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Debt In UK Immigrating To Australia

Debt In UK Immigrating To Australia

Old Jun 8th 2018, 3:34 pm
  #31  
 
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Default Re: Debt In UK Immigrating To Australia

Originally Posted by bigdaveaus View Post
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.
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.
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Old Jun 12th 2018, 5:38 am
  #32  
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Default Re: Debt In UK Immigrating To Australia

Originally Posted by BritInParis View Post
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.
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.
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Old Jun 12th 2018, 5:45 am
  #33  
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Default Re: Debt In UK Immigrating To Australia

Originally Posted by bigdaveaus View Post
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.
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.
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Old Jun 12th 2018, 7:52 am
  #34  
 
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Default Re: Debt In UK Immigrating To Australia

Originally Posted by bigdaveaus View Post
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.
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.
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Old Jun 19th 2018, 2:37 am
  #35  
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Default Re: Debt In UK Immigrating To Australia

Originally Posted by bigdaveaus View Post
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.
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.
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Old Jun 19th 2018, 9:23 am
  #36  
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Default Re: Debt In UK Immigrating To Australia

Originally Posted by teza View Post
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.
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.
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Old Jun 19th 2018, 11:12 pm
  #37  
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Default Re: Debt In UK Immigrating To Australia

Originally Posted by BritInParis View Post
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.
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.
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Old Jun 20th 2018, 4:03 am
  #38  
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Default Re: Debt In UK Immigrating To Australia

Originally Posted by spouse of scouse View Post
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.
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.
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