scaredy cat

Hey a newbie on here but was told by a friend about this site. Im 37 and have been with my boyfriend for the past 5 years - last year we were able to get a 138 visa and have to move out by October this year. It went on my job and he is getting very cold feet to the point he has walked out twice on myself and our son. It got to the point that he hit me and then left home for 3 days without so much ringing or saying he was ok . If he does decide to leave us for good, how does it leave my son and I with regards to the Visa - on my letter it says we all have to move out at the same time?? or it isnt valid? If he wont move and it looks likely would I have to reapply for just me and my son??! Please help!

LittleHobo

how did you apply? through an agent... they might be able to answer your question if you used that method...??

Maybe it means that you all have to enter together - if you are and not one by one, so you and your son could go without him... that is how i read it...

freckles1970

Hi

I'm really not sure, but i think one of the agents who posts on here (maybe George or Tony) will be able to advise you; i'm sure they will post a message when they read your message.

I wish you all the best....a man who turns to violence is never worth staying with. Even if it turns out you have to apply for a different visa, be brave and do it...make a fresh start for you and you son.

Good luck

scaredy cat

we did apply through an agent - we are being sponsored and assured through an aunt already there...just sounds silly but I dont want to get embarrased by asking the agent and having to answer the "awkward" questions - hoped someone here has already had the unfortunate experience we are having. It will be quite uplifting not to go with him anyway

scaredy cat

thankyou

hitchcock71

sending love [[[[hugs]]]] and karma


hopefully jal,tony or george can help

love tiff

Jerseygirl

My reply has nothing to do with your question...sorry.

If he hit you...you should throw him out now IMHO. He won't change and his behaviour will probably get worse. There is absolutely no excuse for hitting you...so don't accept one...get rid of him now!!!

welshtony

Depends on a few factors:

1 If you have already validated the visas while still in a relationship, your visas are still valid.

2 If validation has not yet been affected, you need to inform DIAC of the relationship breakdown - This will mean that they will either consider cancelling his visa, if you have the relative in Australia and your skills were used in the application. If it is his skills and sponsoring relative, they will consider cancelling your visa, and possibly your son's if he is not the father. If one of you supplied the skills and the other the relative, all visas will be considered for cancellation.

Regards


Tony Coates
MARN 0635896

freckles1970

So sounds like you could be ok....as you said the visa was based on your skills not his. Is the aunt your relative?

Jerseygirl

The child could be a problem...she will need the father's permission to take their son out of the UK.

scaredy cat

Thankyou so much everyone! It has been a nightmare..looks like I need to get him to come with us to Australia...at least until I can find a surfer!! It was my relatives and my skills but he is the father so may try to make my life difficult! Ive waited so long - if he leaves after we get out there and the visa is validated...does that mean my son and I can stay??

hereshoping

You don't need him to get the visa! If it's your skills and relative then he can go take a running jump. Talk to your agent as you have absolutley no reason to be embarassed, you have nothing to be ashamed of!

There may be legal issues with your son, you would have to get a court order to take him However courts do not look favorably on violent fathers who walk out on their family. Start making a log of all incidents and photograph any injuries to back up your case, and think about engaging a lawyer sooner rather than later.

freckles1970

I understand that life is often more complictaed than it first seems on the surface, but if he has hit you I really don't think you should even consider letting him come with you.

Presumably the custody of your son will be an issue if your partner goes with you and comes back or doesn't go at all. Surely the right thing to do for your sons sake at least is sort this out legally now (particularly as you will have a good case in your favour as there has been violence against you).

Obviously it is your decision, but I would think very carefully. Moving to OZ will be enough of a strain on it's own without all these additional worries hanging round you neck.

I would seek immediate legal advice.

Good luck

Sally Simpson

Absolutely agree..ditch the loser and go for it without him! Good luck to you & your son

George Lombard

Dear SC,

Tony's summary is correct as far as the Department of Immigration is concerned, but I would suggest that you get good legal advice in the UK since if he's the father of the child and things go pear shaped he could easily prevent your son using a passport to travel anywhere.

Cheers,

George Lombard