Going Bankrupt renewing wife’s visa

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Old Dec 3rd 2017, 3:00 pm
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Default Going Bankrupt renewing wife’s visa

Hi

I am a new member and have some concerns I’d like some advise on.

My wife is due to have her first renewal of her leave to remain permit August 2018.

We’re married since 2014, have two children under 3 both UK born.

My business has just hit the rocks and with Company taxes due and high personal debt I feel I am being cornered towards filing myself bankrupt, nothing affecting my wife.

I have organised a well paid salaried job and we don’t own a home we rent. And I have one car worth maybe £1,500 owned and another on lease finance. And no other assets she had a few thousand in savings I have a big fat zero.

Will myself going bankrupt negatively affect my ability to renew her visa? She is a stay at home Mum and uses the lease car which is leased in my name.

Any helpful thoughts comments experience advise would be greatly appreciated due to my worries. Kind Regards
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Old Dec 3rd 2017, 3:08 pm
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Default Re: Going Bankrupt renewing wife’s visa

Have you taken the "well paid salaried job", or will you have done so by the time you file for your wife's visa renewal?
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Old Dec 3rd 2017, 3:12 pm
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Default Re: Going Bankrupt renewing wife’s visa

Hi Yes I start Jan 1st and will be looking to file bankruptcy in a few weeks time
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Old Dec 3rd 2017, 3:23 pm
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Default Re: Going Bankrupt renewing wife’s visa

Originally Posted by Droirp
Hi Yes I start Jan 1st and will be looking to file bankruptcy in a few weeks time
So by August you will have more than six months in your salaried job, so I think you will be OK. Hopefully someone like BiP will be along to confirm that.
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Old Dec 3rd 2017, 3:27 pm
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Default Re: Going Bankrupt renewing wife’s visa

Oh ok, that sounds like there might be a hint of a problem? The salary is over £40k per annum if that helps any advice given. :-/.
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Old Dec 3rd 2017, 3:29 pm
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Default Re: Going Bankrupt renewing wife’s visa

Originally Posted by Droirp
Oh ok, that sounds like there might be a hint of a problem? The salary is over £40k per annum if that helps any advice given. :-/.
Well the rule for the original spouse visa is "six months of salary records at the required level". I am not 100% sure that the same rule applies for the renewal after 30 months.
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Old Dec 3rd 2017, 3:34 pm
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Default Re: Going Bankrupt renewing wife’s visa

So does that mean when I reapply to renew they ask for the last six month payslips and want those 6 payslips to = £18,600 ... or is it half of that value ...
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Old Dec 3rd 2017, 3:39 pm
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Default Re: Going Bankrupt renewing wife’s visa

BTW thank you for your clarification / advise so far it’s very much appreciated
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Old Dec 3rd 2017, 4:11 pm
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Default Re: Going Bankrupt renewing wife’s visa

Originally Posted by Droirp
So does that mean when I reapply to renew they ask for the last six month payslips and want those 6 payslips to = £18,600 ... or is it half of that value ...
>=£9,300 if the rules are the same as for the original application for the spousal visa.

Like Pulaski, I'm not familiar with the rules for your specific situation.
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Old Dec 3rd 2017, 4:15 pm
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Default Re: Going Bankrupt renewing wife’s visa

As long as you have six months of pay slips and bank statements to show you are earning at least £18,600 a year, you should be fine.You will, of course, also submit a letter from your employer indicating how long you have worked there, your position and your salary. A contract too would be useful but I am not sure it is required?

Please correct me someone if I am wrong!
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Old Dec 3rd 2017, 4:30 pm
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Default Re: Going Bankrupt renewing wife’s visa

The OP can apply under Cat A if he has been in his new job for 6 months, it earns over 18,600 GBP per annum and he produces payslips, banks statements, employer letter/contract as evidence.


See Paragraph 5.1 of following document:

https://www.gov.uk/government/upload...ment_Final.pdf
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Old Dec 3rd 2017, 4:38 pm
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Default Re: Going Bankrupt renewing wife’s visa

Ok thanks everyone that’s helpful as sort of determines I need to just let everything fall over to help out in the long run and then just be thankful the family will not be adversely affected or at risk. Regards
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Old Dec 6th 2017, 3:09 pm
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Default Re: Going Bankrupt renewing wife’s visa

Declaring bankruptcy can affect your ability to become a British citizen but as it is the sponsor who will bankrupt rather than the applicant this shouldn't come into play. Providing the OP can meet the financial requirements through salaried income (Category A) but the time his wife's visa is ready to be renewed in August 2018 then there shouldn't be an issue.
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