Complex Partner Visa Applications: What Makes a Case Complex?

A complex partner visa case is one where the relationship may be entirely genuine, yet something else in the applicant's history or circumstances could still prevent the visa being granted. This guide explains what turns an ordinary application into a complex partner visa matter, why each factor matters legally, and what a properly prepared application looks like when the risks are known in advance.

Most partner visa applications turn on one question: is the relationship genuine and continuing? A complex partner visa application has to answer that question and several more. The applicant may not hold a substantive visa. They may have had a visa refused or cancelled. They may have a criminal record, a health finding, an earlier application that was not fully disclosed, or identity documents that do not match. Each of these brings its own criteria, its own evidence and its own risk of refusal.

My Migration Lawyers acts in complex partner visa matters across Australia. The firm's partner visa lawyers regularly assess cases where the relationship is strong but the legal position is not straightforward. For the general framework of every partner visa stream, see the firm's complete guide to partner visas in Australia. This article focuses on the factors that make a case complex and how each one is handled.

What is a complex partner visa?

A complex partner visa is a partner visa application in which at least one legal issue, separate from proving the relationship, could lead to refusal if it is not identified and addressed. The term is not a legal category. It is a practical description of risk.

The partner visa framework is the same for every applicant. The onshore Subclass 820 and Subclass 801 partner visa is applied for in Australia. The offshore Subclass 309 and Subclass 100 partner visa is applied for outside Australia. The Subclass 300 Prospective Marriage visa is for couples who intend to marry. In each stream the Department of Home Affairs must be satisfied of the relationship and of a long list of other criteria, including health, character, identity and the public interest criteria in Schedule 4 of the Migration Regulations 1994.

A straightforward application meets those other criteria without difficulty. A complex partner visa application does not, or may not. The applicant may need to rely on a waiver, a discretion or a legal argument to succeed. The application may need to explain events that look adverse on their face. The evidence may need to answer questions the Department has not yet asked.

The firm's overview of the Subclass 820 onshore partner visa sets out the ordinary criteria. Everything in this article sits on top of those criteria. A complex partner visa still requires strong relationship evidence. The difference is that strong relationship evidence alone will not be enough.

Why the label matters

Identifying a complex partner visa case before lodgement changes how the application is prepared. The visa application charge is paid at lodgement, and the Department states that it will not refund the application fee if it refuses the application. An application lodged without addressing a known risk can therefore cost the applicant both money and time, and in some cases it can affect what the applicant is permitted to apply for next. Recognising complexity early is the single most useful step an applicant can take.

Warning signs that a partner visa case is complex before lodging

The clearest warning sign of a complex partner visa case is any fact in the applicant's history that the applicant would prefer not to explain. If a question on the form makes the applicant hesitate, that question usually marks a legal issue.

The common warning signs are:

• The applicant's visa has expired, or will expire before lodgement. An applicant who does not hold a substantive visa when they apply faces Schedule 3 criteria.
• The applicant's current visa has condition 8503 (No Further Stay). The condition prevents a valid partner visa application in Australia unless a waiver is first granted.
• The applicant has had a visa refused or cancelled in Australia. This can limit the visas the applicant is allowed to apply for while onshore.
• The applicant has any criminal history, in any country. This includes old matters, matters that did not lead to a conviction and matters the applicant believes were resolved.
• The applicant has a known medical condition that may need ongoing treatment, or has previously been found not to meet the health requirement.
• Earlier visa applications contained errors or omissions, such as an undeclared previous marriage, an undeclared child or an undeclared earlier application.
• Identity documents are inconsistent, for example different dates of birth, spellings or multiple versions of the same document.
• The relationship has features the Department is likely to examine closely, such as a short period together before marriage, a significant age difference, an arranged marriage or long periods apart.
• Children are included and the other parent's consent is not available.
• The sponsor has sponsored before or has a history that may engage the sponsorship limitations.
• There has been an earlier partner visa refusal.

Any one of these makes a case a complex partner visa matter. Two or more together, which is common, require a coordinated strategy rather than separate fixes. A partner visa document checklist is useful for an ordinary application, but a checklist does not identify legal risk. That requires an assessment of the applicant's full history.

No substantive visa and Schedule 3 in a complex partner visa

An applicant who does not hold a substantive visa when they apply for a Subclass 820 visa must generally satisfy Schedule 3 criteria 3001, 3003 and 3004, unless the Minister is satisfied that there are compelling reasons for not applying those criteria. This is one of the most common reasons a case becomes a complex partner visa matter.

A substantive visa is any visa other than a bridging visa, a criminal justice visa or an enforcement visa. This definition catches many people by surprise. An applicant who holds only a Bridging visa A, B, C or E does not hold a substantive visa. An applicant whose visitor or student visa has expired, even by a few days, does not hold a substantive visa. Both are Schedule 3 cases. The firm's guide to bridging visas in Australia explains the different bridging visas and why none of them counts.

The Schedule 3 criteria

Criterion 3001 sets a 28 day time limit. The partner visa application must be made within 28 days of the applicant last holding a substantive visa. If the last day falls on a weekend or public holiday, lodging on the next working day is accepted. Criterion 3001 does not stop the application being valid, but if it is not met and not waived, the visa cannot be granted.

Criterion 3004 applies to an applicant who ceased to hold a substantive visa on or after 1 September 1994, or who entered Australia unlawfully since then, and has not held a substantive visa since. Criterion 3003 is the companion criterion for people who have been unlawful since before that date. In summary, the applicant must show that they became unlawful because of factors beyond their control, that there are compelling reasons for granting the visa, that they substantially complied with the conditions of their last substantive visa, and that they would have been entitled to the visa if they had applied before becoming unlawful.

Compelling reasons and what is not enough

The waiver depends on compelling reasons, assessed on all the circumstances up to the time of decision. Department policy is clear that a genuine relationship, and the hardship of separation if the applicant had to apply from outside Australia, are not by themselves compelling reasons. The waiver is not designed to help people who failed to comply with visa conditions, who manipulated their circumstances, or who could leave Australia and apply offshore.

This is the point that applicants most often misunderstand. In a Schedule 3 complex partner visa application, the relationship is necessary but it is not the argument. The argument is about why the applicant is unlawful, what they did about it, and what circumstances, often outside their control, make it compelling not to apply the criteria. Policy accepts that circumstances such as severe illness or incapacity, which led to unlawfulness or prevented the applicant becoming lawful, can support the waiver.

The firm's articles on Schedule 3 criteria when applying unlawfully and the Schedule 3 partner visa waiver explain the criteria in detail. Where the firm acts, its Schedule 3 waiver partner visa service prepares the legal submissions and evidence the waiver requires.

The statutory declarations requirement

An applicant who does not hold a substantive visa at the time of application must also include, with the application, a sponsorship form, evidence of the sponsor's status, and a minimum of two statutory declarations, each made within the last six weeks by an Australian citizen, Australian permanent resident or eligible New Zealand citizen, confirming the relationship. The Department states that Form 888 is not a statutory declaration, and that if this information is not included when the application is lodged, the application may be deemed invalid.

This is one of the few situations where statutory declarations, rather than Form 888 statements, are required. An invalid application in a complex partner visa case can leave the applicant without a bridging visa and further outside the time limits. The declarations must be correct before lodgement.

Condition 8503 and the complex partner visa

Condition 8503 (No Further Stay) prevents the visa holder from making a valid application for most visas while in Australia, including a partner visa, unless the Department first grants a waiver of the condition. An applicant with condition 8503 who lodges without a waiver does not have a valid application.

Condition 8503 is commonly attached to visitor visas and some other temporary visas. Many couples decide to marry or begin living together while one partner is visiting Australia, and only then discover the condition. The waiver is available only in limited circumstances, and the request must be made and decided before the partner visa application is lodged.

The order of steps matters in this kind of complex partner visa case. If the waiver is refused, the applicant may still be able to apply for the offshore partner visa. If the visitor visa expires while the waiver request is being decided, the applicant may then face Schedule 3 as well. The firm's article on applying for a Subclass 820 visa with condition 8503 explains the waiver process. Applicants considering the move from a visitor visa should also read about moving from a tourist visa to a partner visa in Australia, which covers the declarations made in the earlier visitor visa application.

Previous refusals, cancellations and limits on applying onshore

A person in Australia who does not hold a substantive visa and who has had a visa refused or cancelled may not be eligible to apply for most visas while they remain in Australia. A partner visa is one of the visas that may still be available in some cases, but the position depends on the applicant's exact history and must be checked before lodgement.

This bar is one of the most technical areas of migration law. The answer can turn on which visa was refused, when it was refused, whether the applicant has left Australia since, and what visa the applicant held at each point. A mistake here can lead to an invalid application, which is often worse than no application at all.

A previous refusal or cancellation also matters beyond validity. The Department will read the earlier decision. If the earlier refusal was based on concerns about credibility, character or false information, those concerns will travel into the partner visa application. A complex partner visa application in this situation must deal with the earlier findings directly rather than hoping the new case officer will not notice them.

The firm's article on applying for a partner visa after a visa refusal sets out when an onshore application may still be possible. Where a visa has been cancelled, the firm's visa cancellations service can assess both the cancellation and what options remain. Where a non-partner visa was refused, the firm's visa refusals page explains how refusals are reviewed.

Bridging visas after a refusal

Applicants whose earlier visa was refused are often holding a bridging visa connected to a review, or no visa at all. The status of that bridging visa, and whether a new partner visa application would attract its own bridging visa, should be checked before anything is lodged. The firm's guide to the Bridging visa A explains how a bridging visa normally works for a partner visa applicant who applied while holding a substantive visa. A complex partner visa applicant who did not hold a substantive visa is in a different position and needs specific advice about lawful status.

Character and criminal history in a complex partner visa application

Any criminal history, in Australia or overseas, makes a partner visa application complex, because every applicant must meet the character requirement and the Department will see the record through police certificates and the applicant's own declarations. A conviction does not automatically mean refusal, but it does mean the application must deal with the history openly and with evidence.

The character assessment looks at the whole person. Relevant matters include the nature and seriousness of any offence, how long ago it occurred, the sentence imposed, what the applicant has done since, and the applicant's family ties in Australia. A complex partner visa application with a criminal history should present that material at lodgement, not wait for the Department to ask.

Police certificates in a complex partner visa case

Police certificates are the primary evidence of character. The Department's requirements for a partner visa applicant are:

• An Australian Federal Police National Police Certificate (complete disclosure) if the applicant has spent 12 months or more in Australia in the last 10 years since turning 16. State police certificates are not accepted.
• An overseas police certificate from every country where the applicant has spent 12 months or more in the last 10 years since turning 16.
• Validity of 12 months for immigration purposes.

A police certificate must be for the correct country and the correct period, and it must be valid when the case officer needs it. Some countries take a long time to issue certificates or require the applicant to apply in person or through an embassy. In a complex partner visa case with a criminal record, the certificate will also disclose the record, so the applicant's own account and any court documents should be prepared alongside it.

Budiongo: police clearances provided on review

In Budiongo (Migration) [2025] ARTA 440, the issue recorded is criminal history, with police clearance certificates provided upon review. The Tribunal remitted the matter to the Department. The practical lesson is direct. Police clearances that could have been gathered before the Department's decision were provided only at the review stage. In a complex partner visa matter, every police certificate the case may need should be obtained, checked and lodged before the Department decides, so that the character question is answered on a complete record.

Form 80 and disclosure of charges

The Department may ask the applicant to complete Form 80, which asks detailed character questions about charges, convictions and other matters in any country. The answers must be complete and must match the police certificates. The firm's Form 80 guide to completing your personal particulars explains the character questions. Applicants with a criminal record should not answer those questions alone. An answer that understates the history can turn a manageable character issue into a false information issue, which is often more serious.

Health findings and the health waiver

Every partner visa applicant must meet the health requirement, and a health finding makes a case a complex partner visa matter because the visa cannot be granted unless the requirement is met or, where available, waived. For partner visas the health requirement is set out in a public interest criterion that allows a waiver in some circumstances.

The process starts with health examinations. The Department gives the applicant a HAP ID and a list of examinations. In Australia, examinations are arranged with Bupa Medical Visa Services. Outside Australia, they are done by approved panel physicians. Applicants aged 15 or over generally need a medical examination, a chest x-ray, an HIV test and a kidney function test, with a hepatitis B test if born in a higher-risk country. Children have age-based examinations. Results are lodged electronically and are valid for 12 months from the date the examinations are completed.

What happens after a health finding

The panel physician records the results and a recommendation but does not tell the applicant whether they meet the health requirement. If a condition is identified, the case is referred to a Medical Officer of the Commonwealth. The Medical Officer may ask for more information or further tests. The outcome is that the applicant meets the requirement, meets it if they sign a health undertaking, or does not meet it.

How the health waiver works

An applicant does not apply for a health waiver. If the requirement is not met, the case officer contacts the applicant and asks for information and a formal submission. The Department must be satisfied that granting the visa is unlikely to result in significant health care and community service costs, or prejudice the access of Australians to services in short supply. The waiver is considered case by case. Relevant matters include whether the applicant or their family can reduce the cost to the community, and any compassionate and compelling circumstances. A waiver is not available for active tuberculosis or a threat to public health.

The waiver submission in a complex partner visa matter is a legal document. It needs medical evidence about the condition and its likely treatment, evidence of private health cover or family capacity to meet costs where relevant, and a clear explanation of the compassionate circumstances, including the Australian partner and any Australian children. The submission is usually requested with a deadline, so preparation should begin as soon as a health finding is likely.

Applicants who know of a condition should also be accurate about it. Every health declaration must be truthful. A health condition is a manageable issue. A false health declaration is a far more difficult one.

False or misleading information and undeclared history

False or misleading information in a partner visa application, or in an earlier visa application, is one of the most serious complexity drivers because it can lead to refusal under a public interest criterion regardless of how genuine the relationship is. Undeclared previous relationships, undeclared children and undeclared earlier applications are the most common examples in partner visa matters.

Partner visa applications ask about previous marriages and relationships, children, earlier visa applications and refusals. Earlier applications, such as a visitor, student or another partner visa application, asked many of the same questions. If an earlier application said the applicant had never married, and the partner visa application discloses a previous marriage, the Department will compare the two. The same applies to children, to earlier partner visa applications with a different partner, and to travel history.

PALASIT: an undeclared previous relationship

In PALASIT (MIGRATION) [2026] ARTA 1914, the issues recorded are false or misleading information, a previous relationship not declared, and the discretion to waive the criterion. The Tribunal remitted the matter to the Department.

The decision shows how often a complex partner visa problem begins with an earlier omission rather than anything in the current relationship. It also shows that the false information criterion can involve a discretion, which means the circumstances of the omission, and how the applicant has dealt with it, matter. The same risk arises where an earlier visa application with a previous partner was never declared.

How undeclared history is handled

The safest course in a complex partner visa case is to identify every earlier application and every earlier answer before the partner visa is lodged. Where an earlier answer was wrong, the correction should come from the applicant, with an explanation, not be discovered by the Department. Form 1023 is used to notify the Department of incorrect answers. Form 1022 is used to notify a change in circumstances. The firm's guide to Form 1022 change of circumstances explains the difference.

The relationship statement and every supporting document must then be consistent with the corrected history. A partner visa relationship statement is the couple's own account and must be accurate in every date and fact. The firm reviews the statement for consistency with the file, and the applicant confirms and corrects it, because it is their evidence.

Identity and document problems

Identity problems make a case a complex partner visa matter because the Department must be satisfied of who the applicant is before it can grant any visa. Inconsistent dates of birth, different spellings of names, documents issued late in life and multiple versions of the same document all attract scrutiny.

Identity issues often have innocent explanations. Births may not have been registered at the time. Names may be transliterated differently in different documents. A document may have been reissued after the original was lost. The difficulty is that the Department cannot assume an innocent explanation. It needs evidence.

2305833: identity and multiple birth certificates

In 2305833 (MIGRATION) [2026] ARTA 1686, the issues recorded are identity, bogus documents and multiple birth certificates. The Tribunal remitted the matter to the Department. The lesson for a complex partner visa application is that document anomalies should be explained at lodgement, with evidence of how and why each document was issued, rather than left for the case officer to interpret. An unexplained second birth certificate can look like a bogus document even where it is not.

A complex partner visa application with identity issues should include a clear identity chronology: every name used, every document held, when and why each was issued, and how they relate to each other. Where documents conflict, the application should say which details are correct and why.

Relationship features that attract scrutiny

Some relationships have features that lead the Department to examine the evidence more closely, which can make an otherwise ordinary application a complex partner visa case. These features are not grounds for refusal in themselves. They are reasons to make sure the evidence answers the obvious questions.

The Department assesses all the circumstances of the relationship, including four matters: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the nature of the couple's commitment to each other. The information considered may include documents, Form 888 statements, an interview with the applicant or sponsor, and information provided by third parties.

Short relationships before marriage or application

A couple who married or applied soon after meeting will have less shared history to document. The evidence should explain how the relationship developed, why the couple made their decisions when they did, and how the relationship has continued since. Short duration is a reason for detail, not a reason to apply without it.

Significant age differences

A significant age difference is common in genuine relationships. The Department may ask more questions about how the couple met and how they share their lives. Evidence of shared finances, a shared household, recognition by family and friends, and plans for the future answers those questions.

Arranged and cultural marriages

Arranged marriages and marriages celebrated according to cultural or religious practice are recognised relationships. The application should explain the customs involved, the role of the families, how the couple came to know each other, and how the relationship has developed since the marriage. Evidence of the ceremony and of family recognition is important. The Department assesses the relationship as it actually exists, and the application should describe it accurately rather than in terms that do not fit the couple's practice.

Long periods apart

Many genuine couples spend long periods apart because of visa limits, work or family duties. The Department's guidance lists staying in touch when apart as evidence of commitment. A complex partner visa application involving separation should document contact during the separation, visits, financial support and the reasons the couple were apart.

For each of these features, the firm's guides to partner visa relationship evidence, preparing evidence of a genuine relationship and the 820 partner visa evidence checklist explain what to gather. Witness statements should be specific, and the firm's Form 888 example answers and common mistakes shows what useful witness evidence looks like.

Children, custody and consent

Including a child in a partner visa application makes the case more complex when the child's other parent is not part of the application, because the Department generally requires evidence that the other parent consents to the child being granted the visa, or that the applicant has the legal right to decide where the child lives. Form 1229 is the Department form used for that consent.

Where the other parent will not sign, cannot be found or has died, the application needs other evidence, such as a court order about custody or a death certificate. Custody disputes can delay or prevent a child's inclusion, and they should be identified at the start. A complex partner visa application should never include a child on the assumption that consent will be resolved later.

Children also have their own requirements. They need health examinations appropriate to their age. Children aged 16 or over may need police certificates and may be asked to complete Form 80. Each child's documents must be consistent with the parent's history, including the declaration of every child in earlier applications.

Undeclared children are a common link between this section and the previous one. A child born before the relationship, and not declared in an earlier visa application, raises both a consent issue and a false information issue. Both must be handled together.

How a complex partner visa is assessed differently

A complex partner visa is assessed under the same criteria as any other partner visa, but the Department usually spends more time on it and is more likely to ask for further information. A complex partner visa application should expect requests and be prepared for them.

The firm's guides to the Subclass 820 partner visa requirements and the 820 visa requirements, documents and how to apply set out what every application needs. In a complex case, the case officer is also checking each risk area. Where the evidence is incomplete, the Department may send a section 56 request for more information. Where it has information that could lead to refusal, it will usually send a section 57 natural justice letter inviting comment.

The firm's analysis of why partner visas get refused and of the most common Subclass 820 refusal reasons shows that many refusals turn on issues of the kind described in this article. Where a refusal has already occurred, the firm's partner visa refusals service explains the review process. For applicants deciding whether they need advice at all, the firm's article on when to engage an immigration lawyer for a partner visa sets out the practical considerations.

Sponsorship approval and limitations

Every partner visa requires an approved sponsor, and a case becomes a complex partner visa matter when the sponsorship limitations may prevent approval. The limitations can apply where the sponsor has sponsored a previous partner, has been sponsored as a partner themselves within a set period, or has a relevant criminal record. This article does not cover the sponsor's position in detail. The firm's partner visa sponsorship limitations service and its article on when a sponsor cannot sponsor a partner visa explain the rules.

HSU: compelling circumstances and an Australian citizen child

In HSU (Migration) [2025] ARTA 339, the issues recorded are a sponsorship limitation, an Australian citizen child, and compelling circumstances. The Tribunal remitted the matter to the Department. The practical lesson is that a sponsorship limitation is not always the end of a complex partner visa application. Where compelling circumstances exist, such as an Australian citizen child of the relationship, they must be identified, evidenced and argued. They will not be assumed.

Relationship breakdown, death of the sponsor and family violence

A partner visa normally requires the relationship to continue until the visa is decided, but the law allows the permanent visa to be granted in limited circumstances where the relationship has ended, including where the sponsor has died, where there is a child of the relationship, or where family violence has been committed by the sponsor. These are complex partner visa situations that need urgent advice.

Each exception has its own evidence requirements. A relationship breakdown should be reported to the Department, and the applicant's options assessed before any further step is taken. The firm's article on what happens to a Subclass 820 application if the relationship breaks down explains the general position. Where family violence is involved, the firm's family violence partner visa lawyers act for applicants under the special provisions. Safety comes first, and the visa position can be assessed confidentially.

Reapplying after a previous partner visa refusal

Reapplying after a partner visa refusal is a complex partner visa situation because the new application will be read alongside the earlier decision, and the reasons for the earlier refusal must be fully answered in the new application. A fresh application that repeats the earlier evidence will usually meet the same result.

The first question is whether a new application is possible at all, and where. An applicant in Australia without a substantive visa after a refusal may face the onshore application limits described earlier in this article, as well as Schedule 3. The second question is whether review of the earlier decision is a better path than a new application. The two are not always alternatives, and the timing of each matters.

Where a new application is the right course, the earlier refusal decision is the starting point. Every finding in it must be identified and addressed with new evidence, explanation or legal argument. If the earlier decision found that evidence was inconsistent, the new evidence must resolve the inconsistency. If it found the relationship was not genuine, the new application must show why that finding should not be repeated. The firm's guide to partner visa refusal appeal options explains how review compares with reapplying.

Second-stage problems in a complex partner visa

The second stage of an onshore partner visa can raise new complications, because the permanent Subclass 801 visa is assessed again on the relationship, character and, where required, health, generally two years after the combined application was lodged. A case that was straightforward at the first stage can become a complex partner visa matter at the second.

The firm's comparison of Subclass 820 and Subclass 801 explains the two stages. The common second-stage problems are:

• Relationship changes. The relationship may have ended or changed. The Department must be told, and the exceptions described above may need to be relied on.
• New character matters. Any charge or conviction since the temporary visa was granted will be relevant. An Australian Federal Police certificate is usually needed, and an overseas police certificate is needed for any country where the applicant spent 12 months or more since the temporary visa was granted.
• Health examinations. Health examinations may be required again.
• Sponsor declaration. The sponsor completes a Commonwealth statutory declaration about the relationship at the second stage.
• Other visas. The applicant must not obtain another visa while holding the Subclass 820, because any other visa ends eligibility for the Subclass 801. New Zealand citizens on a Subclass 820 must tell the border officer that they do not want a Special Category visa, because its grant ends Subclass 801 eligibility.
• Travel. Applicants who still hold a bridging visa at the first stage must manage travel carefully. The firm's guides to the Bridging visa B and to work rights on a Bridging visa A explain travel and work while waiting.

Because partner applications can take a long time, the Department advises applicants to update their documents and relationship evidence regularly through ImmiAccount. In a complex partner visa case, keeping the file current also means notifying changes promptly and keeping police and health documents planned around their validity.

Tribunal review of a refused complex partner visa

If a complex partner visa is refused, the applicant or sponsor may be able to apply to the Administrative Review Tribunal for merits review, but the review deadline is short and strictly applied. The decision letter states whether review is available, who may apply and the time limit. Advice should be sought on the day the decision is received.

The Tribunal reviews the decision afresh. It can consider new evidence, including evidence that was not before the Department. It can affirm the refusal, set it aside and substitute a new decision, or remit the matter to the Department for reconsideration. Each Tribunal decision referred to in this article is one in which the matter was remitted. In complex partner visa matters, review commonly turns on a specific criterion, such as a Schedule 3 waiver, a character question, false information, identity or a sponsorship limitation, rather than on the relationship alone.

The firm's guide to the ART review process after a visa refusal explains what to expect. Its article on when to engage a visa appeal lawyer explains the legal work involved in preparing a review. A complex partner visa review needs written submissions directed at each refusal reason, the evidence that answers it, and preparation for the hearing.

How preparation differs in a complex partner visa matter

Preparation of a complex partner visa matter differs from an ordinary application because every risk must be identified, evidenced and addressed in writing before lodgement, and the application must anticipate the questions the Department is likely to ask. The core elements are set out below.

A verified chronology

The first step is a single chronology of the applicant's life: addresses, travel, visas held, applications made, refusals, relationships, children, employment and any police or court matters. The chronology is checked against passports, earlier applications and documents already held by the Department. Inconsistencies are found before the Department finds them.

Complete and honest disclosure

Every earlier relationship, application, refusal and charge is disclosed. Where earlier answers were wrong, the correction is made with an explanation. Disclosure is not a strategy choice in a complex partner visa case. It is the foundation on which every other argument depends.

Legal submissions

Each legal issue is addressed in a written submission: the Schedule 3 waiver, the condition 8503 position, the character history, the health circumstances, the identity explanation, the consent to a child's inclusion or the compelling circumstances for a sponsorship limitation. The submission identifies the criterion, sets out the facts, refers to the evidence and explains why the criterion is met or should be waived.

Police and medical documents

Police certificates are obtained from every required country. Health examinations are timed so that results remain valid. The Department suggests checking processing times before doing health examinations and police certificates, because they may need to be redone if they expire. In some cases upfront health examinations can be arranged through My Health Declarations before lodgement, where the visa is listed.

Anticipating section 56 and section 57 letters

A complex partner visa application should answer the obvious questions before they are asked. Where a request still comes, the response is prepared within the time given and is consistent with everything already lodged. A section 57 letter is answered with evidence and legal argument, not only explanation.

Representation and correspondence

A representative is appointed using Form 956, which the firm's guide to Form 956 and 956A explains, so that all Department correspondence comes to the firm and no deadline is missed. Applicants who already lodged their own application can still obtain help, as the firm's article on hiring an immigration lawyer after lodging your own application explains. Applicants who already have advice may want a second opinion from an immigration lawyer. Where a deadline is close, the firm's guide to urgent immigration lawyer advice explains what to prepare.

Choosing help for a complex partner visa

The firm's guides to choosing a partner visa lawyer in Australia, the best partner visa lawyer for your case, the role of partner visa lawyers and the comparison of a partner visa lawyer and doing it yourself explain what to look for. In a complex partner visa case, the main question is whether the adviser has experience with the specific issue involved.

Help wherever you live

My Migration Lawyers acts for partner visa applicants across Australia, with consultations held by video. The firm assists clients through its pages for partner visa lawyers in Sydney, Parramatta, Melbourne, Brisbane, the Gold Coast, Perth, Adelaide, Canberra and Hobart. A complex partner visa matter is handled the same way wherever the applicant lives.

How My Migration Lawyers handles complex partner visa matters

My Migration Lawyers regularly acts in complex partner visa cases, including matters involving Schedule 3, condition 8503, earlier refusals and cancellations, character and health issues, undeclared history, identity problems, children and sponsorship limitations. The firm deals with complex cases and has the experience to handle them from first assessment to final decision or review.

The firm's work on a complex partner visa matter follows a clear sequence:

• Assessment. The firm reviews the applicant's full visa history, earlier applications and decisions, police and health position, identity documents and relationship evidence. It identifies every criterion at risk and advises whether, where and when an application can be lodged.
• Strategy. The firm advises on the order of steps: whether a condition 8503 waiver is needed first, whether a Schedule 3 waiver must be argued, whether earlier answers must be corrected, whether review or a fresh application is the better path, and which documents must be obtained before lodgement.
• Evidence and chronology. The firm builds the verified chronology and identifies the evidence each issue requires. The relationship statement and Form 888 statements are the client's and the witnesses' own evidence. The firm reviews them for accuracy and consistency, and the client confirms and corrects them.
• Legal submissions. The firm prepares written submissions addressing each legal issue against the relevant criteria and policy, so that the case officer has the full argument at lodgement.
• Department correspondence. The firm acts as the authorised recipient, responds to section 56 requests and section 57 letters within the time given, and keeps the application updated through to the permanent stage.
• Review. If a complex partner visa is refused, the firm advises on review by the Administrative Review Tribunal, prepares the submissions and evidence, and prepares the applicant for the hearing.

The firm's partner visa practice is overseen by its Principal Lawyer, Weiwei Zhang. More about the firm and how it works is on the about My Migration Lawyers page, and the firm's partner visa services are described on the partner visa lawyers page.

If your case has any of the features described in this article, the time to get advice is before you lodge, or as soon as a letter or decision arrives. Book a consultation to have your complex partner visa matter assessed. You can also call 1300 040 300.