Partner Visa Lawyer Costs Agreement: What It Should Cover

What is a partner visa lawyer costs agreement?

A partner visa lawyer costs agreement is the written agreement between a client and a law practice that sets out the legal work the lawyer will do on a partner visa matter, how the legal costs are calculated, what each stage costs, what is excluded and when payment is due. It is a contract. Once it is made, it governs the relationship between the client and the firm for the whole matter, from the first document review to the decision.

A partner visa lawyer costs agreement matters because a partner visa is not one task. It is a series of stages that can run for years. There is preparation and lodgement, a processing period in which the Department may ask for more information or put adverse information to the applicant, a second stage for the permanent visa, and, if something goes wrong, a review at the Administrative Review Tribunal. A costs agreement that says only "partner visa, fixed fee" does not tell the client which of those stages the fee covers. This article explains what the law requires, what a well-drafted partner visa lawyer costs agreement should cover, and how My Migration Lawyers sets up its own agreements with clients.

This is a commercial article written by a law firm. It does not explain the whole of partner visa law. For that, read the complete guide to partner visas in Australia. For the firm's partner visa service itself, see our partner visa lawyers page.

The short answer

A partner visa lawyer costs agreement should do five things. It should name the visa pathway and the people the firm acts for. It should list the work in each stage. It should state the fixed fee, or the basis of calculation, for each stage. It should separate legal fees from government charges and other third-party costs. And it should state what is not included, how the agreement can end and what is payable if it does. If a costs agreement does those five things clearly, the client can compare it with other quotes and knows what to expect.

Costs disclosure and the costs agreement are different things

Costs disclosure and a costs agreement are related but different. Costs disclosure is the information a law practice must give the client about legal costs and the client's rights. The costs agreement is the contract that fixes the terms. In practice, most firms put the disclosure and the agreement in one document, or send them together, so the client reads both before signing. A single document containing both the disclosure and the agreement is common and lawful, provided every required item is there and is written clearly.

The general position on fees for immigration lawyers is covered in our article on how much an immigration lawyer costs in Australia. The partner-specific position on quotes is in our partner visa lawyers fees guide. This article goes one step further and looks at the document itself: what the partner visa lawyer costs agreement should say, clause by clause.

What does the law require before a partner visa lawyer starts work?

Before a partner visa lawyer starts work, the law practice must give the client written costs disclosure, and it should make a written costs agreement. In New South Wales, Victoria and Western Australia, these obligations are in Part 4.3 of the Legal Profession Uniform Law. Other states and territories have their own legal profession legislation with disclosure and costs agreement rules to similar effect.

These rules apply because an Australian lawyer who gives immigration assistance is a legal practitioner first. The lawyer's fees are regulated by the legal profession law of the state in which the lawyer practises, in addition to the rules in the Migration Act 1958 about who may give immigration assistance. That is one of the factual differences between lawyers and registered migration agents, explained in our article on migration agents and immigration lawyers and in the partner-specific comparison of a migration agent or a lawyer for a partner visa.

Costs disclosure under section 174 of the Legal Profession Uniform Law

Section 174 of the Legal Profession Uniform Law requires a law practice to disclose, in writing, the basis on which legal costs will be calculated and an estimate of the total legal costs. The disclosure must be given before the law practice is retained, or as soon as practicable after. The Legal Practice Board of Western Australia describes the obligation as providing "an estimate of the total legal costs payable in the matter and the basis on which costs will be charged in writing".

For a partner visa, the basis of calculation is usually a fixed fee for each stage. An hourly rate is also lawful, but it makes the total harder to predict. Where the fee is fixed, the estimate of total legal costs is simply the sum of the fixed fees for the stages in the partner visa lawyer costs agreement, and the disclosure should say which stages that total includes. If review at the Tribunal is not included, the estimate should say so, because a client reading a single total will otherwise assume it covers everything.

Disclosure thresholds under the Uniform Law

The regulators explain that the Uniform Law sets cost thresholds that decide how much written disclosure is required. Below the lowest threshold, written disclosure may be given but is not required. In a middle band, the law practice may use a standard short form of disclosure. Above the higher threshold, full written disclosure is required. A partner visa matter handled by a lawyer from start to finish usually calls for full written disclosure, so the client should expect a complete written disclosure with the partner visa lawyer costs agreement.

The client rights the disclosure must explain

The disclosure must tell the client about their rights. According to the Legal Practice Board of Western Australia, section 174 requires the client to be told of the right to negotiate a costs agreement, the right to negotiate the billing method, and the right to receive a bill and to request an itemised bill. The Legal Services Council's consumer information sheet adds that the lawyer must keep the client informed about significant changes in total legal costs.

Section 179 gives a client the right to a negotiated costs agreement. In practice, most partner visa clients are offered the firm's standard agreement and sign it. The right to negotiate still matters. A client may ask for a stage to be removed, for the order of payments to change, or for an exclusion to be explained. A good firm will explain why a term is there, even if it does not change it.

What happens if costs disclosure is not given properly

If a law practice does not comply with its disclosure obligations, the costs agreement can become void. The Legal Practice Board of Western Australia states that a failure to meet the costs disclosure obligations "may render any associated costs agreements void", and notes a rule that allows validity to be preserved where the practice took reasonable steps and corrected the problem within 14 days. The Legal Services Council's consumer sheet describes the same consequence where there is a substantial contravention. For a client, the practical point is simple: a partner visa lawyer costs agreement without proper disclosure is not a sound basis for either side.

Which state's law applies

The legal profession law that applies is generally the law of the jurisdiction connected with the matter, usually where the law practice primarily practises or where the client lives. My Migration Lawyers is based in Sydney, so its costs agreements are made under the Legal Profession Uniform Law as it applies in New South Wales, whether the client lives in Sydney, Perth or overseas. A client can check which law applies by reading the disclosure. It should name the regulator to whom a complaint can be made.

How is a partner visa lawyer costs agreement made?

A partner visa lawyer costs agreement is made in writing, or is evidenced in writing, and it can be formed by a written offer that the client accepts in writing or by conduct. The Legal Services Council's information sheet for practitioners summarises the rules in sections 180 to 185 of the Uniform Law, and those rules shape how every lawful costs agreement is formed.

Written or evidenced in writing

Section 180 provides that a costs agreement must be written or evidenced in writing, and may consist of a written offer and its acceptance, or be accepted by other conduct. For a partner visa, the usual method is a written agreement sent by email and signed electronically by the client. Signing electronically is lawful and convenient, and it means couples in different cities, or a sponsor in Australia and an applicant overseas, can both sign without meeting in person. The firm's approach to remote work is explained in our article on the immigration lawyer consultation.

Why the agreement should be signed before work starts

The Uniform Law allows a costs agreement to be made before, or as soon as practicable after, the lawyer starts work. For a partner visa, it is better practice for the partner visa lawyer costs agreement to be signed before any substantive work starts. The first piece of substantive work on a partner visa is usually a detailed review of the couple's facts and documents. If that review finds a problem, such as a Schedule 3 issue for an applicant without a substantive visa or a section 48 bar, both sides need to have already agreed what the advice costs and what happens next. Signing first protects the client from unexpected charges and protects the firm from doing unpaid work on a matter the client then takes elsewhere.

The initial consultation is a separate paid service. It is not one of the stages in the costs agreement. The consultation is where the lawyer hears the facts and gives initial advice on the pathway. The costs agreement covers the work that follows.

Costs assessment cannot be excluded

A costs agreement cannot take away a client's right to have legal costs assessed. The Legal Services Council states that the parties to a costs agreement cannot agree to opt out of the costs assessment process. A partner visa lawyer costs agreement that says the client gives up any right to dispute the fees, or that costs are not subject to assessment, would be inconsistent with the Uniform Law. The disclosure must also tell the client about the right to complain to the local regulator.

Enforceable as a contract

Section 184 provides that a costs agreement may be enforced in the same way as any other contract. This cuts both ways. The client can hold the firm to the scope and fees in the partner visa lawyer costs agreement, and the firm can hold the client to the payment terms. That is why the scope clause matters so much. A fixed fee for "the partner visa application" is enforceable only for the work the words describe.

Conditional costs agreements and the cooling-off period

A conditional costs agreement is one where some or all of the legal costs are payable only if the matter is successful. Under section 181, a conditional costs agreement has a cooling-off period of five business days. Section 183 prohibits contingency fees calculated by reference to the amount of an award or settlement. Partner visa costs agreements are almost always ordinary fixed-fee agreements, not conditional ones. A fee that does not depend on the visa being granted is not a conditional costs agreement, so the statutory cooling-off period for conditional agreements does not apply to it. A client who wants time to consider the agreement should simply take that time before signing. A reputable firm will not pressure a client to sign on the spot.

A lawyer cannot promise a visa grant, so a partner visa lawyer costs agreement should never be framed as "no visa, no fee" unless it is a properly made conditional costs agreement. Our article on choosing a partner visa lawyer in Australia explains why guarantees of outcome are a warning sign.

What should a partner visa lawyer costs agreement cover?

A partner visa lawyer costs agreement should cover the parties, the visa pathway, the scope of work for each stage, the fixed fee or basis of calculation for each stage, government charges and other third-party costs, exclusions, payment terms, how changes in circumstances are handled, termination, and the client's rights. Each item is explained below.

A checklist of what to look for in a partner visa lawyer costs agreement:

• The law practice's name and the name of the responsible principal.
• The client or clients: the applicant, the sponsor, or both.
• The visa pathway: Subclass 820 and Subclass 801, Subclass 309 and Subclass 100, or Subclass 300.
• The scope of work, set out stage by stage.
• The fee for each stage, or how it is calculated, and whether GST is included.
• The government charges and other third-party costs the client pays separately.
• The work that is excluded and how it would be charged if needed.
• When each stage is invoiced and when payment is due.
• How the agreement handles a change in facts, such as a new refusal, a relationship breakdown or family violence.
• How either side can end the agreement and what is payable if it ends early.
• The client's rights to negotiate, to receive a bill, to request an itemised bill, to seek costs assessment and to complain.

Our article on what a fixed-fee immigration lawyer quote should include gives a general version of this list. The sections below apply it to a partner visa.

The scope of work: what the partner visa lawyer is engaged to do

The scope clause is the most important part of a partner visa lawyer costs agreement because it defines exactly what the fixed fee pays for. Everything outside the scope is either excluded or charged separately. A scope clause that is vague favours whichever side wants to argue later. A precise one protects both.

The visa pathway should be named

The partner visa lawyer costs agreement should name the pathway by subclass. An onshore application is the combined Subclass 820 onshore partner visa and Subclass 801 application. An offshore application is the combined Subclass 309 offshore partner visa and Subclass 100 application. A fiance application is the Subclass 300 Prospective Marriage visa. The work, the risks and the stages are different for each, so a costs agreement that covers "a partner visa" without naming the subclass leaves room for argument. The difference between Subclass 820 and Subclass 801 is important here, because a fee for "the 820" may or may not include the permanent stage.

Who the client is

The agreement should also say who the firm acts for. In an onshore matter, the firm usually acts for both the applicant and the Australian sponsor. In an offshore matter, the firm's client is usually the Australian partner, the sponsor, who deals with the firm from Australia while the applicant's application is lodged online. The agreement should also say who is responsible for paying. If the sponsor pays the fees, that does not change who the firm acts for, and the agreement should make that clear.

The firm will also lodge a Form 956 appointing it as the migration representative. The costs agreement and the Form 956 work together. The costs agreement sets out the commercial terms. The Form 956 tells the Department who to correspond with.

What advice is included

A partner visa lawyer costs agreement should say what advice is included in the first stage. On a straightforward file, that is advice on eligibility, the pathway, the evidence and the risks. On a more complex file, the advice may need to deal with visa history issues such as condition 8503, section 48, Schedule 3 criteria 3001, 3003 and 3004, the sponsorship limitation in regulation 1.20J, character issues, or family violence. If a complex issue is already known at the consultation, the scope should mention it. If it emerges later, the agreement should say how it will be dealt with. Our pages on Schedule 3 waivers and applying with condition 8503 explain why these issues add work.

Who obtains the visa history

A good costs agreement should not make the client responsible for finding old immigration documents. Most people do not keep old bridging visa grant notices or copies of old application forms. A firm acting on a partner visa can obtain the client's Australian visa history itself through the Department's systems and records. The scope should say the firm will do this where it is relevant. The client's part is to provide what they can readily produce, such as passports, identity documents, the marriage certificate and relationship evidence.

Stages and fixed fees in a partner visa lawyer costs agreement

A well-drafted partner visa lawyer costs agreement divides the matter into stages and attaches a fixed fee to each stage, so the client pays for each stage as it is reached and knows in advance what the next stage costs. My Migration Lawyers charges fixed fees in stages under a written costs agreement. The typical stages in a partner visa matter are described below. Not every matter has every stage.

Stage 1: onboarding, letter of advice and document checklist

The first stage after the costs agreement is signed is usually onboarding. The lawyer reviews the facts and the documents the couple already has, confirms the pathway, checks the visa history, and gives written advice. The written advice is usually a letter of advice. It is followed by a document checklist that tells the couple exactly what they need to provide for their facts. The checklist should be specific to the couple, not a generic list copied from the Department's website. Our general partner visa document checklist and the onshore 820 partner visa evidence checklist show the kind of material involved.

The agreement should say whether the onboarding stage is a separate stage with its own fee. It usually is. This matters if the advice reveals that the client should not apply yet, or should apply on a different pathway. The client then pays only for the advice stage, and the rest of the agreement does not proceed until the client decides.

Stage 2: preparation and lodgement

The second stage is usually preparation and lodgement. The lawyer reviews the evidence for the four aspects of the relationship: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. The relationship statement and the Form 888 statements are the couple's own evidence and the witnesses' own evidence. The lawyer reviews them, identifies gaps and inconsistencies, and the people correct and confirm their own words. The lawyer also reviews the forms, including Form 80 personal particulars where it is needed, and lodges the application online through ImmiAccount.

The costs agreement should say how many rounds of review are included, or that review continues until the file is ready. It should also say who uploads the documents, and whether the firm prepares the sponsorship application as well as the visa application. For guidance on the evidence itself, see our article on how to prove a relationship is genuine.

Stage 3: processing, section 56 requests and section 57 letters

After lodgement, the application is processed. Processing can take a long time. Our articles on Subclass 820 processing times and how long an onshore partner visa takes explain why. During processing, the Department may send a section 56 request for more information. It may also send a section 57 letter, which puts adverse information to the applicant and invites comment before a decision is made.

A section 57 letter is one of the most important points in a partner visa matter. A strong response can address the concern before the decision. A weak response can lead to refusal. The partner visa lawyer costs agreement should say whether responding to section 56 requests and section 57 letters is included in the fixed fee for lodgement, or charged as a separate stage. Routine requests are often included. A substantial section 57 natural justice response involving new evidence and detailed submissions is often a separate stage. Either approach is reasonable if the agreement says which one applies.

Stage 4: the second stage, Subclass 801 or Subclass 100

The permanent stage is assessed some time after the temporary visa is granted. For an onshore application, that is the Subclass 801. For an offshore application, it is the Subclass 100. The second stage does not need a new application or a new government charge, because the charge paid at lodgement covers both stages. It does need up-to-date evidence that the relationship is continuing, and it can raise issues of its own if the relationship has ended, if there has been family violence, or if the sponsor has died.

A partner visa lawyer costs agreement should say whether the second stage is included. Some agreements include it in the original fee. Others treat it as a later stage with its own fixed fee, because the second stage may be two or more years away and the facts may have changed. If the second stage is not included, the agreement should say so plainly. A client who assumes the fee covers permanent residence and later finds it does not will feel misled, even if the agreement was technically clear.

Stage 5: review at the Administrative Review Tribunal

Review at the Administrative Review Tribunal is usually excluded from a partner visa lawyer costs agreement for the first application, and is dealt with in a new costs agreement if a refusal occurs. There are good reasons for this. A review is a different proceeding before a different decision maker, with its own deadlines, its own fee and its own hearing. The work depends on the reasons for the refusal, which cannot be known in advance.

The agreement should still deal with review in two ways. It should say that review is excluded, so the client knows. And it should say what the firm will do if a refusal arrives: for example, that the firm will tell the client of the decision immediately, explain the review deadline and provide a new costs agreement for review promptly. A partner visa refusal starts a 28-day review deadline, and the time it takes to sign a new agreement must fit within it.

Our partner visa refusals page and our article on what to expect at an ART review explain the review process. The firm's broader visa refusals service covers refusals of other visa types that may affect a partner application.

Government charges and disbursements are not legal fees

Government charges and third-party costs are not legal fees, and a partner visa lawyer costs agreement should list them separately so the client can see exactly what goes to the government, what goes to third parties and what goes to the law practice. Mixing them into one figure makes it impossible to compare quotes.

The partner visa application charge as at October 2026

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

The application charge is paid to the Department when the application is lodged. The costs agreement should say who pays it and when, and should make clear that it is not part of the firm's fee.

The ART fee as at October 2026

If a partner visa is refused and the decision is reviewed, the Administrative Review Tribunal fee 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. The Tribunal may reduce the fee by 50% for financial hardship, and it refunds 50% of the fee paid if the decision is set aside or varied or the matter is remitted to the Department. An agreement that mentions review should list the Tribunal fee separately from any legal fees for review.

Other third-party costs

Other costs are paid to third parties. They include police certificates, health examinations, translations of documents not in English, and biometrics where required. These are not legal fees, and the amounts vary by country and provider. A partner visa lawyer costs agreement should list them as costs the client pays directly, so that the client is not surprised when they arise. Documents not in English need English translations, and translations done in Australia should be by a NAATI-certified translator.

Some firms also charge disbursements, which are costs the law practice pays on the client's behalf and passes on. The agreement should say whether any disbursements are expected and how they are charged.

What exclusions should a partner visa lawyer costs agreement state?

A partner visa lawyer costs agreement should state the work that is excluded, so the client knows in advance which events would require a further agreement or fee. Exclusions are not a trick. They are what makes a fixed fee possible. A firm can only fix a fee for work it can define.

Common exclusions in a partner visa lawyer costs agreement include:

• Review at the Administrative Review Tribunal after a refusal.
• Applications for other visas, such as a bridging visa B to travel, unless included.
• Work arising from a visa cancellation. Our visa cancellations page explains this separate area.
• A family violence claim under Division 1.5 of the Migration Regulations 1994, which needs its own evidence and advice. See our family violence partner visa lawyers page.
• Applications for children who are added later.
• Work arising from character concerns, such as a notice of intention to consider refusal on character grounds.
• Ministerial intervention requests.
• Court proceedings.

The agreement should say how excluded work would be charged if it is needed: usually by a further written agreement with its own fixed fee. It should also say that the firm will tell the client before any excluded work is started. That is part of the duty to keep the client informed of significant changes in legal costs.

Exclusions that should not be hidden

Some matters are so likely to arise on a particular file that excluding them without comment would be unfair. If the applicant has no substantive visa, the Schedule 3 partner visa waiver submissions are part of the application, not an extra. If the applicant has a refusal history and section 48 applies, the two statutory declarations from Australian citizens, permanent residents or eligible New Zealand citizens required for validity are part of lodgement. A careful partner visa lawyer costs agreement prices the file the client actually has. Our article on applying after a visa refusal explains why these requirements matter.

Payment terms in a partner visa lawyer costs agreement

The payment terms in a partner visa lawyer costs agreement should state when each stage is invoiced, when payment is due, how payment is made and what happens if payment is late. With a staged fixed fee, the usual structure is that each stage is invoiced when the work in that stage is done or reaches an agreed point.

A client reading the payment terms should be able to answer three questions. How much is payable now? What triggers the next payment? What is the total if every stage in the agreement is reached? If the agreement does not answer those questions, the client should ask before signing.

The payment terms should also say whether the fees include GST. Legal fees for Australian clients generally attract GST. Government charges are separate. The agreement should be clear about which figures include GST and which do not.

Bills and itemised bills

A client is entitled to receive a bill. Under the Uniform Law, a client who receives a lump sum bill may request an itemised bill. The Legal Services Council's consumer information sheet states that the request can be made within 30 days of the bill becoming payable, that the itemised bill must be delivered within 21 days, and that no charge can be made for it. A fixed-fee partner visa lawyer costs agreement does not take away that right.

Changes in circumstances and variations

A partner visa lawyer costs agreement should explain what happens when the facts change during the matter, because partner visas run for long periods and facts often change. The agreement cannot predict every change, but it should set out the process for dealing with one.

Changes that commonly affect a partner visa include:

• The relationship ends during processing. See our article on what happens if the relationship breaks down.
• Family violence occurs and the applicant needs advice on the family violence provisions.
• The couple moves address or one partner travels for a long period. A Form 1022 change of circumstances may be needed.
• A child is born or a child is added to the application.
• New criminal charges, a new visa refusal or a cancellation arises.
• The sponsor dies.

A good partner visa lawyer costs agreement says that if a change takes the work outside the scope, the firm will advise the client, explain the effect on costs, and provide a written variation or a further agreement before doing the extra work. Notifying the Department of a change is usually within scope. Building a new legal claim on changed facts, such as a family violence claim, is usually outside it.

Termination: how a partner visa lawyer costs agreement can end

A partner visa lawyer costs agreement should explain how the agreement can end, what is payable if it ends early, and what happens to the client's file. A client can generally end a retainer at any time. A lawyer can end a retainer only for good reason and on reasonable notice, under the professional conduct rules that apply to solicitors.

What is payable if the agreement ends early

With a staged fixed fee, a partner visa lawyer costs agreement usually provides that stages already completed are payable, and that a stage in progress is payable in part or in full depending on how far the work has gone. The agreement should state the rule. A client who ends the agreement after onboarding has paid for onboarding, not for lodgement. A client who ends it after lodgement has paid for lodgement, not for the second stage.

Getting the file when changing lawyers

If a client changes lawyers, the new firm will need the file. The agreement should say how the file is handed over and how long it takes. The client also needs a new Form 956 lodged by the new representative. Our articles on how to change your immigration lawyer and hiring a lawyer after lodgement explain the practical steps. A client who wants an independent view of their file before deciding can read our article on getting a second opinion.

What to check before signing a partner visa lawyer costs agreement

Before signing a partner visa lawyer costs agreement, a client should check that the document names the pathway, lists the stages, fixes the fee for each stage, separates government charges, states the exclusions and explains termination. If any of those items is missing or unclear, the client should ask the firm to explain it in writing.

Points to check in a partner visa lawyer costs agreement:

• Is the subclass named? "Partner visa" alone is not enough.
• Does the fee include the second stage, the Subclass 801 or Subclass 100?
• Are section 56 requests and section 57 responses included or excluded?
• Is Tribunal review excluded, and if so, what happens if a refusal arrives?
• Are the government charge and the ART fee shown separately from legal fees?
• Are known complex issues, such as Schedule 3 or section 48, priced in?
• Who in the firm is responsible for the matter?
• What is payable if the agreement ends early?
• Does the disclosure state the client's rights to negotiate, to receive a bill, to request an itemised bill, to seek costs assessment and to complain?

A client comparing two firms should compare the scope clauses, not just the totals. A lower total for less work is not cheaper. Our articles on immigration lawyer fees and choosing a lawyer, how to choose Australian migration lawyers and whether legal help is worth it compared with doing it yourself give further help on comparing options.

Checking the lawyer as well as the agreement

A partner visa lawyer costs agreement is only as good as the lawyer behind it. A client can check that the lawyer holds a current practising certificate on the public register kept by the law society or regulator in the lawyer's state. Our guide to Australian migration lawyers explains how to find, check and choose one.

A partner visa lawyer costs agreement after a refusal

After a partner visa refusal, a partner visa lawyer costs agreement for the review must be made quickly, because the application for review must be made within 28 days after the day the applicant is notified of the decision. That deadline is in subsection 347(3) of the Migration Act 1958. It is 7 days if the applicant is in immigration detention. The deadline cannot be extended. A late application is not properly made and the Tribunal has no jurisdiction to review the decision.

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 partner visa lawyer costs agreement for review should name the correct person as the review applicant and client, and should set out the work for each step: lodging the review, obtaining and reading the Tribunal file, preparing written submissions and further evidence, preparing witnesses, attending the hearing and any work after the hearing.

A firm should be able to provide a review costs agreement within a day or two of instructions. The client should sign and return it promptly, and the Tribunal fee must be paid before the deadline. Our visa appeal lawyer article, our article on urgent immigration lawyer advice and our analysis of why partner visas get refused explain what the review work involves. The common reasons Subclass 820 visas are refused are often the same issues the review costs agreement must address.

What Tribunal decisions show about the stages a costs agreement should cover

Tribunal decisions show that evidence gaps at the Department stage, missing documents and unanswered requests appear in partner visa refusals that are later remitted, which is why a partner visa lawyer costs agreement should define clearly who does what at each stage. Each decision below is a partner visa matter that was remitted. Remitted means the Tribunal sent the matter back to the Department to reconsider in accordance with the Tribunal's directions. A remittal is not itself a visa grant. Each case is described only by the issues reported in its headnote. The headnotes do not state the nationality of any party.

Decisions with an AATA citation were made by the Administrative Appeals Tribunal before the Administrative Review Tribunal replaced it in October 2024.

• Magallanes (Migration) [2025] ARTA 1331, Subclass 820: the reported issues were the genuine and continuing relationship, an age difference and limited evidence provided to the Department, detailed statements and documentation provided to the Tribunal, and the relationship now being registered. The case shows the difference between the evidence the Department had and the evidence later put before the Tribunal.
• AYIRCUM (Migration) [2024] AATA 2076, Subclass 309: the reported issues were the genuine and continuing relationship, limited documentary evidence provided with the visa application and concerns about the purpose of the relationship, a valid marriage, and the length of the relationship. Limited evidence at lodgement is the kind of gap that a properly scoped preparation stage is meant to address.
• Manalo (Migration) [2024] AATA 1927, Subclass 820: the reported issues were that the sponsorship form and other requested material were not provided to the Department, COVID restrictions and access issues, prehearing, oral and witness evidence, and departmental policy. The case illustrates why a costs agreement should be clear about who responds to Department requests during processing.
• 1911412 (Migration) [2024] AATA 961, Subclass 820: the reported issues were a genuine and ongoing relationship, multiple supportive statements, delayed submission of evidence, and delayed wedding and cohabitation.
• Freeland (Migration) [2024] AATA 1083, Subclass 820: the reported issues were health requirements, evidence of the required examination provided to the Tribunal, and a decision made without a hearing being necessary. Nelson (Migration) [2024] AATA 1079, Subclass 820, reported the same issues. Health examinations are a third-party cost that sits outside the legal fee, but the agreement should say who tracks them.
• 2008553 (Migration) [2024] AATA 2749, Subclass 309: the reported issues were a genuine spousal relationship, limited knowledge of the partner's personal circumstances, evidence of events after the visa application, and allegations made by an anonymous source. Adverse information of this kind is often first raised in a section 57 letter, which is why the scope should say whether section 57 responses are included.
• Phuong (Migration) [2019] AATA 4637, Subclass 820: the reported issues were the sponsor acting as the applicant's representative, the genuine spousal relationship, financial aspects and minimal financial integration.
• Le (Migration) [2024] AATA 951, Subclass 309: the reported issues were the genuine and continuing relationship, the financial, household and social aspects of the relationship and the nature of the commitment, and evidence and significant submissions.

These decisions do not decide anything about costs agreements. What they show is that the work at each stage of a partner visa matters, and that refusals are often linked to evidence or responses that were missing at the Department stage. A partner visa lawyer costs agreement that defines each stage clearly helps make sure that work is done, and done by the right person.

How My Migration Lawyers sets up a partner visa lawyer costs agreement

My Migration Lawyers sets up every partner visa lawyer costs agreement as a written, fixed-fee agreement divided into stages, signed before substantive work starts, with government charges and third-party costs listed separately from legal fees. The firm deals with complex partner visa cases, acts in many partner visa matters onshore, offshore and at review, and is capable of handling these matters from the first advice through to the decision.

The process with My Migration Lawyers follows a set order.

• Consultation by video. The paid consultation identifies the pathway and the issues on the file, such as visa history, Schedule 3, section 48, condition 8503, a previous partner sponsorship or family violence.
• A written costs agreement for the actual file. The firm prepares a partner visa lawyer costs agreement that names the subclass, the people the firm acts for, each stage, the fixed fee for each stage, and the exclusions, with the costs disclosure required by law.
• Signing before work starts. The client reads the agreement, asks any questions, and signs electronically. The firm then lodges its Form 956 and begins work.
• Onboarding. The firm obtains the visa history itself, reviews the documents the couple has, and gives a letter of advice and a document checklist specific to the couple's facts.
• Evidence review and lodgement. The relationship statement and Form 888 statements are the couple's and the witnesses' own evidence. The firm reviews them with the documents, identifies gaps and inconsistencies, the people correct and confirm their own words, and the firm lodges the application.
• Processing. The firm responds to Department requests within the agreed scope and advises the client in writing before any work outside the scope is started.
• Refusal. If a decision goes against the client, the firm tells the client immediately, explains the 28-day review deadline and who must apply, and provides a review costs agreement promptly.

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 acts as partner visa lawyers in Australia. The firm also explains when an immigration lawyer is needed for a partner visa, what an immigration lawyer does and how its partner visa lawyers work. Same-sex couples can read about the firm's LGBTI partner visa work.

Consultations are held by video, and My Migration Lawyers acts for couples across Australia, including 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. It can give you a partner visa lawyer costs agreement that tells you, before you sign, exactly what work is included, what each stage costs and what is not covered.

Book a Consultation with My Migration Lawyers to discuss your partner visa and receive a written costs agreement for your file. You can also call 1300 040 300.