jlpuk

Hello

I am a British citizen with a Canadian fiancé. We plan to get married in October and I hope to receive a study permit to commence a course in November.

My biggest problem is my debt in the uk... after returning to uni I racked up about £10000 and have no hope of paying it off before I move, if ever!

I have spoken to a debt charity who have suggested bankruptcy, but I need to know what effect it will have on obtaining a study visa, then PR through spousal sponsorship!

Any help would be gratefully received!

THANK YOU x

christmasoompa

Hi, and welcome to BE.

Bankruptcy in the UK won't have any effect on a visa application for Canada.

But if you don't have £10k to pay off your debt, then how do you think you'll get a study permit? You obviously need substantial funds to qualify for a study permit. And if you do have the amount needed for a study permit, then I don't see how you could declare bankruptcy tbh, as you'd be expected to pay your debt back from your savings.

You mention not being able to pay the debt off before you leave the UK, but you know that you can continue to pay from Canada with no problems? That's what most do.

jlpuk

Hi, thanks for your response.

If my bankruptcy would have no effect on my visa application, I am thinking it may be better to go ahead and have a fresh start without the added worry of making large payments when unable to work in Canada.

The course I wish to study is only 6 weeks long, which I have now just read that I may not need a study permit?!

My uk qualifications are non transferable but after finishing the course I should be able to practice but realistically I will struggle to find employment, especially an employer prepared to go through the work permit process, so would be better off being self employed. Although I'm not sure how easy that would be until I have PR?

This is all very confusing and im desperately trying to decide which way id going to be better for us in the long run?!
.

christmasoompa

You wouldn't have to make 'large payments', you could negotiate to pay what you could afford. It may be appealing to have a fresh start, but if you can afford to pay then you won't get bankruptcy anyway, and tbh, it would be far fairer to the loan company (and their future customers - who will absorb your costs!) to just pay back the money you've borrowed. If you're worried about being 'unable to work in Canada', then just wait to move until you can work.

You can't get a study permit for a course less than 6 months in duration, no. It doesn't sound as though you've applied for PR yet, so what is your plan for a visa and working between the course of study, and getting PR?

Why not just defer moving to Canada until you've got PR and then you can work immediately?

If you've got enough money for a PR application, medical, flights, moving to Canada and setting up home there etc, then I don't see how you'd get bankruptcy granted anyway tbh.

You can't work without either a work permit or PR. If you want to work straight after moving, then you'd need to apply for PR now if you're eligible (i.e. common-law spouses). What do you do?

Better for you would be to just carry on paying your debt from Canada, and personally if I were you I'd wait to move until you've got PR. That way you don't have bankruptcy on your file if you ever move back to the UK as well.

HTH, good luck.

jlpuk

Thank you for your help, but deffering moving is not an option.
As stated im getting married in the fall, and will apply for PR straight away once married, as we were advised to wait until were married before sending the application?

I cant afford to pay the debt, and havent for sometime, as I am currently self employed the possibility of being able to pay is very slim. I have also been advised that bankruptcy is probably my best option. However, this is not something I would do lightly, as I understand the impact on myself and others.

Bankruptcy aside, I plan to sent PR application in the fall after the wedding, stay as a visitor for 6 months and complete course (if possible), returning to uk to visit family at Christmas or in the new year, abiding by visitor visa rules.

I believe that 5/6 months into a PR application I can apply for a work permit? Hopefully by this point I shall have the necessary qualifications to work as a therapist and be employable.
If not, I will have to continue as a visitor, extending or leaving as per the rules.

Hopefully once PR is granted I can work on a self employed basis.

Does this sound like an acceptable / legal plan?

My PR costs are all being covered by my fiancé as will my living costs when not working in Canada, as he already has a home and vehicle etc I wont have any major settling costs.

Thank you for your continued assistance.

Zoe Bell

So once you get PR or the TWP you start paying off your UK debt . no need for bankruptcy . no problem

Siouxie

Are you living as a common law couple now - as in, have you resided together 'as if married' for a period in excess of 12 months? If you have (and will continue to do so until you are married) then I would recommend starting your PR spousal application now. By the time you get married - provided there are no problems with the application - you would be at the stage of imminently getting PR and able to work when you arrive in Canada. This is provided that your spouse to be is a Canadian Citizen, not just a permanent resident.

If you do need to wait until you are married, please be aware that only 'inland' applicants - meaning that the processing is done in Canada, not overseas - can obtain a work permit after 1st stage approval. As the total processing time for applying 'outland' (even if you are actually residing in Canada at the time) is more or less the same as getting 1st stage approval 'inland' it is recommended to apply 'outland' unless there are specific reasons for not doing so.

I recommend that you read the wiki on spousal applications and also the CIC website on spousal sponsorship, so that you can gain understanding of how the process works.