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INC Law
INC Law, Solicitor-Advocate
Category: Immigration Law
Satisfied Customers: 16060
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Can a Portuguese person leave Portugal if they are bankrupt

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Can a Portuguese person leave Portugal if they are bankrupt and their bank and an attorney say they are not allowed to leave?
JA: Where is this? And has anything been officially filed?
Customer: Portugal. I have a couple who have a son. They have Pre-Settled status in england. They are saying they can't move here because their bank has told them they can't. It sounds to me like they can.
JA: Has anything been filed or reported?
Customer: Just asking them
JA: Is there anything else the Expert should know before I connect you? Rest assured that they'll be able to help you.
Customer: Perfect thanks. No I think that's everything
Customer: replied 9 days ago.
The couple have just told me they have received nothing in writing from the bank or the attorney saying they have to stay in Portugal. They have just been told this verbally.
Customer: replied 9 days ago.
It was the attorney for the bank that called them
Customer: replied 9 days ago.
The attorney for the bank called them today and told them this.

Hi,

Thank you for your query.  I am a Solicitor-Advocate in the UK and will be assisting you with your question today.

Does the family already have their pre-settled status for the UK?

Customer: replied 8 days ago.
they do have Pre-Settled status here.I just want to stress that they are honest people, they do want to pay their debts back. But from here they will be better able to do it because they will be earning more money.
Customer: replied 8 days ago.
I'd rather continue the conversation by message if possible

Hi,

Bankruptcy should not prevent someone from leaving a country unless it is a criminal offence to do so.

As the UK rules stand, being bankrupt in Portugal would not prevent you from coming to the UK.

I hope this answers your question.  If you have any further questions, please do not hesitate to ask.

Many thanks

Customer: replied 8 days ago.
Thanks for your answer. What I am trying to find out is, is it a criminal offence in Portugal to leave Portugal if you are bankrupt in Portugal?They have been given nothing in writing, only told verbally over the phone by the bank's attorney that they cannot leave the country. This phone call happened yesterday.On Friday 3rd September, the guy successfully entered Britain. I can't see anything as having changed since then.
Customer: replied 8 days ago.
I need to know if they will be stopped from boarding their plane for example.An alternative for them is to catch a bus to Paris, and from there, take the Eurostar to London. The UK border is the first place they would use their passport. Would they get stopped there?

Hi,

They cannot stop you boarding a plane if you are Bankrupt.  I have checked online and cannot seem to find anything which would suggest it is illegal for you to leave a country if you have debts or are bankrupt.

I hope this helps.

Customer: replied 8 days ago.
Many thanks for your response.I did have a look myself and could only find info for the UK, and in fact in Northern Ireland it is illegal to leave the country whilst bankrupt without getting permission from the Courts first. But for England, Scotland and Wales it was fine. Which made me think that perhaps Portugal was a country where it was illegal as well. I would have thought they would be fine to board a plane.

Unless they have served you with an Order of the Court which stipulates that you cannot leave the country, I cannot see anywhere where it would suggest you would be prevented from boarding a plane.

Customer: replied 8 days ago.
That's brilliant, thankyou so much

Its a pleasure.

Good luck.

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