US Bankruptcy, return to UK

Old Jan 3rd 2021, 6:06 pm
  #1  
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Default US Bankruptcy, return to UK

Hi folks and Happy New Year - Hope 2021 is a lot different in so many ways to 2020.

Have a potentially interesting scenario re my partner and returning to the UK in a couple of years.

She is a US citizen and due to previous personal financial situations may shortly - next 6 months - declare bankruptcy. We have the means to support ourselves (my savings initially) to effect going back to the UK.

We are concerned that this could impact her visa application/paper work or even ability to come to the UK but I see nothing in the UK visa docs or on .gov.uk site that mentions being a US bankrupt - only that as long as you can support yourself, and meet the other visa criteria, you can come to the UK with your returning UK citizen spouse (me - current LPR with us citizenship app being processed)

Thanks.
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Old Jan 3rd 2021, 6:16 pm
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Default Re: US Bankruptcy, return to UK

For her to get a visa you need £18,600 a year in income, or savings of £62,500
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Old Jan 3rd 2021, 6:35 pm
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Default Re: US Bankruptcy, return to UK

Thanks scot47 - there financial requirements to get back to the UK we should be good for. Its more the bankruptcy issue in the US.

Cheers.
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Old Jan 3rd 2021, 6:38 pm
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Default Re: US Bankruptcy, return to UK

Originally Posted by freerskier View Post
Hi folks and Happy New Year - Hope 2021 is a lot different in so many ways to 2020.

Have a potentially interesting scenario re my partner and returning to the UK in a couple of years.

She is a US citizen and due to previous personal financial situations may shortly - next 6 months - declare bankruptcy. We have the means to support ourselves (my savings initially) to effect going back to the UK.

We are concerned that this could impact her visa application/paper work or even ability to come to the UK but I see nothing in the UK visa docs or on .gov.uk site that mentions being a US bankrupt - only that as long as you can support yourself, and meet the other visa criteria, you can come to the UK with your returning UK citizen spouse (me - current LPR with us citizenship app being processed)

Thanks.
I don't see anything either but depending on the circumstances I would definitely recommend knowing in detail the process and its timetable- unlike the prior bankruptcy laws the new ones seem to have a lot of quirks about who qualifies for which type or not, and what timetables required.
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Old Jan 3rd 2021, 6:57 pm
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Default Re: US Bankruptcy, return to UK

Never heard of anyone even mention that bankruptcy has to be declared in the visa application.

However, when it comes to naturalisation there is a question as to financial soundness. One does have to declare bankruptcy there.

Last edited by SanDiegogirl; Jan 3rd 2021 at 7:13 pm.
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Old Jan 3rd 2021, 7:22 pm
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Default Re: US Bankruptcy, return to UK

Thanks SanDiegoGirl.
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Old Jan 12th 2021, 3:01 pm
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Default Re: US Bankruptcy, return to UK

I highly recommend speaking to an immigration lawyer. We used Muldoon Britton and they gave us a great free consultation. You may be able to get your answers there without having to pay.
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