spouse Visa - Bankruptcy

[deansp2001]

Hi

I am marrying my girlfriend in Brazil soon and she will need to apply for a VISA in Rio. (she is brazilian). Ive read all the notes on the UKVIsa website but had one quick question.

I meet all the requiments as a sponser as far as I can see - have accomadation, over 18, have job etc etc. But im in a fair amount of debt and might declare myself bankrupt soon - would this effect her application?

Thanks

[Wanderer]

Hi

I am marrying my girlfriend in Brazil soon and she will need to apply for a VISA in Rio. (she is brazilian). But im in a fair amount of debt and might declare myself bankrupt soon - would this effect her application?

Thanks

But enough money to travel to Brazil?

[SYH]

Hi

I am marrying my girlfriend in Brazil soon and she will need to apply for a VISA in Rio. (she is brazilian). Ive read all the notes on the UKVIsa website but had one quick question.

I meet all the requiments as a sponser as far as I can see - have accomadation, over 18, have job etc etc. But im in a fair amount of debt and might declare myself bankrupt soon - would this effect her application?

Thanks

I guess it would be an eyebrow raiser if it is revealed during the application process but as people have applied with negative balances in their bank accounts, declaring bankruptcy would just be an extreme version of this kind circumstance

[deansp2001]

no i do not currently have enough money to go to brazil but after bankrupcy i would be in a postion to save up for the flights etc - i.e no huge loan payments going out each month

on the visa application form it doesnt ask if you were ever bankrupt but you do have to provide bank statements/pay slips etc.

has anyone had this experience before? do they research your credit history etc?

thanks

[SunBlue]

Hi Dean,
They do not check your credit history at all. You don't need to have money saved in order to apply. The most important would be to show that you have regular income.

[3crown]

My hubby is on a spouse visa until 2010 May, I'm about to declare myself bankrupt (everything - debts and assets - in my sole name) - will that affect his ILR application?

Hi Dean,
They do not check your credit history at all. You don't need to have money saved in order to apply. The most important would be to show that you have regular income.

[John]

When applying for ILR it will need to be shown that he will have no need to claim certain Public Funds. As long as that is clear your bankruptcy should not have any impact upon the ILR application. Indeed I am not even sure that fact would come out when the application form is completed.

So your husband is working? Earning roughly how much?

[3crown]

Thanks John - he has just started up (self-employed)...not earning v much yet (only been back a month) but hopefully this should have built up b4 we need to apply. I am trying desperately not to go into bankruptcy for all the obvious reasons ...

When applying for ILR it will need to be shown that he will have no need to claim certain Public Funds. As long as that is clear your bankruptcy should not have any impact upon the ILR application. Indeed I am not even sure that fact would come out when the application form is completed.

So your husband is working? Earning roughly how much?

[John]

3crown, are you also working? Just thinking that if you are not working, and your husband currently earning not-a-lot, don't forget that the two of you jointly should claim Tax Credits,

[3crown]

Thanks John, but are tax credits not classed as 'public funds'? I have a reasonable salary; the bankruptcy is just looming because I have had a property on the market for ages, relying on its sale to clear debts, and of course the prices are plummeting daily.

3crown, are you also working? Just thinking that if you are not working, and your husband currently earning not-a-lot, don't forget that the two of you jointly should claim Tax Credits,

[John]

3crown, a few points. Firstly, are there any children in the household? If the answer is "yes" then certain claim Tax Credits, unless the family income is nicely over £50Kper year.

If no children, based upon what you say, " I have a reasonable salary", there is probably no entitlement to claim Tax Credits. Entitlement to Working Tax Credit runs out below £20K per year.

Secondly, if it is worth claiming, assuming you are a British Citizen, or otherwise settled in the UK, Tax Credits must be claimed jointly by a couple living together. It is totally OK for your husband to be such a joint claimant, because of some "small print" in the Tax Credits legislation, namely, reg 3(2) Tax Credits (Immigration) Regulations 2003, as reinforced by rule 6B of the Immigration Rules.

Thirdly, if you have not already done so, do take advice before thinking of declaring yourself bankrupt. You have a mortgage? They are threatening repossession? Do negotiate with them if you can. Especially against a background of falling property prices, they might well be amenable to accepting reduced payments for a while.

[3crown]

John - thank you for your very useful advice. We are over £20k limit for salary, no dependent children . I had a horrible offer on the property today but may well take it to free ourselves of the extortionate monthly mortgate payments, have tried the route of lowering the payments - "no way". Apparently prices are dropping by approx £2k/day on most properties. (sorry shouldn't be talking about this in the 'family' forum)

3crown, a few points. Firstly, are there any children in the household? If the answer is "yes" then certain claim Tax Credits, unless the family income is nicely over £50Kper year.

If no children, based upon what you say, " I have a reasonable salary", there is probably no entitlement to claim Tax Credits. Entitlement to Working Tax Credit runs out below £20K per year.

Secondly, if it is worth claiming, assuming you are a British Citizen, or otherwise settled in the UK, Tax Credits must be claimed jointly by a couple living together. It is totally OK for your husband to be such a joint claimant, because of some "small print" in the Tax Credits legislation, namely, reg 3(2) Tax Credits (Immigration) Regulations 2003, as reinforced by rule 6B of the Immigration Rules.

Thirdly, if you have not already done so, do take advice before thinking of declaring yourself bankrupt. You have a mortgage? They are threatening repossession? Do negotiate with them if you can. Especially against a background of falling property prices, they might well be amenable to accepting reduced payments for a while.