Complex Partner Visa Lawyer: What the Work Involves

What does a complex partner visa lawyer do?

A complex partner visa lawyer identifies every legal obstacle in a partner visa matter before lodgement, advises on whether and how each obstacle can be overcome, prepares the legal submissions and evidence needed to meet the relevant criteria or waivers, and manages the application through the Department and, if necessary, the Administrative Review Tribunal (ART). The work of a complex partner visa lawyer is different from ordinary partner visa preparation. In an ordinary matter the main question is whether the relationship is genuine and continuing. In a complex matter the relationship may be strong, yet the application can still fail on a threshold rule, a public interest criterion or a sponsorship rule that has nothing to do with the relationship.

This article explains what a complex partner visa lawyer actually does on each type of difficult file, using the way My Migration Lawyers approaches these matters. It is written for couples who already know they have a problem: an applicant without a substantive visa, a previous refusal, a criminal record, a health issue, a sponsor who has sponsored before, a relationship that has broken down, or a decision that has already gone against them. It does not repeat the general law of partner visas, which is set out in the complete guide to partner visas in Australia. Couples who want their own file assessed can go straight to our partner visa lawyers page.

Who needs a complex partner visa lawyer?

A couple needs a complex partner visa lawyer when any fact in the file can make the application invalid, trigger a mandatory refusal or require the Department to exercise a discretion. Those facts are usually known to the couple before they lodge. They include an expired visa, a visa with a No Further Stay condition, an earlier refusal or cancellation, a criminal conviction for either partner, a significant health condition, a sponsor who has sponsored a previous partner, a sponsor with convictions for violent or sexual offences, a past answer to the Department that was not accurate, and a relationship that has ended because of family violence.

The articles on when an immigration lawyer is needed for a partner visa and on whether legal help is worth it compared with doing it yourself cover the general decision. This article is about the narrower group of files where a complex partner visa lawyer is not a convenience but the difference between a valid, properly argued application and one that fails on a point the couple did not see.

What makes a partner visa application complex?

A partner visa application is complex when its outcome depends on something other than the evidence of the relationship. In practice, a complex partner visa lawyer sees the same categories again and again, and each category has its own legal test, its own evidence and its own risk if it is missed.

The main categories are:

• No substantive visa at lodgement. Onshore applicants who are unlawful or hold only a bridging visa face Schedule 3 criteria 3001, 3003 and 3004 for the Subclass 820.
• Section 48 bar. Applicants in Australia without a substantive visa who have had a visa refused or cancelled since last entering Australia must meet extra validity rules, including two statutory declarations.
• Condition 8503. A No Further Stay condition prevents a further substantive visa application onshore unless it is waived.
• Character. Criminal history, outstanding charges, or conduct concerns under section 501 of the Migration Act 1958.
• Health. A condition that may not meet PIC 4007 and may require a health waiver.
• Sponsorship limitation. A sponsor who has sponsored or been sponsored before, under regulation 1.20J.
• Sponsor convictions. A sponsor with convictions for relevant offences under regulation 1.20KC, or registrable offences under regulation 1.20KB where a child is included.
• Integrity. False or misleading information or a bogus document under PIC 4020, often arising from an earlier visa application.
• Previous refusals. An earlier partner visa refusal, which changes both validity and strategy.
• Family violence and relationship breakdown. Where the relationship has ended before the visa is decided.
• Children. Dependent children, children of the relationship, custody issues and the best interests of the child.

Most complex files have more than one of these features. An applicant who overstayed a student visa may also have a refused visitor visa, a condition 8503 history and an earlier answer about marital status. The job of a complex partner visa lawyer is to see how the features interact, because fixing one in isolation can make another worse. The article on why Subclass 820 visas are refused shows how often refusals come from these features rather than from doubt about the relationship.

How a complex partner visa lawyer assesses the file before lodgement

A complex partner visa lawyer starts with the applicant's full visa and immigration history, then the sponsor's history, and only then the relationship evidence. That order matters. If the application cannot be validly made, or a mandatory refusal ground applies, the quality of the relationship evidence will not save it.

Obtaining the visa history

My Migration Lawyers obtains the visa history itself. The firm checks the applicant's current visa and conditions through VEVO using the passport details on file, reviews Department records available to the representative, and, where the history is long or uncertain, lodges a freedom of information request for the Department's file. Clients are not asked to find old bridging visa grant notices or copies of applications they made years ago. Most people do not keep them, and the Department's own records are more reliable.

The history tells a complex partner visa lawyer when each visa was granted and ceased, whether any visa was refused or cancelled since the last entry, which conditions applied, whether a bridging visa is held and on what basis, and what the applicant said in earlier applications about relationships, children and criminal history. The guide to bridging visas in Australia explains why the type of bridging visa matters, and the articles on Bridging Visa A and Bridging Visa B explain work rights and travel.

Reviewing the sponsor

The sponsor is assessed in parallel. A complex partner visa lawyer checks whether the sponsor is an Australian citizen, Australian permanent resident or eligible New Zealand citizen, whether the sponsor has sponsored or been sponsored as a partner before, and whether the sponsor has any convictions that the sponsor must disclose. The article on when a sponsor cannot sponsor a partner visa in Australia explains the limits in detail.

Written advice on pathway and risk

After the history is in hand, the firm gives written advice on the available pathway: an onshore Subclass 820 partner visa, an offshore Subclass 309 partner visa, or a Subclass 300 prospective marriage visa. The advice names each legal risk, the criterion it engages, the evidence needed and what happens if the risk is not resolved. Couples who have not yet spoken to a lawyer can read about booking an immigration lawyer consultation to see how the first meeting works.

Fixed fees under a written costs agreement

My Migration Lawyers charges fixed fees for each stage of a matter under a written costs agreement. The agreement sets out what is included, what is excluded and how the matter is staged. The articles on fixed-fee immigration lawyers and on partner visa lawyers' fees and how to choose explain what a quote should cover.

What government charges apply to a complex partner visa?

As at October 2026, the Department of Home Affairs partner visa application charge for the combined Subclass 820 and Subclass 801 application is from AUD 11,710 for most applicants, and from AUD 1,955 for Subclass 300 holders applying in Australia. One charge covers both stages of the combined application. The Department's page also states that a lower charge applies from 1 July 2026 for eligible Pacific Island and Timor-Leste citizens, and the current figure should be checked on the Department's page before lodgement. Charges are reviewed each 1 July.

Police certificates, health examinations, translations and biometrics are extra costs. A complex file often needs more of them, for example additional police certificates for each country where the applicant has lived, or further medical reports for a health waiver. A complex partner visa lawyer plans for those costs at the start so that the application is not lodged with documents missing. The article on how much a Subclass 820 partner visa costs breaks down the government charges.

The application charge is generally not refunded if the visa is refused. That is one more reason to resolve validity and threshold issues before paying it.

Schedule 3: applying without a substantive visa

Schedule 3 criteria 3001, 3003 and 3004 apply to an onshore Subclass 820 applicant who does not hold a substantive visa when the application is lodged, and the Department can waive them only if it is satisfied there are compelling reasons for not applying them. Schedule 3 is one of the most common reasons a couple needs a complex partner visa lawyer.

Criterion 3001 generally requires the application to be made within 28 days after the applicant last held a substantive visa. Criteria 3003 and 3004 deal with applicants who became unlawful and with the reasons for that. The detail is explained in Schedule 3 criteria: applying when you are unlawful and in the Schedule 3 partner visa waiver article.

What the Department says about compelling reasons

The Department's procedural instruction for the Subclass 820 states that, as a general rule, a genuine relationship and the hardship of separation if the applicant had to apply offshore are not, on their own, compelling reasons to waive Schedule 3. The instruction gives circumstances beyond the applicant's control, such as severe illness or incapacity, as an example of where compelling reasons may exist. It also warns that the waiver is not intended to advantage people who failed to comply with visa conditions or who could leave and apply offshore.

That guidance is the core of the work. A complex partner visa lawyer does not simply say the couple love each other. The lawyer identifies which facts, if proved, show compelling reasons: children, the sponsor's health or care needs, circumstances that caused the applicant to become unlawful, the length and stage of the relationship, and the real consequences of departure. The lawyer then advises on the evidence that proves those facts.

What the firm does on a Schedule 3 file

On a Schedule 3 file, My Migration Lawyers confirms from the visa history exactly when the last substantive visa ceased and whether criterion 3001 is engaged, identifies the facts that may support compelling reasons, advises on the independent evidence for each fact (medical reports, school records, care arrangements, employment records), and prepares a legal submission that addresses the Department's own policy guidance. The relationship statement and Form 888 statements remain the couple's and the witnesses' own evidence. The firm reviews them for gaps and inconsistencies, and the couple correct and confirm their own words. Our Schedule 3 waiver page explains how the firm acts in these matters.

Section 48 and the two statutory declarations

Section 48 of the Migration Act 1958 limits the visas that a person in Australia without a substantive visa can apply for if they have had a visa refused or cancelled since last entering Australia, and a partner visa is one of the visas that can still be applied for, but only if extra validity rules are met. It is another frequent reason for a complex partner visa lawyer to be involved, and it is a pass or fail test.

For a section 48 applicant, Schedule 1 item 1124B(3)(e)(iii) of the Migration Regulations 1994 requires two statutory declarations to be lodged with the application. Each must be made by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is not the partner, must declare that the couple are in a married or de facto relationship, and must be made no more than 6 weeks before the application is lodged. Form 888 statements do not satisfy this rule. An application lodged without the two declarations is not a valid application.

What a complex partner visa lawyer checks

A complex partner visa lawyer confirms from the visa history whether section 48 applies at all, because many applicants are told it does when it does not, and others assume it does not when it does. If it applies, the lawyer checks the status of each declarant, the content of each declaration, the witness and execution method, and the date of each declaration against the planned lodgement date. If lodgement moves, the dates are checked again. The article on partner visa after a visa refusal explains section 48 in more detail, and the guides to Form 888 and Form 888 examples and common mistakes explain why Form 888 is not a substitute.

A section 48 applicant who has had a previous partner visa refused since last entering Australia may face a further bar. That is a question a complex partner visa lawyer answers from the visa history before any other work is done.

Condition 8503: No Further Stay waivers

Condition 8503 prevents the holder of a visa with that condition from making a further substantive visa application in Australia, including a partner visa application, unless the Department first waives the condition. A complex partner visa lawyer treats condition 8503 as a validity problem, because a partner visa application lodged while the condition applies and has not been waived is generally not a valid application.

Condition 8503 is commonly attached to visitor visas and some sponsored or student visas. Many couples meet, marry or decide to live together while the overseas partner is in Australia on such a visa. The waiver test is narrow. In general terms, the Department must be satisfied that, since the visa was granted, compelling and compassionate circumstances have developed over which the person had no control and that resulted in a major change in their circumstances. Starting or deepening a relationship is usually not enough on its own.

What the firm does on an 8503 matter

My Migration Lawyers confirms from the visa grant and VEVO whether condition 8503 applies, advises whether a waiver request has realistic prospects, and identifies the facts that might meet the waiver test, such as a serious illness or a pregnancy that arose after grant. If a waiver is unlikely, the firm advises on other options, such as an offshore Subclass 309 application by the Australian partner as sponsor. The article on Subclass 820 with a No Further Stay condition and the guide to moving from a tourist visa to a partner visa explain the issue in detail.

A complex partner visa lawyer also checks timing. A waiver request takes time to decide, and the applicant's visa may expire in the meantime, which can then bring Schedule 3 into play. The lawyer plans for both outcomes before the waiver request is made.

Character concerns, criminal records and section 501

A partner visa applicant must satisfy the character requirements, and the Department can refuse a partner visa under section 501 of the Migration Act 1958 if the applicant does not pass the character test. Character issues are one of the clearest reasons to engage a complex partner visa lawyer, because the consequences of a section 501 refusal go beyond the partner visa itself.

The character test includes a substantial criminal record, which includes a sentence of imprisonment of 12 months or more, as well as other grounds such as association with criminal conduct, a risk of future conduct, and certain types of offences. A person can fail the character test even without a long sentence. The decision maker then has a discretion whether to refuse, and must take into account the matters in the current Ministerial Direction made under section 499, including the strength of family ties and the best interests of minor children in Australia.

What a complex partner visa lawyer does on a character file

A complex partner visa lawyer obtains the full record before lodgement: court documents, sentencing remarks, the National Police Certificate and police certificates from each relevant country. The lawyer checks what was disclosed in earlier visa applications, because a non-disclosure can create a separate PIC 4020 problem. The lawyer then advises whether the applicant is likely to fail the character test, and if so, prepares a submission addressing the Ministerial Direction factors, supported by evidence of rehabilitation, employment, family ties, the sponsor's circumstances and the interests of any children.

The Form 80 personal particulars form is often requested in character matters. The guide to Form 80 explains how to complete it without errors. Where a visa has already been cancelled on character grounds, the firm's visa cancellations page explains how My Migration Lawyers acts.

Police certificates

As a general rule, the Department asks for police certificates from each country where the applicant has lived for 12 months or more in the last 10 years since turning 16. A complex partner visa lawyer checks the applicant's residence history against that rule, because a missing certificate is one of the most common reasons for delay. The partner visa document checklist lists the usual documents.

Health criteria and the PIC 4007 health waiver

A Subclass 820 applicant must satisfy public interest criterion 4007, the health requirement, and PIC 4007 allows the Department to waive the requirement in limited circumstances where the applicant does not meet it. A health issue does not end a partner visa application, but it makes the file complex.

Under PIC 4007, a Medical Officer of the Commonwealth gives an opinion on whether the applicant has a disease or condition that is likely to result in significant cost to the Australian community or prejudice access to health care or community services. If the opinion is adverse, the waiver question arises. The waiver involves its own assessment, including whether granting the visa is unlikely to result in undue cost or undue prejudice to access, and any undertakings that may be given.

What a complex partner visa lawyer does on a health file

A complex partner visa lawyer reviews the medical history before the immigration medical examination where the applicant already knows of a condition, so that the file is ready for the questions that will follow. If an adverse opinion is received, the lawyer obtains treating specialists' reports that address cost and prognosis, prepares a waiver submission addressing the compelling and compassionate circumstances of the couple and any children, and responds to any section 57 letter that puts the health opinion to the applicant. The applicant's health information is handled with care and is used only for the waiver.

Sponsorship limitation under regulation 1.20J

Regulation 1.20J of the Migration Regulations 1994 limits a sponsor to two partner sponsorships in a lifetime, with at least five years between them, and it also limits sponsors who were themselves granted a partner visa within the last five years, unless there are compelling circumstances affecting the sponsor. The limitation is a sponsorship criterion. If it applies and is not waived, the visa is refused however genuine the current relationship is.

A complex partner visa lawyer checks the sponsor's history first. The questions are: has the sponsor sponsored a previous partner, how many times and when; was the sponsor granted a partner visa as an applicant, and when; and when the relevant five-year period runs from. The answers decide whether the limitation applies at all. The firm's sponsorship limitations page explains how My Migration Lawyers acts in these matters.

Compelling circumstances affecting the sponsor

Where the limitation applies, the question is whether there are compelling circumstances affecting the sponsor. A complex partner visa lawyer focuses the submission on the sponsor, not only on the applicant, and gathers evidence such as a child of the current relationship, the sponsor's health or care needs, the length and stability of the current relationship, and the circumstances in which earlier relationships ended. One Tribunal headnote discussed below reports, as an issue, that previous failed relationships are not themselves compelling circumstances. The evidence has to show why the sponsor's present situation is compelling.

Sponsors with criminal convictions: regulations 1.20KB and 1.20KC

A partner visa sponsorship must not be approved under regulation 1.20KC if the sponsor has been convicted of a relevant offence and has a significant criminal record in relation to it, unless the Department considers it reasonable to approve the sponsorship. Where a child under 18 is included in the application and the sponsor has a conviction or an unresolved charge for a registrable offence, regulation 1.20KB requires the sponsorship to be refused, subject to limited exceptions. These rules are separate from the applicant's character test, and they are a frequent source of complex partner visa work.

The Department's procedural instruction explains that relevant offences are defined in subregulation 1.20KC(2) and that a significant criminal record for these purposes, under regulation 1.20KD, includes a sentence of imprisonment of 12 months or more, or two or more terms totalling 12 months or more. A conviction for an offence that is not a relevant offence cannot be used to refuse sponsorship under regulation 1.20KC. The sponsor must also consent to the disclosure of convictions for relevant offences to the applicant. If the sponsor does not consent, the relevant Schedule 2 criterion cannot be met.

Whether it is reasonable to approve the sponsorship

Where the mandatory refusal ground in subregulation 1.20KC(3) applies, subregulation 1.20KC(4) allows the sponsorship to be approved if it is reasonable to do so, having regard to matters that include the time since the sponsor completed the sentence, the best interests of any children of the sponsor or the applicant, and the length of the relationship. A complex partner visa lawyer builds the submission around those matters: court records, evidence of the sponsor's conduct since the sentence, the children's circumstances and the history of the relationship.

This part of a complex partner visa matter is sensitive. The sponsor's convictions are the sponsor's own information, and the lawyer advises the sponsor on disclosure and consent before anything is lodged. My Migration Lawyers can act for both partners, and where interests may diverge the firm addresses that at the start.

Complex offshore partner visa matters: advice to the Australian partner

A complex offshore partner visa matter is one where the overseas partner applies for a Subclass 309 visa and the file has a character, health, integrity or sponsorship problem, and in these matters the person who engages a complex partner visa lawyer is usually the Australian partner as sponsor. The application is lodged online. Nobody needs to attend a paper lodgement overseas, and the Australian partner is often the one who gathers the evidence and deals with the firm.

Offshore files avoid Schedule 3, section 48 and condition 8503, because those rules concern applications made in Australia. That is why an offshore application is sometimes the right advice for an applicant who is in Australia with a No Further Stay condition or without a substantive visa. It is not a shortcut, however. The applicant must still meet the character requirements, PIC 4007, PIC 4020 and the other public interest criteria, and the sponsor must still meet regulation 1.20J and, where relevant, regulations 1.20KB and 1.20KC.

What a complex partner visa lawyer does on an offshore file

A complex partner visa lawyer checks whether the overseas partner has any earlier Australian visa history, including refusals, cancellations or periods of unlawful stay, because that history can affect later applications. The firm obtains that history from Department records rather than asking the couple to find old documents. The lawyer then advises the Australian partner on the evidence needed for each issue, such as police certificates from each country where the overseas partner has lived, medical reports, and evidence about the sponsor's own history.

If an offshore application is refused while the applicant is outside Australia, the Australian sponsor is the person who applies for ART review. The Australian partner must therefore know the 28-day deadline and the fee, and must act on the decision as soon as it arrives. The firm's Subclass 309 page and the Subclass 820 vs Subclass 801 explainer help couples compare the onshore and offshore stages.

Previous refusals, false information and PIC 4020

PIC 4020 allows the Department to refuse a partner visa if the applicant has given a bogus document or information that is false or misleading in a material particular, and partner visas are among the visas for which the Department can waive the requirement in compelling or compassionate circumstances. Previous refusals and PIC 4020 often go together, because the false information is frequently found in an earlier visa application.

Common examples include an earlier visitor visa application that said the applicant was single when they were in a relationship, a previous relationship or marriage that was not declared, a child who was not listed, or a document that the issuing authority later said was not genuine. Some of these errors were made by a third party or without understanding the question. That does not remove the problem, but it shapes the response.

What a complex partner visa lawyer does on a PIC 4020 file

A complex partner visa lawyer compares every earlier application, as obtained from Department records or through freedom of information, with the facts of the current application. Where an inconsistency exists, the lawyer advises the couple on how it should be explained, by whom and with what evidence, and whether to address it before the Department raises it. If a section 57 letter is issued, the lawyer prepares the response. The guides to responding to a section 56 request for more information and responding to a section 57 natural justice letter explain the procedure.

A previous partner visa refusal

A previous partner visa refusal changes the file. It may mean section 48 applies, it may mean a Tribunal decision has already made findings about the relationship, and it may mean the couple's earlier evidence contained gaps that the Department will look for again. A complex partner visa lawyer reads the earlier decision record line by line and identifies which findings can be answered with new evidence and which cannot. The firm's partner visa refusals page and the article on why partner visas get refused explain the common grounds.

Family violence and relationship breakdown

A partner visa applicant whose relationship with the sponsor has ended may still be granted the permanent visa in limited circumstances, including where the applicant or a member of their family unit has suffered family violence committed by the sponsor, under the special provisions in Division 1.5 of the Migration Regulations 1994. These matters always need a complex partner visa lawyer, because the applicant must still show that the relationship was genuine and continuing until it ended, and the family violence evidence must meet specific requirements.

Division 1.5 provides for judicially determined claims, such as a court order, and for non-judicially determined claims supported by prescribed evidence. Where the evidence is disputed or insufficient, the Department can refer the matter to an independent expert. A complex partner visa lawyer advises on which evidence is available, how the applicant's own statement should be prepared and reviewed, and how to protect the applicant's safety and privacy during the process.

When the relationship ends for other reasons

Family violence is not the only ground on which a visa can continue after the relationship ends. The law also provides for some cases where the sponsor has died, or where there is a child of the relationship and the parties share custody, access or maintenance responsibilities. In every case, the Department must be told of the change, usually by Form 1022. The article on Form 1022 change of circumstances explains when to lodge it, and the article on what happens to a Subclass 820 application if the relationship breaks down explains the options.

My Migration Lawyers acts for applicants in these matters through its family violence partner visa practice. The firm reviews the applicant's account, identifies gaps in the evidence, and prepares the legal submission. The applicant's statement remains the applicant's own evidence in the applicant's own words.

Children in a complex partner visa matter

Children make a partner visa file complex in several ways: a dependent child included in the application must meet health and character requirements, a child of the relationship can support a Schedule 3 or sponsorship waiver, custody or consent issues can affect whether a child can be included, and regulation 1.20KB can apply where a child under 18 is included and the sponsor has a registrable offence.

A complex partner visa lawyer checks whether each child is a member of the family unit, whether the other parent's consent or a court order is needed for inclusion, and whether the child's best interests are a relevant consideration under any discretion. Where a child is born during processing, the lawyer advises on how the child is added. Where the child is an Australian citizen, the lawyer considers how that fact bears on any waiver submission. Same-sex couples with children may also face parentage and recognition questions, and the firm's LGBTI partner visa page explains how My Migration Lawyers acts for same-sex couples.

Section 56 requests and section 57 letters in a complex partner visa matter

A section 56 request asks for more information, and a section 57 letter invites the applicant to comment on adverse information that would be the reason, or part of the reason, for refusing the visa. In a complex partner visa matter, these letters are often where the case is won or lost before a decision is made.

A complex partner visa lawyer reads the letter for exactly what the Department is relying on, checks the response deadline, identifies whether the information is accurate, and prepares a response that addresses the legal criterion engaged, not just the facts. The response may include new documents, explanations from the couple in their own words, expert reports and a legal submission. The firm treats these deadlines as fixed and plans the evidence around them. The guide to the Subclass 820 processing time and to how long an onshore partner visa takes explains why complex files often take longer.

If a complex partner visa is refused: the 28-day deadline and the ART fee

If a partner visa is refused, an application for review by the Administrative Review Tribunal must be made within 28 days after the day the applicant is notified of the decision, or 7 days if the applicant is in immigration detention, under subsection 347(3) of the Migration Act 1958. The deadline cannot be extended. A late application is not properly made, and the ART has no jurisdiction to hear it.

As at October 2026, the ART fee for review of a reviewable migration decision, which includes a partner visa refusal, is AUD 3,727 for fees paid on or after 1 July 2026. The fee must be paid before the deadline for applying for review. A 50% reduction may be granted for financial hardship, and the ART refunds 50% of the fee paid if the decision is set aside or varied or the matter is remitted to the Department.

Who applies for review

For an onshore Subclass 820 and Subclass 801 refusal, the applicant applies for review and must be in Australia. For a Subclass 309 refusal where the applicant is outside Australia, the Australian sponsor applies for review under subsection 338(5). A complex partner visa lawyer confirms the correct applicant, the date of notification and the deadline on the day the decision arrives.

What the lawyer does in the first days after a refusal

A complex partner visa lawyer reads the decision record, identifies each refusal ground, checks the bridging visa position, lodges the review application and fee on time, and then plans the evidence and submissions for the Tribunal hearing. For a complex file, the refusal ground is often a criterion such as Schedule 3, the sponsorship limitation, character or PIC 4020. The Tribunal can consider new evidence and can make its own decision on those criteria. The partner visa refusal appeal options, the ART review guide and the article on when a visa appeal lawyer is needed explain the process, and the firm's visa refusals page explains how My Migration Lawyers acts. Couples who have just received a refusal should obtain urgent immigration lawyer advice without delay.

What Tribunal decisions show about complex partner visa files

Tribunal decisions show that the criteria that make a partner visa complex, such as Schedule 3, the sponsorship limitation, sponsor convictions, character, health and PIC 4020, are matters the Tribunal examines closely and can decide differently from the Department when the evidence is properly put. Every decision listed below was remitted, which means the Tribunal sent the matter back to the Department to reconsider with directions or findings. A remittal is not a visa grant. The headnotes of these decisions do not state the nationality of any party, and nothing about nationality should be read into them. Each case is described only by the issues reported in its headnote.

Schedule 3 decisions

• Sandhu (Migration) [2018] AATA 1483, Subclass 820: the reported issues were whether compelling reasons exist for not applying the Schedule 3 criteria, the length of the relationship, and the difficulty of relocating offshore while the application is processed.
• Wang (Migration) [2018] AATA 2629, Subclass 820: the reported issues were the Schedule 3 criteria, that the applicant did not have a substantive visa at the time of application, compelling reasons, and that the applicant cares for the sponsor's children.
• Bedi (Migration) [2020] AATA 5208, Subclass 820: the reported issues were an application made more than 28 days after the last substantive visa was held, compelling reasons for not applying the criteria, and an Australian citizen child of the relationship.
• Puru (Migration) [2018] AATA 3444, Subclass 820: the reported issues were the Schedule 3 criteria, compelling reasons, previous convictions and working life.
• 1711977 (Migration) [2019] AATA 4199, Subclass 820: the reported issues were that the applicant did not hold a substantive visa, compelling reasons and significant hardship.

Sponsorship limitation decisions

• 2002289 (Migration) [2023] AATA 4513, Subclass 820: the reported issues were the sponsorship limit, two previous sponsorships and associated visas, compelling circumstances to waive the requirement, and a longstanding, committed, registered relationship.
• SEOL (Migration) [2023] AATA 4410, Subclass 820: the reported issues were the sponsorship limitation, two previous sponsorships, compelling circumstances to waive the requirements, and that previous failed relationships are not themselves compelling circumstances.
• Luangkratok (Migration) [2022] AATA 89, Subclass 820: the reported issues were the sponsorship limitation requirement, compelling circumstances, and a sponsor who had previously sponsored a partner visa applicant within five years of the new application.

Sponsor conviction and character decisions

• Ellis (Migration) [2024] AATA 3411, Subclass 820: the reported issues were sponsorship approval, a sponsor convicted of a relevant offence, a significant criminal record, and whether it was reasonable to approve the sponsorship.
• Naureen (Migration) [2024] ARTA 468, Subclass 309: the reported issues were whether it was reasonable to approve the sponsorship, the sponsor's significant criminal record, the time elapsed since the last imprisonment, and limited time spent together because of travel restrictions.
• Bautista (Migration) [2021] AATA 606, Subclass 820: the reported issues were criminal history statements, statements from the home country and Australia provided to the Tribunal, and driving disqualifications and fines that were disclosed.

Health and integrity decisions

• 1923768 (Migration) [2020] AATA 3910, Subclass 309: the reported issues were a failure to meet the health criteria, that the requirements in PIC 4007 were not met, that a further Medical Officer of the Commonwealth opinion was provided, and that the visa applicant satisfied the health criteria.
• HASSAN (Migration) [2019] AATA 6523, Subclass 300: the reported issues were that the applicant had given false or misleading information, that the requirements of PIC 4020 were waived, and that a dependent child had been born of the relationship.

Family violence decisions

• 2305121 (Migration) [2025] ARTA 455, Subclass 820: the reported issues were a genuine and continuing relationship before the relationship ceased, a joint bank account, social and government recognition of the relationship, and a non-judicially determined claim of family violence.
• Haikin (Migration) [2019] AATA 3241, Subclass 820: the reported issues were that the sponsorship was withdrawn, the relationship with the sponsor had ceased, and the applicant was a family violence victim.

These decisions do not decide any other couple's case. Each turned on its own evidence. What they show is that the issues a complex partner visa lawyer deals with every day, such as compelling reasons, the sponsor's history, criminal records, health opinions and earlier false information, can be reconsidered when the right evidence is put to the decision maker within time.

How My Migration Lawyers handles a complex partner visa matter

My Migration Lawyers handles a complex partner visa matter by identifying every threshold, public interest and sponsorship issue in the file before lodgement, advising on each one in writing, and then preparing the evidence and legal submissions that the relevant criterion or waiver requires. The firm deals with complex cases as a regular part of its practice, acts in many partner visa matters involving Schedule 3, section 48, condition 8503, character, health, the sponsorship limitation, sponsor convictions, PIC 4020, family violence and earlier refusals, and is capable of handling these matters from first advice to decision and, if necessary, through ART review. Acting as a complex partner visa lawyer is not a separate service at the firm. It is the core of its partner visa work.

On a complex partner visa matter, the work follows a set sequence.

• Visa and sponsor history. The firm obtains the applicant's visa history itself, through VEVO, Department records and, where needed, freedom of information, and reviews the sponsor's sponsorship and conviction history. Clients are not asked for old immigration documents they do not keep.
• Issue map. The firm lists every legal issue in the file, the criterion each one engages, whether a waiver or discretion is available, and how the issues interact.
• Written advice. The firm advises in writing on the pathway (Subclass 820, Subclass 309 or Subclass 300), the risks and the evidence needed, and on timing where Schedule 3, section 48 or condition 8503 makes timing critical.
• Evidence plan. The firm tells the couple which independent evidence is needed for each issue, such as court records, police certificates, medical reports, records about children and evidence of the sponsor's circumstances.
• Review of the couple's own evidence. The relationship statement and Form 888 statements are the couple's and the witnesses' own evidence. The firm reviews them, identifies gaps and inconsistencies with earlier applications and other documents, and the couple correct and confirm their own words.
• Legal submissions. The firm prepares a submission on each criterion or waiver, addressing the Department's own policy and the relevant legislation.
• Lodgement and processing. The firm lodges the application, responds to section 56 requests and section 57 letters, and keeps the Department informed of changes in circumstances.
• Review if refused. If a decision goes against the couple, the firm advises on the 28-day deadline, the ART fee and the review strategy straight away.

Weiwei Zhang, Principal Lawyer, leads the firm's partner visa practice. You can read more about My Migration Lawyers and about Weiwei Zhang, and see how the firm works as partner visa lawyers in Australia. The firm also explains how to choose a partner visa lawyer in Australia, the difference between a migration agent and an immigration lawyer, and how much an immigration lawyer costs in Australia. Couples who have already lodged their own application can read about hiring an immigration lawyer after lodgement, getting a second opinion or changing immigration lawyer.

Consultations are held by video, and My Migration Lawyers acts in complex partner visa matters across Australia, including for clients of our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. For other visa matters, the firm's immigration lawyers act for clients in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta.

The firm cannot promise any outcome. What a complex partner visa lawyer at My Migration Lawyers can do is make sure that every legal issue in the file is identified before lodgement, that each criterion and waiver is addressed with the right evidence, and that no deadline is missed.

Book a Consultation with My Migration Lawyers to have a complex partner visa lawyer review your file before you lodge, or as soon as a problem arises. You can also call 1300 040 300.