Debt In UK Immigrating To Australia
 

Hello Everyone

My situation is this, i have been living in the UK for the past 9 years.
I am an Australian citizen and have recently gotten Permanent Residence for my wife and her three daughters, I don't see a future for any of our children here and have decided to move the whole family to Australia.

We have some debt and i wanted to find out that should we struggle to make repayments on our debts from the UK once abroad, how hard can creditors come after you once you are living in another country.

Can they chase and enforce payments.

Do they automatically get CCJ's to stop debts becoming statute barred.
How should i go about taking to the CC company in terms of telling them where i'm going and so on.

I have been told to just go and not give them any information about our whereabouts and cut all communication with them.

Personally i would rather make payments from abroad for what i owe but i just need to know what my options are should a situation arise where i am unable to make payments on a regular basis.

My wife and i have every intention of paying our debts but things can and do get very hard for a young family now days, i've seen it happen all to often to the people around us.

I owe just under 5,000 pounds on a UK credit card.

But our combined debt is around the 15,000 mark.

All debts were made over a 9 year period and none of of it was made living outside our means, i have never seen anything like it in my life.

When i lived in Australia neither myself or anyone i knew could get into so much debt simply through everyday living costs.

Thanks For Reading.

Re: Debt In UK Immigrating To Australia
 

Re: Debt In UK Immigrating To Australia
 

Thank you for taking the time to respond, my research has lead me to a similar answer however all the posts on the subject have been from between 2009 - 2014 so not too current.

As for coming back i am actually Australian and the wife and kids have all been to Australia on multiple holidays to visit my family.

As for coming back to the UK my wife knows i would not, my father is 72 and her father far younger so.

Thanks again.

Re: Debt In UK Immigrating To Australia
 

Can someone chime in with what personal bankruptcy laws are like in the UK?

If OP was American, I would advise that - after arriving permanently in Australia - to call the company, tell them you have migrated out of the country, offer negotiations on a payment plan and threaten to declare bankruptcy if they refuse. They would probably panic and accept, rather than throw the dice on getting nothing in a bankruptcy filing or pennies in a court-ordered payment plan.

Maybe it would also work in the UK.

Defaulting is not a crime. It will cause serious complications on major purchases down the track but that may not follow you to Australia.

Re: Debt In UK Immigrating To Australia
 

I don't see how you can know that for sure. What if your wife hates living there? What if (God forbid), you passed away and she wanted to return to the UK to be near friends/family? Definitely don't burn bridges IMO.

If you can afford the thousands (possibly even tens of thousands) it'll cost to emigrate, then I'm sure you can afford to pay a small monthly sum (which you can always increase if you find yourself more flush).

Re: Debt In UK Immigrating To Australia
 

from previous experience, they can sell the debt to Aussie agency, Dunn & Bradstreet are specialized in getting their money back after buying overseas debt. it will not be forgotten.

Re: Debt In UK Immigrating To Australia
 

Never say never.
And bear in mind that debtors may even chase relatives if they can track them down and harrass them for your whereabouts.

Not worth going through the hassle of bankruptcy for that amount, approach each of the companies as soon as you have moved, tell them your new circumstances, and make arrangements to pay the debts off gradually. Most will freeze the interest, especially as you would be out of the country, leaving you just capital to repay.

But be aware also that migration is massively expensive these days, even for an Aussie returning home. You may already have a plan, but if not, consider how you will raise £20-30k to move and get started here if you cannot cover your current debts.

Re: Debt In UK Immigrating To Australia
 

I know for sure i myself will not be returning, my wife on the other hand will be making trips back and forth with the kids for family holidays.

As for the thousands and possibly tens of thousands, It's already been taken care of and all we had to do was provide all our documentation and proof of an ongoing relationship which was easy.

We have been together for way more than the required time frame and we also have a little boy together so i got my wife and three step daughters all Permanent Residence within the space of about 12 months.

Their Visa's have been granted and they need to all arrive in Australia no later than the 20th of Oct this year.

All flights have been booked and paid for.

Re: Debt In UK Immigrating To Australia
 

Thank You, you been quite helpful :)

Re: Debt In UK Immigrating To Australia
 

It's not that expensive for me, reason being i have a fully furnished home to go to when i arrive back home, my family own a couple of houses and so we will be living on one of those so there is no worry about rent deposit and having something to get started with.

The Visa's for the family have all been done and dusted, they were granted about 5 months ago already and we arranged with our case officer for an extended entry date for wife and three step daughters so they could attend their father's wedding.

My son got his Aussie citizenship through me which literally took 8 days.

My plan is to take one of my dad's mates spots on a gas rig scaff team or some of the other FIFO work im able to get through mates i grew up with who are all on the mines.

im going over in a couple of weeks to set life up and to get work rolling and then my wife and kids will fly over in Oct. (sad to be apart for so long but hey if it contributes to a better future for them then its worth it).

Now given the work i have lined up, making payments on debts in uk should be a breeze given the fact i wont have any other costs whilst i am working.

Re: Debt In UK Immigrating To Australia
 

I don't think you understand what was being spoken of with the cost Not the visas. That's the cheap part of this whole thing.

It's about how everything down to the napkin holders and candles will need to be re-purchased. The initial cost of setting up is enormous and will be even moreso with children. That's what a lot of people neglect or don't think about. It will be even more pronounced if you don't immediately find jobs.

How long, on your savings, can you hold out without a job? Citizen or not, with small savings and no job, you may find it difficult to find a place to rent.

Unless you have a relative you will be living with, who is happy to financially support you in the first year.

Re: Debt In UK Immigrating To Australia
 

Please disregard the earlier post. Your post at 9:36 addresses this, which I could not see as I was typing.

Re: Debt In UK Immigrating To Australia
 

Yeah see had i been fresh off the boat this would have been a completely different conversation entirely.

But because i have lived there so long and have all my family there it is easier for me.

For instance i don't have to buy beds and things because my two sisters left all their goods at our family home when they moved off with their fiance's and so on.

My neighbour moved to Thailand with his other half and gave me the contents of his home lock stock and barrel, bran new appliances which still have all the stickers and such on it lol it was incredible.

I asked him are you sure ? do you not want to flog it?

His reply was "Nah mate can't be F$*#ked" lol typical attitude where i live.

But again these are blue collar blokes who have all worked hard and can afford to do stuff like that.

Rather unique position i am in so with so many people who removed a lot of the obstacles facing new comers.

Re: Debt In UK Immigrating To Australia
 

Speaking as someone who came over with virtually nothing,had to fight to get a basic job, yet made arrangements at once to pay something off my debts as soon as I could.......

If you really do have everything in place, no expenditure needed to start your new life, AND you have a a FIFO job organised - why on earth do you thing you shouldn't be paying off the debts?

Re: Debt In UK Immigrating To Australia
 

I absolutely do believe in paying my debts, I hope for the best but plan for the worst.

I wanted to know how to talk to them should I find myself in a position where I may have to arrange a payment plan etc.

And also what and how they do to chase you, i merely wanted to find out if there was a way they could ruin any future attempts at purchasing a home for my family.

While I have work opportunities open to me i still need to get my safety courses renewed and do one or two new ones depending on which route I choose to go for example confined spaces for the mines etc.

thanks again for your reply

Re: Debt In UK Immigrating To Australia
 

You did say that you were emigrating to Patagonia, didn;t you ?

Re: Debt In UK Immigrating To Australia
 

Absolutely.

Re: Debt In UK Immigrating To Australia
 

I know you think you will never be returning to UK (my husband said the same thing) but you should, if you havent got it already, also get your UK citizenship. Belt and braces you know! Your wife may want to return one day (never thought I would be the one to need to do it!)

Sounds like you will be well set up enough to afford to repay your UK debts - always better to do that than let them fester away just in case you do ever need not to have them on your record.

Re: Debt In UK Immigrating To Australia
 

The OP can make the application before he goes and attend the citizenship ceremony in Australia if needs be.

Re: Debt In UK Immigrating To Australia
 

I may do in the future, i just have to much on my plate for the time being.

I have ILR and my son who had dual nationality was actually born in the UK so i am going to be eligible for it for quite some time.

Re: Debt In UK Immigrating To Australia
 

Two years or more out of the country with ILR will mean your ILR will lapse.

Re: Debt In UK Immigrating To Australia
 

Re: Debt In UK Immigrating To Australia
 

You’ll stop being eligible once you’ve spent more than 90 days outside the UK in the previous 12 months. That your son and wife are British citizens won’t help with the residence requirements but being married does exempt you from having to intend to reside in the UK after naturalisation. You can give your Australian address on the application form and have your ceremony at your nearest British consulate.

Re: Debt In UK Immigrating To Australia
 

Awesome thank you i will look into this.

Re: Debt In UK Immigrating To Australia
 

Let's be honest, you are going to skip the debts. That's fine. Your call. But your father is 72 and hers is much younger (one of the reasons for never heading back). What happens when your father pops off and your father in law is the next one with an age issue? Your wife may want to return and you won't really have a reason not to.

As for purchasing the family home, there's a little thing called the banking royal commission going on here right now and it's about to change just about everything to do with acquiring debt.

I wouldn't be so sure giving the flick to UK debt is a wise move moving forward given what changes are taking place

PS. Edit. If you are intending on paying the debt, watch out for exchange rate fluctuations. That can badly mess with you.

Re: Debt In UK Immigrating To Australia
 

Genuinely not thinking of skipping on the debt, because the opportunities and the plans i have are worth far more to me.

My plan is to go over make regular payments and then settle.

Otherwise it would not be a fresh start.

Re: Debt In UK Immigrating To Australia
 

That's good to know!

Re: Debt In UK Immigrating To Australia
 

Do it now! It's quite painless.

Re: Debt In UK Immigrating To Australia
 

https://www.gov.uk/government/public...itizen-form-an

:thumbsup:

Re: Debt In UK Immigrating To Australia
 

I've looked into it and its not possible for me to do it.

I leave on the 27th this month time to apply.

Cant do it from abroad either apparently so :(

I lose my ILR i guess.

Re: Debt In UK Immigrating To Australia
 

Why not enough time? Just fill in the form and make an appointment at your local Nationality Checking Service. The only stumbling block might be if you haven't done your Life in the UK Test yet but there's still enough time to arrange that if you're quick about it.

Re: Debt In UK Immigrating To Australia
 

I spoke to my immigration lawyer and she told me that given my departure date is so close, i would more than likely not have my passport back in time to fly out on the 27th of June and that once i go to Aus i will need to show i intend to come back to the UK to live otherwise i will not be granted citizenship.

She also told me that unless come fly back here for holidays regularly i will lose my ILR because in their eyes i will no longer have a reason to have it.

Considering the money i have had to pay out in the past for (partner visa) (ILR) and now have to lose it even though i have lived here for 9 years is a bit of a slap in the face.

Feel a bit let down by this system really.

Re: Debt In UK Immigrating To Australia
 

Change the departure date. Forgoing the chance to have the life long ability to come and go as you please from the UK is crazy.

If you do need to come back to the UK to live or work, the whole process will be time consuming and costly.

Re: Debt In UK Immigrating To Australia
 

Time to get a new lawyer. Hope you are not paying for such ‘advice’. As I already mentioned you don’t need to hand over your passport if you use the Nationality Checking Service and you don’t need to intend to live in the UK if you are married to a British citizen. As a citizen you don’t have to worry about your ILR expiring. The clock is ticking; if you already completed your Life in the UK test for ILR then you just need to fill in the application form, gather your documents and make a NCS appointment. They copied your documents and hand them back to you there and then. Providing you put an Australian address on the form for your citizenship ceremony location you should be contacted with a date to attend your ceremony at your nearest British consulate.

Re: Debt In UK Immigrating To Australia
 

Just wanted to add a couple of comments on this.

Even if the debts weren't sold to an Australian agency for collection in Australia (as some of the posters have explained), the creditors in the UK could easily obtain judgment for the unpaid debts from a UK court, which as judgment for a simple money sum is readily enforceable in an Australian court. There are processes under Australian law for registration of UK money judgments in Australian courts. So, assuming the UK creditors worked out/found out you were in Australia, they could continue to pursue you if they wanted to. Whether they would use court processes for those sums of money, I cannot say.

As others have explained, it is simply not worth finding yourself in default on debts either in the UK or Australia - damage to credit ratings etc and having any outstanding Australian judgments would make Australian mortgages and credit cards very difficult if not impossible to obtain. There's been some good advice given about payment plans etc.

The other good advice is to obtain your British citizenship before you leave the UK, even if that means delaying your return to Australia by a little time. Unless you plan to run for Federal political office in Australia, there's no downside to this and it could potentially save you a world of pain in the future should you decide to return to live in the UK for any reason.

Re: Debt In UK Immigrating To Australia
 

It will be forgotten, and it would be unenforceable in any other country without going through very expensive legal proceedings that would cost many times your debt in legal fees. Debt collectors may try their luck and will pester you if they know your contact details.

15k is nothing, especially the largest debt of 5k - it will be written off and sold to the secondary debt market for literally pennies in the pound.

Don''t contact them, don't make any arrangements to pay and it will be statue barred and removed from all credit reports withing 6-7 years.

If you want to pay, do not agree to pay the full amount, make the debt company an offer for full and final settlement. Start with 20%, they'll still be making a profit.

Re: Debt In UK Immigrating To Australia
 

I hope the OP read this and comes back to the forum with an update.

Really gets my goat when I see people being given incorrect advice from a so called expert such as the OP's 'immigration lawyer'. The consequences can be huge and I bet that lawyer wouldn't be putting her hand up to pay for the OP's new spouse visa! It also must be so disheartening for all the competent immigration agents to see this sort of thing.

Re: Debt In UK Immigrating To Australia
 

Agree. The immigration agent my company chose for my wife's Visa were horrendous. I picked them up on loads of errors, and the speed the worked was terrible. Just fortunate their fee were not being paid by us.