atlantic

hi;

I just need some insight into an issue which i am clueless about. I ahd a student visa for Australia some 9 years back, I was there for about 3 years. It was from 2001 to 2003.

I had a credit card and a loan account with a bank there. I was employed by a chain store. I was paying my bank as per the contract. However before returning home i decided to draw my super annuation (provident fund) and advised that organisation to pay my debts with that amount.

Now i am married to a Canadian citizen. I am living outside Australia. And now I have decided to move to Canada on a spouse visa.

Just to double check; i contacted the bank in Aussie and asked them if they had received the money i owed them. They in a nut shell said that it has not been paid. And i have a bad debt.

I am already seeking to obtain my police check from Australia as it is needed by the Canada Immigration and Citizenship department. I am not sure if having an unpaid debt in Australia is a criminal offence? Yes it is my neglectful behaviour, i never bothered to check if the dues were cleared, I thought they were paid off. Can anyone comment on this please.

Moreover would the sponsorship by my spouse be affected by this unforeseen hurdle. Can a lawyer with Aussie laws respond to this please?

best regards.

JAJ

If you withdrew your superannuation, it should have been paid to you, not to someone else.

What exactly did you sign?

And what exactly did you do to give the money to someone else? Are you intending to file a report of theft with the police?

Unless the debt is to the government, it does not normally act as a barrier to immigration, unless you're a business migrant. It is not a criminal offence in Australia. You may need to seek advice about what can be done about the debt under Australian law.

If you formally go bankrupt, it may impact Canadian immigration - ask on a Canadian forum.

Needless to say, it was extremely foolish to give money to someone else and expect them to pay your debts - why on earth did you just not pay them yourself?

Dorothy

I think you are going to need to contact an Australian lawyer directly if you want specific advice about your situation. It is very unlikely that any lawyers here would a) be on this particular forum or b) give free, specific advice.

fifty_pence

Wouldn't know about Australia, but I can guarantee bed debt does NOT influence the result of your PCC from the U.K. . I have known people who were black listed (even had CCJ's) in the UK recieve their PCC's (for immigration purpose) that read 'no trace' .

I would imagine it'd be the same in Australia, so I wouldn't worry about it too much. As it stands, there is nothing you can do about it anyway.

atlantic

Hi jaj;

thanks for the reply. actually i had an active account in Aus, and i advised the super superannuation granting organisation to credit my active account.

furthermore there was a direct debit set up on the bank account to pay sequentially (i also left some money in that account so that any lapses in the superannuation payment can be catered for and i do not miss out on a payment).

are you perhaps certain that it is not a criminal offense? i tried everything to pay it off.

best regards

JAJ

You need a lawyer if you want certainty.

Do you have any bank statements from the account? Are you really sure the amount was not credited?

If the amount was not credited, have you not gone back to the superannuation provider and asked them what have they done with it?

atlantic

I am just waiting for the police report to come through. I came to know about the issue a day ago. I am not sure if i have the statements, but we can get those from the bank i suppose.

best regards

atlantic

are there any good lawyers that i may contact, and this forum may be aware of.

regards.