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This article explains whether you are allowed to move to a different country after you have gone bankrupt in the UK. It also provides advice on the information you will be expected to give to the Official Receiver and how easy it will be to get credit after you move abroad.
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Bankruptcy lasts for 12 months (1 year). During this time you are allowed to move to a different county if you wish. There are no restrictions on foreign travel.
You can move abroad permanently if you wish. You can also go temporarily for work, on holiday or to visit a relative.
No-one in the country you are moving to will know you are bankrupt (unless you tell them). There is no international register. You will not be stopped at the boarder and refused entry.
If you do move permanently, you must tell the Official Receiver (OR). You will need to give them your new contact details so they can get in touch with you if necessary. If you don’t yet have a permanent address, this can be provided later. They will normally contact you via e-mail if they need to.
Have you gone bankrupt in Northern Ireland? In this case, you are not allowed to leave the country without first getting agreement from the OR and the Court.
You are still bound by the rules of your UK bankruptcy after you have moved to a different country. If you are working and you have a surplus income, the Official Receiver will still expect you to send this to them each month (an income payment agreement (IPA).
The rules regarding monthly payments work in exactly the same way as if you were still living in the UK.
When you get a job, you should tell the OR. They will ask you to provide an income and expenses budget (converted from the local currency into pounds). They will use this to establish whether you have any surplus. This is no different to if you were living in the UK.
Your surplus income might fall after you move. Perhaps you don’t yet have a job. If you already have an IPA set up, you should let the OR know about the change. They will then arrange for your payments to stop.
When you live abroad, there is no way that the OR can check whether you are working or not and the amount you are earning. As such they rely on you providing this information to them.
The fact you are bankrupt in the UK is recorded on your credit file here. This seriously affects your credit rating in the UK. However, if you move to a different county, your local credit rating will not be affected.
Your credit rating is not transferred to other counties. There are no cross country checks. Local banks and credit providers where you are now living will not know you are bankrupt in the UK. They will therefore make decisions about lending to you on the same basis as anyone else who recently moved into the country.
After you move to a different country, it would therefore be relatively easy for you to open a new bank account and even get credit facilities such as car finance if you decide to.
That said, until you are discharged, you are still bound by the rules of bankruptcy in the UK. These state you should not take credit of more than £500 without telling the lender you are bankrupt.
Thanking about moving abroad after going bankrupt? Give us a call (0800 044 3194) or complete the form below for more advice on the implications for you.
I am planning to file for bankrupcy in april next year. Then in July/Aug me and my wife are considering moving to poland as she is polish. We will still be only renting like we was in uk and our expenses will probably be the same as uk. I will still be working in the uk and paying uk taxes and not working in poland. i will be commuting to uk on a 4 on 4 off basis to accomodate my uk job. is this something that the trustee will allow?
Hi Thatchers
You are allowed to move to a different country while you are bankrupt. As such, moving to Poland 2-3 months after going bankrupt next April would not be a problem.
You would need to let the Official Receiver know and keep in touch with them by e-mail.
Given that you will still be working in the UK and travelling back and forth, I do not think they will have a problem with you adding the legitimate travel expenses you incur in your living expenses budget. Normally they will ask you to complete a new income and expenses budget after you move to Poland and you would include these expenses in those revised figures.
Hi, I have recently declared myself bankrupt and am planning to leave the country permanently. Also, since my wife and son is not with me and in a different country, i need to pay a considerable amount to them for maintenance. My wife is not working and hence i have to suport them. Can the OR force me to stop making payments to my wife?
Hi Suvojit
If / when the official receiver is reviewing your income and expenses budget, they will allow a reasonable amount for child and spousal maintenance.
If the amount you wish to pay to your wife is higher than the official receiver would expect or believes is reasonable, they may challenge the amount.
You may then have to provide proof of the amount you need to pay them to get agreement for this.
Hi if i go bankrupt in uk and i am homeless can i go and live abroad in my parents house while bankrupt in uk?
Hi Andrew
Given you go bankrupt in England, Wales or Scotland, there is no problem with you moving abroad during the year you will be bankrupt (the rules are different in Northern Ireland). There are no restrictions on international travel or where you live.
You just need to make sure you inform the official receiver that you have moved and give them your new address and contact details (eg e-mail and mobile number) if these have changed.