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VIC International student, restitution order and bankruptcy

Discussion in 'Debt and Bankruptcy Law Forum' started by William_008, 18 April 2017.

  1. William_008

    William_008 Member

    18 April 2017
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    I am an international student studying here in Australia. I have debts totaling 62K which I can not pay as I have no income or assets and I am receiving living and tuition assistance from my family. My family has already made over 40K in payments for legal fees and other expenses and I do not want to hinder them anymore with my remaining debt. As a result I was thinking of declaring bankruptcy but I am not sure if this will effect me in the following aspects:

    * Will my current student visa status or future visa applications be affected?
    * If it will cover my type of debts (court order - restitution order and outstanding legal fees)?
    * How does bankruptcy work if I return to my home country within the 3 years of being monitored by a trustee?

    Note: I have no action against me to declare bankruptcy, this would be initiated by myself and executed before final proceeding for payments would be issued. Also, I am not sure if I need to wait till I receive something in writing that states the restitution order has been activated? or similar, or is this active from when the court date for this matter took place?

  2. shallice

    shallice Member

    23 April 2017
    Likes Received:

    The potential effects of non-payment of your study fees are as follows:

    · Your registration will be cancelled

    · You will be removed from all subjects you were enrolled in

    · You will not be able to attend classes or sit exams

    · Non-payment of tuition fees is a potential breach of your student visa conditions and therefore your visa could be revoked.

    · The educational institution will potentially not be able to consider any further offers to study from yourself

    Regarding bankruptcy, in order to file for bankruptcy in Australia you must be an Australian resident residing in the country at the time of your insolvency, so this is not an option.

    I would recommend speaking to your creditors and explain your predicament. Endeavour to come to some sort of payment plan.

    Remember, you can still work in Australia as a foreign student. The basic rules are

    · You cannot work until you have commenced your course in Australia.

    · Once your course has commenced you are permitted to work a maximum of 40 hours per fortnight when your course is in session, and unlimited hours when your course is not in session.

    · Work that is a formal registered part of your course is not included in the limit of 40 hours per fortnight.

    · The minimum wage in Australia for all workers over 21 years is $17.70/hour. Casual workers are entitled to at least a 25 per cent casual loading on top of this

    You have a great opportunity to study in a great country, don’t waste it.

    Hope this helps
  3. 457Visafraud

    457Visafraud Well-Known Member

    16 April 2017
    Likes Received:
    Are these debts school related?

    What legal fees did you pay? The fact that you have no money doesn't entitle you to make debts and later trying to find an excuse.
    Bare in mind that when you applied for a Student Visa you declared to be wealthy enough to stay in Australia and you would be able to cover any expenses associated with your stay.

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