Can I travel overseas during bankruptcy?

During bankruptcy you must request permission from your trustee to leave Australia.

You do not need to seek approval for travel within Australia or to Australian islands and territories (e.g. Norfolk or Christmas island).

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How do I apply for permission to travel overseas?

You need to apply to your trustee.

  • Submitting an application doesn't guarantee approval.
  • Your trustee can place conditions on your travel approval.
  • Your trustee may hold your passport during your bankruptcy.

For more information see: I want to apply to travel overseas.

During bankruptcy – travel

Alisha is bankrupt and works as a real estate agent. Her trustee is the Official Trustee (AFSA). In the second year of her bankruptcy, Alisha needed to travel to New Zealand to attend a conference for work.

Alisha was aware that during bankruptcy, she needed to get permission from her trustee to travel overseas. She went onto the AFSA website, completed the online travel form, and paid the fee. 

AFSA assessed Alisha's application and sent her a letter confirming she had permission to travel. Alisha carried the letter with her when she travelled to New Zealand.

When she returned from overseas, she informed her trustee by completing AFSA's online form to update her travel details.

Note: These case studies do not constitute legal or financial advice. You should consider whether the options referred to in the case studies are appropriate for you, and seek advice if necessary, before taking any action.

What if I don't have a passport?

Bankruptcy does not prevent you from applying for a passport. For information about passport applications and eligibility contact the Australian Passport Office.

What if I need to travel for work purposes?

If you need to travel overseas for work, you still need to request permission.

If your trustee is the Official Trustee (AFSA):

  • An application fee is payable.
  • If you will be travelling on a regular basis, we may be able to provide ongoing approval for a set period of time, based on one application/fee. We would ask you to provide evidence that you are required to travel frequently for work.

What if I need to travel urgently or for compassionate reasons?

You still need to request permission.

If your trustee is the Official Trustee (AFSA):

  • An application fee is payable.
  • If you need to leave Australia in a few days, we recommend you submit your application online and then call us to discuss your application.

What happens if I travel overseas without permission?

You are committing an offence under the Bankruptcy Act if you:

  • travel overseas without permission
  • travel beyond the destinations and dates your trustee has approved
  • don't comply with any conditions that your trustee imposes.

You could face the following penalties:

  • An extension of your bankruptcy for 5 years from your return date. The penalty can be up to 8 years in some circumstances.
  • A term of imprisonment.
I want to apply to travel overseas Requesting consent to travel overseas Update my overseas travel details Overseas travel request form