Will bankruptcy influence Australia visa applications?

Will bankruptcy influence Australia visa applications?

It might be worthwhile to ask whether Australia visa applications will be affected by the bankruptcy. This will depend upon the category of Australia visa the bankrupt person has applied for. All Australia visa applications do enquire regarding the general character of the applicant while bankruptcy will not influence a visa as it is not a criminal offense.

Thus Non-business related Australian visa applications should be unaltered by the condition of bankruptcy. For example, it could be Employer Sponsored Visas or Family Visas. This is also applicable to applications for Australia Citizenship. These assess applicants for their good character primarily focusing on criminal convictions.

The status of being bankrupt also does not restrict an individual from sponsoring a Partner or Spousal Visa for Australia, as quoted by the Mondaq.

For Australia Business Visa applications, bankruptcy does become a factor. Department of Home Affairs in Australia does examine the earlier business experience of the applicant in Australia in this case. It will not consider that this criterion has been satisfied if:

• The applicant was affirmed bankrupt in the past 5 years

• The applicant has formerly or presently is actively associated with a management or leadership role in an enterprise that has faced or is facing insolvency

• The business has undergone trade loses recently

The above criterion is assessed by decision making authorities by considering:

• The business history of the applicant following a bankruptcy

• The intensity of decision-making of the applicant in any entities those are insolvent

• Whether the applicant has entered into several insolvencies or been associated with numerous insolvent enterprises

• Whether any external factors mitigated the effect of liquidity beyond the control of the applicant

Y-Axis Melbourne is an authorized immigration consultancy that offers latest and professional assistance and advice regarding the best visa options for the clients. It also manages their requirements all throughout the visa processing.

Our immigration agents are registered with Registered Migration Agent Melbourne and are competent, dedicated and experienced.

If you are looking to Study, Work, Visit, Invest or Migrate to Australia, talk to Y-Axis, the World’s No.1 Immigration & Visa Company.

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Anshul Singhal

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