Partner Visa Lawyer Consultation: What to Expect

What is a partner visa lawyer consultation?

A partner visa lawyer consultation is a paid advice meeting in which a lawyer reviews a couple's circumstances, identifies the correct partner visa pathway and the main legal risks, and explains what the firm would do on the matter and on what terms. At My Migration Lawyers, every partner visa lawyer consultation is held by video, so the Australian partner and the applicant can join from different cities or different countries.

The purpose of a partner visa lawyer consultation is not to fill in forms. It is to decide whether an application can be made at all, which visa should be applied for, when it should be lodged and what could go wrong. Those decisions are made before any government charge is paid. A couple who leaves the meeting with clear answers to those four questions has received the value of the consultation, whether or not they go on to engage the firm.

This guide explains what happens in a partner visa lawyer consultation at My Migration Lawyers: how to request one, what to have ready, the questions the lawyer will ask, the issues the meeting is designed to catch, the advice you should leave with, and what happens next. 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 are still deciding which questions to put to a lawyer can read the separate guide to booking an immigration lawyer consultation, which deals with consultations across all visa types.

Who this guide is for

This guide is written for three groups. The first is couples in Australia who want to apply for the combined onshore Subclass 820 and Subclass 801 partner visa and want advice before they lodge. The second is Australian citizens and permanent residents whose partner is overseas and who are considering the Subclass 309 and Subclass 100 partner visa or the Subclass 300 prospective marriage visa. The third is couples who have already lodged, received a difficult letter from the Department or been refused, and who need advice quickly.

Each group gets something different from a partner visa lawyer consultation. A couple with a clean visa history and a long period of living together may need confirmation that the file is ready and a plan for the evidence. A couple where the applicant is on a bridging visa after a refusal may need to know whether a valid onshore application is possible at all. A couple holding a refusal decision needs to know who must apply for review, by what date, and whether review or a fresh application is the better course.

What the consultation is not

A partner visa lawyer consultation is not a guarantee of a visa, and no lawyer can give one. The decision belongs to the Department of Home Affairs and, on review, to the Administrative Review Tribunal. It is also not the place where the lawyer writes the couple's relationship statement. The relationship statement and any Form 888 statements are the people's own evidence. The lawyer's role is to advise on the law, identify risks and later review the evidence for gaps and inconsistencies. Couples weighing whether they need a lawyer at all can read whether a partner visa lawyer is worth it compared with doing it yourself.

Why a partner visa lawyer consultation should come before lodgement

A partner visa lawyer consultation should come before lodgement because the most serious problems in a partner visa are decided on the day the application is made, and many of them cannot be corrected afterwards. Validity, Schedule 3 exposure and the accuracy of the information in the forms are all fixed at that point.

The partner visa is a heavily evidenced application, but evidence is not where most irreversible mistakes are made. Relationship evidence can usually be added during processing. The legal settings cannot. An application lodged by a person who could not validly apply onshore is not a valid application. An application lodged with an undisclosed previous marriage can later be treated as containing false or misleading information. An application lodged after the applicant's visa expired engages criteria that a timely application would have avoided. A partner visa lawyer consultation is the point at which those settings are checked.

Problems that cannot be fixed after lodgement

Some issues are tested only at the time of application. Under section 48 of the Migration Act 1958, a person in Australia who does not hold a substantive visa and has had a visa refused or cancelled since last entering Australia can apply onshore only for limited visas. The partner visa is one of them, but the applicant must also lodge two statutory declarations from Australian citizens, Australian permanent residents or eligible New Zealand citizens, made no more than 6 weeks before lodgement, under Schedule 1 item 1124B(3)(e)(iii) of the Migration Regulations 1994. Form 888 statements do not satisfy that rule. A partner visa lawyer consultation identifies whether section 48 applies before the couple prepares anything. The guide to applying for a partner visa after a visa refusal explains the wider strategy for applicants with a refusal history.

Problems that change the pathway

Other issues change the pathway rather than the paperwork. An applicant whose visitor visa carries condition 8503 cannot make a further substantive visa application in Australia unless the condition is waived. An applicant without a substantive visa at lodgement faces the Schedule 3 criteria, which can be waived only for compelling reasons. A sponsor who has already sponsored a partner may be affected by the sponsorship limitation in regulation 1.20J. Each of these is a reason to have a partner visa lawyer consultation before the couple chooses between an onshore and an offshore application, and before money is spent on the government charge.

How to request a partner visa lawyer consultation with My Migration Lawyers

A partner visa lawyer consultation with My Migration Lawyers is requested through the firm's Book a Consultation form, and the firm then confirms the video consultation by email. The consultation is paid, and it is held by video so that couples anywhere in Australia, or with one partner overseas, can attend.

The consultation request form

The request form asks for the basic facts the firm needs before the meeting: who the applicant is, where each partner lives, what visa the applicant currently holds, and what the couple wants to achieve. It also asks whether there is a refusal decision or a deadline. Accurate answers in the form make the partner visa lawyer consultation more useful, because the lawyer can prepare for the issues that matter instead of spending the first part of the meeting finding them.

If the form shows a refusal decision, the firm treats the request as urgent. The review deadline for a refused partner visa is short and cannot be extended, so a refused applicant should say so clearly in the form and give the date the decision was received.

Paid consultation, held by video

My Migration Lawyers holds every partner visa lawyer consultation by video. The couple does not need to travel to an office, and the Australian partner can attend from work or home while the applicant joins from another location. Migration law is Commonwealth law and applies in the same way across Australia, so the advice does not depend on the state where the couple lives. The firm acts for couples Australia-wide, including clients of its partner visa lawyers in Sydney and partner visa lawyers in Melbourne.

The consultation is a paid professional service. That is deliberate. A paid partner visa lawyer consultation means the meeting is advice on the couple's actual facts, given by a lawyer who has prepared for it, not a general sales conversation. Information about how firms structure their charges is in the guides to immigration lawyer fees in Australia and partner visa lawyers, fees and how to choose.

Who should attend

Both partners should attend the partner visa lawyer consultation where they can. The sponsor and the applicant each hold facts the lawyer needs, and each of them will later sign declarations in the application. Where the applicant is overseas, the Australian partner usually requests the consultation and becomes the firm's client, and the applicant joins the video call if possible. If one partner cannot attend, the meeting can still go ahead. The lawyer will identify which facts must later be confirmed by the partner who was absent.

A family member can join if the couple wishes, but the lawyer will want to hear the facts from the partners themselves. The relationship is theirs, and so is the evidence. Couples who live far apart should read how the firm works as partner visa lawyers in Australia across cities and time zones.

What to have ready for a partner visa lawyer consultation

For a partner visa lawyer consultation, have ready each partner's passport, the applicant's current visa grant if a visa is held, the marriage certificate if the couple is married, a short timeline of the relationship, and any refusal letter or recent letter from the Department. Those documents allow the lawyer to confirm identity, visa status, relationship status and deadlines during the meeting.

A full evidence file is not needed. The partner visa lawyer consultation is about the legal position, not about sorting through years of bank statements and photographs. That work comes later, during onboarding, when the firm gives the couple a document checklist for their own facts.

Passports and identity

Have each partner's current passport available, or a clear copy of the photo page. The lawyer uses it to confirm full names, dates of birth and nationality. If either partner has changed their name, has used a different spelling in earlier applications, or holds more than one citizenship, mention it in the partner visa lawyer consultation. Identity inconsistencies across applications are a common source of later difficulty, and they are much easier to deal with when they are known from the start. The Form 80 guide explains why personal particulars must be consistent across every form.

The Australian partner should also have evidence of their own status: an Australian passport, a citizenship certificate, or details of their permanent visa. Eligible New Zealand citizens should mention that status, because it affects sponsorship.

The applicant's current visa grant, if one is held

If the applicant is in Australia and currently holds a visa, have the current visa grant notice or the visa details available. The lawyer needs to know the visa subclass, the expiry date and the conditions attached to it. A visitor visa with condition 8503, a student visa close to expiry and a bridging visa granted after a refusal each lead to very different advice in the partner visa lawyer consultation.

Only the current grant is useful here. The couple does not need to search for grant notices of visas that expired years ago. The firm checks visa history through its own channels.

Marriage certificate or relationship details

If the couple is married, have the marriage certificate ready, and an English translation if it is not in English. If the couple is in a de facto relationship, have the date they started living together and the addresses they have shared. If they plan to marry, have the intended date and place. The lawyer uses these facts to decide whether the relationship is a married relationship, a de facto relationship or an engagement for the purposes of the visa, and whether the 12-month de facto rule or a recognised exception applies.

If either partner was previously married, have the date of the divorce, and the divorce document if it is easily available. A previous marriage that was not finally dissolved before a new marriage can affect whether the new marriage is valid.

A short relationship timeline

Write a one-page timeline before the partner visa lawyer consultation. It should record when and how the couple met, when the relationship became committed, when they began living together, when they married or became engaged, and any periods when they lived apart and why. Dates do not need to be exact to the day, but they should be as accurate as the couple can make them.

The timeline is not the relationship statement. It is a working note for the meeting. It helps the lawyer see the shape of the relationship quickly and identify points the Department is likely to examine, such as a short courtship, a large age difference, periods of living in different countries or a relationship that began while one partner was in another relationship. The guide on preparing evidence of a genuine relationship explains how those points are later dealt with in the evidence.

Any refusal letter or Department correspondence

If the applicant has received a refusal decision, a cancellation decision, a request for information or a natural justice letter, have it ready for the partner visa lawyer consultation. A refusal letter states the date of the decision and the review rights, and it usually attaches or refers to the decision record. A section 56 request for more information or a section 57 natural justice letter states a response period. In each case the date matters as much as the content.

What you do not need to find

Couples do not need to find old bridging visa grant notices, copies of earlier visa application forms, old Tribunal applications or previous passports that are no longer held. People do not usually keep those documents, and the partner visa lawyer consultation does not depend on them. My Migration Lawyers obtains the applicant's visa and immigration history itself, through the Department's records and the appropriate checks, once it is engaged. What the firm needs from the couple is what they actually hold and can produce easily.

What happens during a partner visa lawyer consultation

During a partner visa lawyer consultation, the lawyer confirms what the couple wants to achieve, gathers the facts that decide the pathway, analyses the legal risks, and then gives advice on the recommended visa, the timing, the main risks and the next steps. The meeting follows that order because advice given before the facts are known is not reliable.

Confirming the goal

The partner visa lawyer consultation begins with the couple's objective. Most couples want the applicant to obtain permanent residence through the partner pathway, but the immediate objective varies. Some need the applicant to remain lawfully in Australia. Some need to know whether the applicant can travel during processing. Some want the applicant to come to Australia from overseas as soon as possible. Some hold a refusal decision and need to protect their review rights. The lawyer needs to know which of these matters most, because the advice on timing and pathway depends on it.

Gathering the facts

The lawyer then asks structured questions about the applicant's location and visa, the visa history since the last arrival, the relationship, the sponsor, any children, and character and health matters. The lawyer will ask follow-up questions where an answer raises an issue. A partner visa lawyer consultation can feel detailed, and that is the point. A short answer such as "no problems with visas" often hides a refused application, an expired visa or a visa condition that the couple did not know was significant.

Analysing the legal position

With the facts in hand, the lawyer works through the legal settings that decide whether and how the application can be made. Can the applicant validly apply onshore? Does section 48 apply? Is condition 8503 attached to the current visa? Will the applicant hold a substantive visa on the day of lodgement, or will Schedule 3 apply? Is the sponsor affected by the sponsorship limitation? Is the marriage valid in Australian law? Does the relationship meet the de facto requirements, or does an exception apply? The answers to these questions determine the recommended pathway.

Giving the advice

At the end of the partner visa lawyer consultation, the lawyer explains the recommended visa, when it should be lodged, the main risks and how they would be addressed, the government charge, and what My Migration Lawyers would do if engaged. The legal strategy is advised by the lawyer, with reasons. The couple then decides whether to engage the firm. If the advice is that the couple should not apply yet, or should apply on a different pathway, the lawyer will say so plainly.

Questions the lawyer will ask in a partner visa lawyer consultation

In a partner visa lawyer consultation, the lawyer will ask where the applicant is and what visa they hold, what has happened with visas since the applicant last arrived in Australia, how the relationship developed, the sponsor's history, whether there are children, and whether there are character or health matters. Honest and complete answers are the basis of reliable advice.

The questions below are grouped in the order a lawyer usually asks them. Knowing them in advance helps the couple prepare. It also explains why some questions are asked that may seem unrelated to the relationship.

Where is the applicant, and what visa do they hold today?

The first questions in a partner visa lawyer consultation establish the applicant's location and current visa. Is the applicant in Australia or overseas? If in Australia, what visa do they hold, when does it expire, and what conditions are attached? If the visa has expired, when did it expire? These facts decide whether an onshore application is possible and whether Schedule 3 will apply. The guide on whether the Subclass 820 visa can be applied for when a visa has a no further stay condition shows how much turns on the current visa.

What has happened with visas since the applicant last arrived?

The lawyer will ask whether any visa application has been refused, whether any visa has been cancelled, whether the applicant has held a bridging visa, and whether the applicant has left and re-entered Australia. The lawyer will also ask about earlier applications for any visa, including visitor visas, student visas and previous partner or prospective marriage visas. The couple should answer from memory as best they can. Exact dates and file numbers are not needed at this stage, because the firm verifies visa history itself once engaged.

How did the relationship develop?

The lawyer will ask how the couple met, when the relationship became committed, when they began living together, whether and when they married, and whether there have been periods apart. The lawyer may ask how the couple communicates, whether they share finances, how their families and friends see the relationship, and what their plans are. These questions track the four aspects of the relationship that the Department assesses: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. The guide on partner visa relationship evidence explains how each aspect is later evidenced.

What is the sponsor's history?

The lawyer will ask the Australian partner whether they have sponsored a partner before, whether they were themselves granted a visa as a partner, and when. The lawyer will also ask about any criminal history of the sponsor, because certain offences can affect a sponsorship. A partner visa lawyer consultation that skips the sponsor's history can miss the issue that decides the whole case. The firm's article on when a sponsor cannot sponsor a partner visa explains these limits.

Are there children or other family members?

The lawyer will ask whether either partner has children, whether there are children of the relationship, where those children live, and whether any child will be included in the application. Children affect who is included, what documents are needed and, in some cases, whether compelling reasons exist for a waiver.

Are there character or health matters?

The lawyer will ask about criminal charges or convictions in any country and about health matters that may be relevant to the health requirement. These questions are uncomfortable for some people. They are asked because the answers affect the application. Information given to the Department must be true and complete, and an omission can later create a more serious problem than the fact that was left out. The safest place to disclose a difficult fact is the partner visa lawyer consultation, where it can be discussed in confidence and advised on properly.

Issues the consultation is designed to catch early

A partner visa lawyer consultation is designed to catch, before lodgement, the issues that most often cause invalid applications, refusals or long delays: section 48, Schedule 3, condition 8503, the sponsorship limitation, previous relationships and divorces, inconsistent earlier applications, and character documents. Each one changes what the couple should do next.

Section 48 and the two statutory declarations

Where the applicant is in Australia without a substantive visa and has had a visa refused or cancelled since last entering, section 48 limits what can be applied for onshore. The partner visa remains available, but the applicant must lodge two statutory declarations with the application, each made by an eligible person within 6 weeks before lodgement. A partner visa lawyer consultation identifies this before the couple asks anyone to make a declaration. Lodging without them means the application is not valid, and validity cannot be repaired afterwards.

Schedule 3

Where the applicant will not hold a substantive visa on the day of lodgement, the Schedule 3 criteria apply. They can be waived only where there are compelling reasons. The lawyer will want to know when the last substantive visa expired, why the applicant did not apply earlier, how long the relationship has lasted and whether there are children. Those facts shape a waiver request. The firm's Schedule 3 waiver service and the guide to the Schedule 3 partner visa waiver explain how the request is made.

Condition 8503

Many visitor visas carry condition 8503, No Further Stay. While it applies, the holder cannot make a valid application for most further substantive visas in Australia unless the condition is waived. A couple who has married or formed a relationship while the applicant is on a visitor visa needs to know this before lodging. The partner visa lawyer consultation checks the current grant for the condition and advises on the waiver request or on the alternative of applying offshore. The guide on moving from a tourist visa to a partner visa in Australia sets out the checks.

The sponsorship limitation

Under regulation 1.20J, a sponsor can generally sponsor no more than two partners in a lifetime, and not within five years of an earlier sponsorship, subject to compelling circumstances. A person who was themselves granted a partner visa may also be affected. A partner visa lawyer consultation asks about previous sponsorships for this reason. If the limitation applies, the couple needs advice on compelling circumstances before the application is lodged.

Previous relationships and divorces

Previous marriages, de facto relationships and divorces must be disclosed. The lawyer checks whether a previous marriage was finally dissolved before the current marriage took place, because that affects whether the current marriage is valid. Where the marriage may not be valid, the relationship may still be assessed as a de facto relationship, but the requirements are different. A partner visa lawyer consultation identifies these issues so that the application states the relationship correctly.

Earlier applications and consistency

Information in earlier visa applications can be compared with the new one. An earlier visitor visa application that stated a different marital status, a different employment history or a different name spelling may raise questions about false or misleading information. The lawyer asks about earlier applications because the firm will later compare them with the new forms. The guide on why partner visas get refused explains how the integrity criterion can lead to refusal.

Police certificates and character

Police certificates are generally required from each country where the applicant has lived for 12 months or more in the last 10 years since turning 16. The partner visa lawyer consultation identifies which countries are involved, so that certificates are requested in time and do not expire before a decision is made. Where there is a criminal record, the lawyer will advise on how it affects the application.

Government charges for a partner visa as at October 2026

At a partner visa lawyer consultation, the lawyer explains that, as at October 2026, the partner visa application charge starts 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, whether the onshore Subclass 820 and 801 or the offshore Subclass 309 and 100.

The charge is set by the Department of Home Affairs and is reviewed each 1 July. The Department's page also states that, from 1 July 2026, a lower charge applies to eligible Pacific Island and Timor-Leste citizens. Couples in that group should check the current figure on the Department's page before lodgement. The charge is paid to the Department at lodgement and is separate from any professional fee. The guide to how much a Subclass 820 partner visa costs explains the charge in more detail.

Other costs are also paid by the couple directly: police certificates, health examinations, translations and biometrics where requested. The amounts vary, and the lawyer will identify which of them apply to the couple's facts. Documents that are not in English need English translations. Translations made in Australia should be done by a translator certified by NAATI.

The firm's professional fee

My Migration Lawyers charges fixed professional fees under a written costs agreement. The fee for each stage is set out in that agreement before work begins. The partner visa lawyer consultation is where the scope of the work is identified, so that the costs agreement matches the actual file. The guide to fixed-fee immigration lawyers explains what a fixed-fee scope should include.

The advice you should leave a partner visa lawyer consultation with

You should leave a partner visa lawyer consultation knowing which visa to apply for, whether it can be lodged onshore or must be lodged offshore, when it should be lodged, what the main legal risks are and how they would be dealt with, what the government charge is, and what the firm would do if engaged. If any of those points is unclear at the end of the meeting, ask the lawyer to explain it again before the call ends.

A useful way to test the advice is to write it down in six lines.

• The visa. Which subclass, and whether the application is onshore or offshore.
• Validity. Whether the applicant can make a valid application now, and if not, why not.
• Timing. When the application should be lodged, and any date that must not be missed, such as the expiry of a current visa or a response deadline.
• Risks. The main legal risks in the file, such as Schedule 3, condition 8503, section 48, the sponsorship limitation or a previous relationship.
• Charges. The government charge as at the date of advice.
• Next steps. What happens if the couple engages the firm, and in what order.

A partner visa lawyer consultation that produces those six answers has done its job. If the advice is that the couple should wait, for example because a de facto relationship has not yet reached 12 months and no exception applies, the advice should say what the couple should do while they wait and when they should return.

Advice that is specific to your facts

The advice from a partner visa lawyer consultation should refer to the couple's own facts and to the rule that applies to them. "Your current visa carries condition 8503, so a waiver must be granted before an onshore application can be validly made" is advice. "Partner visas are complicated" is not. Couples who feel they have received general information rather than advice on their facts can ask the lawyer to apply it to their situation. The guide on getting a second opinion from an immigration lawyer explains how to judge advice already received elsewhere.

What the lawyer will not tell you

No lawyer can tell a couple that the visa will be granted. The lawyer can explain the requirements, the evidence that addresses them and the risks that remain. A partner visa lawyer consultation that ends with a promise of approval should make the couple cautious. The guide on how to choose a partner visa lawyer in Australia explains what to look for instead.

Partner visa lawyer consultation after a refusal

A partner visa lawyer consultation after a refusal must happen quickly, because 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, and that time cannot be extended. The deadline is 7 days if the applicant is in immigration detention.

The 28-day limit is in subsection 347(3) of the Migration Act 1958. A late application is not properly made, and the Tribunal has no jurisdiction to hear it. That is why a refused applicant should request a partner visa lawyer consultation as soon as the decision arrives, and should state the date of notification in the request form. The firm's partner visa refusals service and the guide to partner visa refusal appeal options explain the review pathway.

Who applies for review

For an onshore Subclass 820 and 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) of the Migration Act. In a partner visa lawyer consultation after a refusal, the lawyer confirms who must apply, by what date and with what fee.

The ART fee 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. The Tribunal refunds 50% of the fee paid if the decision is set aside or varied, or the matter is remitted to the Department. The guide to what to expect at an ART review after a visa refusal explains the process after lodgement.

What to have ready after a refusal

For a partner visa lawyer consultation after a refusal, have the refusal letter and the decision record, the date the decision was received, and the applicant's current bridging visa details if one is held. The lawyer reads the reasons for refusal, identifies the findings that decided the case and advises whether review, a fresh application or both should be considered. The guide on when you need a visa appeal lawyer and the firm's visa refusals page cover other visa types as well.

Partner visa lawyer consultation when the applicant is overseas

When the applicant is overseas, the partner visa lawyer consultation is usually requested by the Australian partner, who becomes the firm's client, and the applicant joins the video call where possible. The offshore application is lodged online like any other partner visa application. Nobody lodges a paper application from overseas.

The issues discussed in this partner visa lawyer consultation are slightly different. The lawyer will ask how often the Australian partner has visited, how the couple communicates when apart, whether they have lived together and where, and whether the applicant intends to visit Australia during processing. The lawyer will also discuss whether a Subclass 309 partner visa or a Subclass 300 prospective marriage visa better fits the couple's plans, and what the Australian partner's role as sponsor involves.

If the couple has considered bringing the applicant to Australia on a visitor visa and applying onshore, the partner visa lawyer consultation is the place to test that plan. A visitor visa may carry condition 8503, and entering Australia with an intention that differs from the purpose of the visa can raise other concerns. The lawyer will explain the options before any travel is booked.

What happens after a partner visa lawyer consultation

After a partner visa lawyer consultation, if the couple decides to engage My Migration Lawyers, the firm sends a written costs agreement with fixed fees, and once it is signed the matter moves into onboarding: written advice, a document checklist for the couple's own facts, the Form 956 appointment, a check of the applicant's visa history, the evidence review and lodgement.

The costs agreement

The costs agreement sets out the scope of the work, the fixed professional fee for each stage, what is excluded, and the government charges and other costs that are paid separately. It is signed before substantive work starts. The couple should read it carefully and ask about anything that is unclear. A costs agreement that matches the partner visa lawyer consultation is one that names the same pathway and the same risks the lawyer identified in the meeting.

Written advice and the document checklist

Once engaged, the firm confirms its advice in writing and gives the couple a document checklist tailored to their facts. The checklist asks for documents the couple can realistically produce, such as identity documents, relationship evidence, police certificates and translations. It does not ask for old immigration documents the couple does not keep. The partner visa document checklist and the 820 partner visa evidence checklist explain the categories of evidence in general terms.

Form 956 and visa history

The firm is appointed as the couple's representative using Form 956. From that point, the Department generally sends written communication about the application to the firm. The firm then obtains the applicant's visa history through the Department's records and the appropriate checks, so that the information in the new application can be compared with earlier applications before anything is lodged.

Evidence review

The relationship statement and any Form 888 statements are the people's own evidence. The couple writes the relationship statement in their own words, and their witnesses complete their own Form 888 statements. The firm reviews the drafts against the four aspects of the relationship, identifies gaps and inconsistencies with the forms and the documents, and the people correct and confirm their own words.

Lodgement and processing

The firm prepares the application in ImmiAccount, sends it to the couple to check, and lodges it once they confirm. Validity requirements are checked before lodgement. During processing, the firm explains each letter from the Department, prepares responses to requests for information and advises the couple on notifying changes in their circumstances using Form 1022. For an onshore application, the firm also explains the applicant's bridging visa position and any work rights while the Subclass 820 is processed.

How to get the most from the meeting

To get the most from a partner visa lawyer consultation, complete the request form accurately, have the core documents ready, answer every question fully, make sure both partners can give their account, and write the advice down at the end. These steps take little time and make the meeting far more useful.

Be complete, even about difficult facts

Tell the lawyer about every refusal, cancellation, previous relationship, sponsorship and criminal matter, even if it seems old or minor. A partner visa lawyer consultation is only as good as the facts it is based on. A lawyer who does not know about a previous refusal cannot advise on section 48. A lawyer who does not know about an earlier sponsorship cannot advise on regulation 1.20J.

Let both partners speak

Each partner should give their own account of the relationship. The Department compares the accounts of the applicant and the sponsor, and so does the Tribunal on review. A partner visa lawyer consultation in which both partners speak allows the lawyer to identify differences in recollection early, so that they can be clarified in the couple's own evidence rather than discovered by a case officer.

Ask about anything you do not understand

If the lawyer uses a term the couple does not understand, ask for an explanation. Words such as "substantive visa", "validity" and "compelling reasons" have specific legal meanings. A partner visa lawyer consultation is the right time to understand them, because they decide what the couple must do next.

Keep the timeline and the advice together

After the meeting, keep the relationship timeline and the notes of the advice together. If the couple engages the firm, the written advice will follow. If the couple does not engage the firm immediately, the notes will help them act on the advice later. Couples who are comparing firms can read how to choose Australian migration lawyers and the factual comparison in partner visa: migration agent or lawyer, and what differs.

Advice on a partner visa application already lodged

A partner visa lawyer consultation for an application already lodged focuses on what is in the lodged application, what the Department has asked for, and whether anything in the file needs to be corrected or explained. Couples who lodged themselves often seek advice after a request for more information, a natural justice letter or a long period without news.

For this kind of partner visa lawyer consultation, have the ImmiAccount reference, any letters from the Department and the dates on them. The lawyer will advise on whether the firm can take over the matter, what it would review first and how the response deadlines would be met. The guides on hiring an immigration lawyer after lodging your own application and how to change your immigration lawyer in Australia explain the practical steps. Where a relationship has broken down after lodgement, the lawyer will also explain what happens to a Subclass 820 application after a relationship breakdown, and whether the family violence provisions may be relevant.

What Tribunal decisions show about issues to catch before lodgement

Tribunal decisions show that the same issues a partner visa lawyer consultation is designed to catch early, such as undisclosed previous relationships, earlier applications, the sponsorship limitation, the sponsor's history, marriage validity, Schedule 3 and missing police certificates, regularly decide partner visa cases on review. Each decision below was remitted, which means the Tribunal sent the matter back to the Department to reconsider with the Tribunal's directions or findings. A remittal is not a visa grant. The descriptions record only the issues reported in each decision's headnote, and the headnotes do not state the nationality of the parties.

• PALASIT (MIGRATION) [2026] ARTA 1914, Subclass 820: the reported issues were false or misleading information, a previous relationship not declared, an element of fraud or deception, and the discretion to waive the criterion.
• 2107016 (Migration) [2022] AATA 2250, Subclass 820: the reported issues included that the parties provided false or misleading information, and that the applicants failed to disclose details of a previous relationship and a Subclass 300 visa application.
• Tipong (Migration) [2019] AATA 5652, Subclass 309: the reported issues were identity, previous visitor visa applications using different identity details and documents, and previous documents issued with wrong details.
• Promthong (Migration) [2024] AATA 2472, Subclass 820: the reported issue was the sponsorship limitation, where the prior sponsorship was approved within 5 years of the time of the primary decision.
• 2120175 (Migration) [2024] AATA 540, Subclass 820: the reported issues were the sponsorship limitation requirement, a sponsor convicted of a relevant offence, the length of the relationship and the time since completing the sentence.
• Najem (Migration) [2026] ARTA 575, Subclass 309: the reported issues were a genuine and continuing relationship, a marriage in the home country before the divorce of the sponsor's first marriage was finalised, the relationship being assessed as a de facto relationship, and the nature of commitment.
• Harpreet Singh (Migration) [2019] AATA 5689, Subclass 820: the reported issues were a Federal Circuit Court remittal, the Schedule 3 criteria, an application lodged outside the relevant timeframe, and compelling reasons for waiver.
• Parada (Migration) [2020] AATA 6058, Subclass 820: the reported issues were compelling reasons to waive the Schedule 3 criteria, a genuine de facto relationship for 12 months before the visa application, and work commitments that restricted joint residence.
• Sathandla Halli Vijayakumar (Migration) [2022] AATA 91, Subclass 820: the reported issues were a genuine and continuing relationship, insufficient information concerning the sponsor, the sponsorship declaration and a National Police Check.
• Cooperstein (Migration) [2018] AATA 2436, Subclass 820: the reported issues were that a police clearance certificate was not provided to the Department and was subsequently provided to the Tribunal.

These decisions do not decide what any lawyer must do in a particular case, and the result in each depended on its own facts. They show the kinds of issues that reach the Tribunal. Undisclosed previous relationships, earlier applications with different details, a sponsor's earlier sponsorship or offence, a marriage entered before a divorce was final, an application lodged after a visa expired and a police certificate that was never provided are all matters a partner visa lawyer consultation asks about before lodgement. Dealing with them at the start is far better than explaining them on review. The guide on why Subclass 820 visas are refused describes the common refusal grounds.

How My Migration Lawyers runs a partner visa lawyer consultation

My Migration Lawyers runs each partner visa lawyer consultation by video as a structured advice meeting: it prepares from the request form, gathers the facts that decide validity and pathway, tests them against the rules that most often cause refusals, and gives the couple clear advice on the visa, the timing, the risks and the next steps. The firm deals with complex partner visa cases as a regular part of its practice, acts in many partner visa matters that begin with exactly this kind of consultation, including matters involving section 48, Schedule 3, condition 8503, the sponsorship limitation, previous relationships and refusals, and is capable of handling those matters from the first meeting to the final decision.

On a partner visa matter, the firm follows a set sequence from the first contact.

• Request review. The firm reads the consultation request form before the meeting and flags any deadline, such as a refusal decision, a visa expiry or a response period, so that urgent matters are dealt with first.
• Video consultation. The lawyer confirms the couple's goal, asks about the applicant's location and current visa, the visa history since the last arrival, the relationship, the sponsor's history, children, and character and health matters.
• Legal analysis in the meeting. The lawyer checks section 48, condition 8503, Schedule 3, the sponsorship limitation, marriage validity and the de facto requirements against the couple's facts, and explains the result.
• Advice on pathway and timing. The lawyer advises which visa to apply for, whether it should be lodged onshore or offshore, when it should be lodged, the main risks, and the government charge as at the date of advice.
• Costs agreement. If the couple decides to proceed, the firm sends a written costs agreement with fixed professional fees for each stage, separate from the government charge.
• Onboarding. Once the agreement is signed, the firm confirms its advice in writing, gives the couple a document checklist for their own facts, arranges the Form 956 appointment and obtains the applicant's visa history itself.
• Evidence review and lodgement. The relationship statement and Form 888 statements are the people's own evidence. The firm reviews them for gaps and inconsistencies, the people correct and confirm their own words, and the firm lodges the application once validity has been checked and the couple has confirmed the forms.

Weiwei Zhang, Principal Lawyer, leads the firm's partner visa practice. You can read more about My Migration Lawyers, see the firm's partner visa lawyers service, and read the guides on what partner visa lawyers do and when an immigration lawyer is needed for a partner visa. Couples in same-sex relationships can also read about the firm's LGBTI partner visa work, and applicants whose visa has been cancelled can see the visa cancellations page.

Every partner visa lawyer consultation is held by video, and My Migration Lawyers acts for couples across Australia, including through its partner visa lawyers in Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta, and its immigration lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Couples comparing firms in their own city can also read the guides to choosing a partner visa lawyer in Sydney, Melbourne, Brisbane and Perth.

The firm cannot promise any outcome. What a partner visa lawyer consultation with My Migration Lawyers gives a couple is a clear view of where they stand, what could go wrong and what should happen next, before the government charge is paid and before anything is lodged.

Book a Consultation with My Migration Lawyers to arrange your partner visa lawyer consultation by video. You can also call 1300 040 300.