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Guest swty8

In need of serious help.

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Guest swty8

Hi, I am a student and I am here in Australia for past 3 and half years, almost close to 4 in few months time, I came under my step dad's visa called VISA Skilled BQ 138. Now even more before we moved step dad was always fighting with mum and being violent all the time. I have no idea what to do being a high student since he is frequently causing so much problems and whenever we want to move out he threatens how our visa will be cancelled etc, . I just want to know since we came under his skilled visa , I am still worried if We move out as in my mum separates from step dad would this cause our visa to collapse in anyway. Please help...:'(

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Guest thekelbos

So sorry about your situation. I don't really know the answer but could you go to one of your teachers at school and ask for some advice? They may no who to speak to to find out about your visa status and I suppose if your 18 it would be in confidence but if not maybe for both your's and your Mum's safety you should seek help.

 

I hope somebody can give you a better answer soon xxxxx

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Hi

I am sorry to hear about your situation. I am not familiar with that visa as it is no longer available to new applicants.

 

Assuming it is a general skilled PR visa you will have been granted the visa in your own right, as will your mum.

 

Have a look at the visa in your passport to confirm this.

 

Only certain temporary visas will be affected by such a split. You and your mum were dependent on your step-dad to get the visas but you were each granted the visas in your own right.

 

To be doubly sure take your passport with the visa in it to the local immigration office, or give them a call to check.

 

He cannot cancel a visa only Immigration can cancel a visa. People do split up after moving but PR visas are not generally affected by this.

 

You should check with immigration though to be certain.

 

Good luck and I hope your situation improves.

 

By the way once you have been in Oz for 4 years you and your mum can apply for citizenship - even if your step dad doesn't. Have a look at the citizenship web site. But if the situation is that bad don't wait get help and support now.


So many wineries ......so little time :yes:

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It's hard to find info on BQ 138 as you can't apply for it any more, but I found this:

 

http://www.facs.gov.au/guides_acts/ssg/ssguide-9/ssguide-9.2/ssguide-9.2.2/ssguide-138.html

 

Which says that it is a permanent visa. As the poster above says, this means that you and your mum are both permanent residents in your own right - the visa does not rely on your step father and he has absolutely no grounds on which he can ask for the visa to be cancelled (unless it was obtained fraudulently, which I doubt). Don't worry about his threats. I'd second the advice for you and your mum to apply for citizenship once you've been here for 4 years.

 

Hope it works out for you guys.

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