camillakaty Posted August 13, 2021 Share Posted August 13, 2021 Hey, looking for a bit of guidance.. We have started applying for my partner visa 309. My sponsor is my Australian citizen by decent fiancé. We meet all of the necessary requirements for the application etc but we have come to a question which asks when my sponsor arrived in Australia (and requires a date in the past). Well, she has never lived in Australia (we both live in the UK together but are emigrating to be close to extended family and start a family of our own over there) I have checked over and over and no where in the form that I can see have I answered incorrectly to suggest my sponsor is there. It’s specifically for overseas applying. Does my partner need to live in Australia for us to be able to apply for this visa? Am I missing something ? thanks stay safe everyone Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted August 14, 2021 Share Posted August 14, 2021 No, your partner doesn't have to have lived or live in Australia Quote Link to comment Share on other sites More sharing options...
Ken Posted August 14, 2021 Share Posted August 14, 2021 Is this an electronic form that doesn't allow you to leave it blank (which would seem to be the correct answer if they aren't currently in Australia)? In that case I would interpret it as meaning when did they first arrive in Australia regardless of the fact that they have since left. If they were born in Australia that would be their date of birth. If it requires an answer for someone who was born outside of Australia and has never visited you'd be stuck though. Quote Link to comment Share on other sites More sharing options...
camillakaty Posted August 14, 2021 Author Share Posted August 14, 2021 Thanks, ok so will just put in the last time I went there! Thank you Quote Link to comment Share on other sites More sharing options...
Parley Posted August 15, 2021 Share Posted August 15, 2021 13 hours ago, camillakaty said: Thanks, ok so will just put in the last time I went there! Thank you Don't think putting in an incorrect answer deliberately is a good idea. 1 Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted August 15, 2021 Share Posted August 15, 2021 (edited) 19 hours ago, camillakaty said: Thanks, ok so will just put in the last time I went there! Thank you But you’re not the sponsor Edited August 15, 2021 by Tulip1 Quote Link to comment Share on other sites More sharing options...
camillakaty Posted August 15, 2021 Author Share Posted August 15, 2021 9 minutes ago, Tulip1 said: But you’re not the sponsor shared account. See username. ok so no one knows the answer can’t find anyone having asked this before. Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted August 15, 2021 Share Posted August 15, 2021 10 minutes ago, camillakaty said: shared account. See username. ok so no one knows the answer can’t find anyone having asked this before. A migrant agent would be able to help. It does sound strange that it can’t be left blank. Whilst most sponsors would have been in Australia at some point some like your sponsor haven’t. Putting the date you were last there when it asks when the sponsor was last there though isn’t right and is a fraudulent answer. I think you will have to reach out to an agent. There are many on here who have excellent reputations. Good luck. Quote Link to comment Share on other sites More sharing options...
camillakaty Posted August 15, 2021 Author Share Posted August 15, 2021 Hey, no, confusion it seems, we are certainly not wanting to fill in anything incorrectly or fraudulently! Our Poms in Oz account is a shared account, just a case of 1st person/2nd person pronouns (my partner replied to one comment) I wrote the first. I am the applicant. I have never been to Oz. I will of course not be saying I have. My sponsor lives in Uk with me. She has been to Oz many times but does not live there. In one section of the initial application form (I am unsure if this is the actual visa 309 or just the first step) it asks, is your sponsor Australian citizen by birth - answer no. Is your sponsor Australian citizen by grant. Answer yes. A new calendar line appears and the question asks: when did your sponsor first arrive in Australia. It can not be left blank. And she is not there now. So we are stuck. Was eagerly hoping someone knew the answer on here who may have encountered the same problem and it could be quite simple. It can’t be that the only way to fill in a fairly straight forward form successfully is by paying an agent. thanks for help and for answering much appreciated Quote Link to comment Share on other sites More sharing options...
Parley Posted August 15, 2021 Share Posted August 15, 2021 55 minutes ago, camillakaty said: Hey, no, confusion it seems, we are certainly not wanting to fill in anything incorrectly or fraudulently! Our Poms in Oz account is a shared account, just a case of 1st person/2nd person pronouns (my partner replied to one comment) I wrote the first. I am the applicant. I have never been to Oz. I will of course not be saying I have. My sponsor lives in Uk with me. She has been to Oz many times but does not live there. In one section of the initial application form (I am unsure if this is the actual visa 309 or just the first step) it asks, is your sponsor Australian citizen by birth - answer no. Is your sponsor Australian citizen by grant. Answer yes. A new calendar line appears and the question asks: when did your sponsor first arrive in Australia. It can not be left blank. And she is not there now. So we are stuck. Was eagerly hoping someone knew the answer on here who may have encountered the same problem and it could be quite simple. It can’t be that the only way to fill in a fairly straight forward form successfully is by paying an agent. thanks for help and for answering much appreciated If she has been there many times put the date of entry of her first visit if you can. Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted August 15, 2021 Share Posted August 15, 2021 1 hour ago, camillakaty said: Hey, no, confusion it seems, we are certainly not wanting to fill in anything incorrectly or fraudulently! Our Poms in Oz account is a shared account, just a case of 1st person/2nd person pronouns (my partner replied to one comment) I wrote the first. I am the applicant. I have never been to Oz. I will of course not be saying I have. My sponsor lives in Uk with me. She has been to Oz many times but does not live there. In one section of the initial application form (I am unsure if this is the actual visa 309 or just the first step) it asks, is your sponsor Australian citizen by birth - answer no. Is your sponsor Australian citizen by grant. Answer yes. A new calendar line appears and the question asks: when did your sponsor first arrive in Australia. It can not be left blank. And she is not there now. So we are stuck. Was eagerly hoping someone knew the answer on here who may have encountered the same problem and it could be quite simple. It can’t be that the only way to fill in a fairly straight forward form successfully is by paying an agent. thanks for help and for answering much appreciated Ok, the confusion seems to have been both of you commenting which gave the impression the wrong person was saying they’ll put the date of entry in. Now I understand I think it’s easy. Just state the date the sponsor first arrived in Australia. They don’t have to have lived there but if they’ve been there which you say they have just put the fist date they entered Australia. Quote Link to comment Share on other sites More sharing options...
Gothnet Posted August 16, 2021 Share Posted August 16, 2021 (edited) This sounds a lot like our situation, I have an RRV but am not currently a resident in Australia, my partner does not have a residency visa, and needs to apply for a partner visa. We have been advised by a migration agent that if we apply off-shore then it is likely to be refused, as the sponsor (me) is not a citizen and currently is not a resident either. Instead we have been advised to travel over, with her on a tourist visa and travel exemption, which we now have, and then apply for the partner visa (820/801) on-shore as then I will be an actual, rather than theoretical, resident. I think it’s probably worth talking to someone in your case too. Initial consultations with migration agents aren’t that expensive, or you may even be able to get some advice from one on the forums here. Edited August 16, 2021 by Gothnet Quote Link to comment Share on other sites More sharing options...
Ken Posted August 17, 2021 Share Posted August 17, 2021 On 15/08/2021 at 19:45, camillakaty said: Hey, no, confusion it seems, we are certainly not wanting to fill in anything incorrectly or fraudulently! Our Poms in Oz account is a shared account, just a case of 1st person/2nd person pronouns (my partner replied to one comment) I wrote the first. I am the applicant. I have never been to Oz. I will of course not be saying I have. My sponsor lives in Uk with me. She has been to Oz many times but does not live there. In one section of the initial application form (I am unsure if this is the actual visa 309 or just the first step) it asks, is your sponsor Australian citizen by birth - answer no. Is your sponsor Australian citizen by grant. Answer yes. A new calendar line appears and the question asks: when did your sponsor first arrive in Australia. It can not be left blank. And she is not there now. So we are stuck. Was eagerly hoping someone knew the answer on here who may have encountered the same problem and it could be quite simple. It can’t be that the only way to fill in a fairly straight forward form successfully is by paying an agent. thanks for help and for answering much appreciated That's a much more precise question and the answer can't be blank because a sponsor who became a citizen by grant must have had a first arrival in Australia. I was thinking based on your original post "what happens is they are Australian by descent and have never been to Australia?" but it's clear now that the question is only for people who have become Australian citizens by grant and so, yes all you have to do is enter the date they first arrived in Australia. The very fact that the question says first arrived tells you they accept that they may since have left the country and so may have had second, third and later arrivals in Australia. Those they are not interested in and it's irrelevant to this question whether they are currently in the country or not. Do not put the date of their latest arrival that is not what has been asked. Quote Link to comment Share on other sites More sharing options...
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