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 I have been living in the UK for over 5 years, i r
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homeboy847
Starting Member



2 Posts

Posted - 01 September 2009 :  20:25:23  Show Profile  Visit homeboy847's Homepage  Reply with Quote
I have been living in the UK for over 5 years, i recently entered into a civil partnership with my partner of two years. The relationship has now ended due to infidelity on his behalf, i was also recently made redundant and am now considering moving back to South Africa. I currently have around £19k of unsecured debt and would not be able to repay this from South Africa due to the exchange rate, i am also not certain i will be able to gain employment on my return.

My question is will my bankruptcy be granted on these grounds? Will bankruptcy order hinder me returning to the UK at a later date on my partnership visa?

Melanie.n
forum expert



United Kingdom
1282 Posts

Posted - 02 September 2009 :  09:14:13  Show Profile  Reply with Quote
Provided you have been resident in the UK for the past 3 years and your debts have been incurred within the UK you are able to file for bankruptcy.
Your bankruptcy status would not affect your ability to return to the UK if you still held a visa

Hope this helps

Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
email me at melanienicholas@jonesgiles.co.uk
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gettingoutofdebt
forum expert



2418 Posts

Posted - 02 September 2009 :  09:23:18  Show Profile  Reply with Quote
Hi,

Bankruptcy would be granted provided you are insolvent i.e. your outgoings are higher than your income. If this isn't the case now then it may not be granted and you may need to wait until you return to SA.

If you return to SA and declare BR then you would need to do this within 3 yrs or leaving the UK and can petition at the High Court in London or you could get a bankruptcy assistance company to represent you.

If you do declare BR then it shouldn't affect your visa.
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