Partner Visa Lawyers

Partner Visa Lawyers Australia are lawyers who take responsibility for a partner visa matter from the first assessment to the decision. My Migration Lawyers acts as Partner Visa Lawyers Australia for married and de facto couples in every state and territory, on Subclass 820 and 801 onshore applications, Subclass 309 and 100 offshore applications and Subclass 300 Prospective Marriage visa applications.

This article explains what Partner Visa Lawyers Australia actually do on a matter, when a couple needs them, how the work is carried out at each stage, and how My Migration Lawyers and its Principal Lawyer, Weiwei Zhang, act as Partner Visa Lawyers Australia for clients across the country.

It is written for couples who are deciding whether to engage Partner Visa Lawyers Australia and want to know what they are paying for. It is not a guide to the law itself. The law is set out on the firm's partner visa lawyers service page and in the complete guide to the partner visa in Australia.

What do Partner Visa Lawyers Australia actually do on a matter?

Partner Visa Lawyers Australia assess the couple against the legal criteria, choose the correct subclass, plan and review the relationship evidence, draft the statements and legal submissions, lodge the application and manage every contact with the Department of Home Affairs until the visa is granted or refused. That is the whole of the work, and each part of it matters.

The first task is legal assessment. Partner Visa Lawyers Australia check that the applicant is a spouse within section 5F of the Migration Act 1958 or a de facto partner within section 5CB, that the sponsor is eligible to sponsor, that the applicant's current visa and its conditions allow the application to be made in Australia, and that nothing in the immigration history of either party will stop the visa being granted. Most partner visa problems that appear late in a matter were visible at this stage and were not looked for.

The second task is subclass selection. An applicant in Australia applies for the Subclass 820 temporary partner visa and the Subclass 801 permanent partner visa together. An applicant outside Australia applies for the Subclass 309 provisional partner visa and the Subclass 100 permanent partner visa. A couple who intend to marry apply for the Subclass 300 Prospective Marriage visa, and the applicant then applies for the Subclass 820 after the marriage. Partner Visa Lawyers Australia decide which pathway fits the couple's location, visa status and timing, because the wrong choice cannot be corrected after lodgement without a new application and a new application charge.

The third task is evidence. The Department assesses whether the relationship is genuine and continuing across the four aspects set out in regulation 1.15A for married applicants and regulation 1.09A for de facto applicants: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. Partner Visa Lawyers Australia build the evidence around those four aspects, identify gaps, and decide how each gap is explained. The firm's guide to partner visa relationship evidence sets out what the Department actually looks for.

The fourth task is drafting. The applicant and sponsor each provide a relationship statement in their own words, and Partner Visa Lawyers Australia review and correct those statements so that they are complete, consistent with the forms and consistent with each other. Where the matter involves a legal issue, such as a Schedule 3 waiver or a sponsorship limitation, Partner Visa Lawyers Australia draft legal submissions that address the criteria the decision maker must apply.

The fifth task is lodgement and management. Partner Visa Lawyers Australia lodge the application through ImmiAccount, attach the evidence in an order the case officer can follow, respond to any request for information under section 56 of the Migration Act, respond to any natural justice letter under section 57, and advise the couple on changes in circumstances that must be notified. My Migration Lawyers runs each of these steps on every partner visa matter it accepts.

When does a couple need Partner Visa Lawyers Australia?

A couple needs Partner Visa Lawyers Australia when the matter carries a legal risk that a well organised couple cannot remove on their own. A couple with a clean immigration history, a long shared household and a sponsor who has never sponsored before can often lodge a strong application themselves. The couples who engage Partner Visa Lawyers Australia are usually dealing with at least one of the situations below.

The applicant is in Australia without a substantive visa. An applicant who holds a bridging visa, or no visa at all, must satisfy the Schedule 3 criteria in the Migration Regulations 1994, principally criteria 3001, 3003 and 3004, or persuade the Department that there are compelling reasons not to apply them. Partner Visa Lawyers Australia prepare the Schedule 3 waiver submission, which is legal drafting and not a form.

The applicant's visa carries condition 8503. A no further stay condition prevents a Subclass 820 application in Australia unless the condition is waived under section 41(2A) of the Migration Act. Partner Visa Lawyers Australia assess whether the waiver grounds exist and prepare the waiver request before any partner visa application is attempted. The firm's article on applying for a Subclass 820 visa with a no further stay condition explains the sequence.

The applicant has a previous refusal or cancellation. A refusal on the record, particularly a refusal on genuineness or on public interest criterion 4020, changes how the new application must be prepared. Partner Visa Lawyers Australia obtain the earlier decision record, identify what the earlier decision maker relied on, and prepare the new application to meet it. The firm's article on applying for a partner visa after a visa refusal covers the position.

The sponsor has sponsored before. Regulation 1.20J limits a person to sponsoring two partner visa applicants in their lifetime, at least five years apart, unless the limitation is waived for compelling circumstances. Partner Visa Lawyers Australia check the sponsor's history first and prepare the waiver submission where one is needed. The firm's page on partner visa sponsorship limitations sets out how the limitation operates.

The de facto relationship is shorter than twelve months. Regulation 2.03A requires a de facto relationship of at least twelve months at the time of application unless the relationship is registered under a prescribed State or Territory law or there are compelling and compassionate circumstances. Partner Visa Lawyers Australia decide whether registration is available in the couple's State and whether the application should wait.

The relationship has ended because of family violence. Division 1.5 of the Migration Regulations 1994 allows an applicant to be granted the permanent partner visa after the relationship has ended where the applicant has suffered family violence committed by the sponsor. Partner Visa Lawyers Australia prepare the family violence claim with either judicial evidence or the non-judicial evidence the Regulations prescribe. The firm's family violence provisions page explains the two routes.

The relationship evidence is thin. Couples who live apart for work, who keep separate finances, who live with parents or whose culture does not produce joint documents often have a genuine relationship and a weak file. Partner Visa Lawyers Australia are engaged to explain the actual relationship honestly and to find the evidence that exists rather than the evidence a checklist expects.

In each of these situations, the value of Partner Visa Lawyers Australia lies in the legal work, not in the paperwork. The couple could complete the forms. What the couple cannot do is identify the criterion that will be applied against them and answer it before the decision maker asks.

How do Partner Visa Lawyers Australia assess a matter before anything is lodged?

Partner Visa Lawyers Australia begin every matter with a written assessment of the applicant, the sponsor and the relationship against the criteria that will decide the application. At My Migration Lawyers this assessment follows the initial consultation and is delivered as a letter of advice before any application work starts.

The assessment starts with the applicant's visa position. Partner Visa Lawyers Australia obtain the applicant's current visa details from the Department's Visa Entitlement Verification Online system, confirm the visa conditions, and check the expiry date against the time needed to prepare the application. Where the applicant holds a bridging visa, the firm confirms which bridging visa it is and what it permits, because a Bridging Visa A and a Bridging Visa E carry very different consequences for a partner visa application.

The assessment then turns to the immigration history. Partner Visa Lawyers Australia ask for every previous visa application, every refusal and every cancellation, in Australia and elsewhere, and obtain the decision records where they exist. Public interest criterion 4020 allows a visa to be refused where a bogus document or false or misleading information was given in the current application or in an earlier one, and Partner Visa Lawyers Australia cannot protect a couple from a criterion 4020 problem they were not told about.

The sponsor is assessed separately. Partner Visa Lawyers Australia confirm that the sponsor is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, check the sponsor's own sponsorship history against regulation 1.20J, and check whether the sponsor holds a permanent visa granted on partner grounds within the last five years. The sponsor is also asked about criminal history, because Division 1.4B of the Regulations allows the Department to refuse to approve a sponsor with a conviction for a registrable offence, and a police check will be required in any event.

Finally the relationship itself is assessed. Partner Visa Lawyers Australia take the history of the relationship from the couple, identify the date the relationship began, the date it became a de facto relationship or the date of the marriage, and any period of separation, and test whether the couple satisfy section 5F or section 5CB on the facts as they are. Where a de facto couple fall short of twelve months, the firm advises on registration and on the twelve month de facto rule and its exceptions.

The outcome of the assessment is a written plan. It states the subclass, the criteria in issue, the evidence that will be needed, the submissions that will be drafted, and the risks that remain. Couples who engage Partner Visa Lawyers Australia should expect this document before they are asked to pay for application work.

How do Partner Visa Lawyers Australia prepare the relationship evidence and statements?

Partner Visa Lawyers Australia prepare relationship evidence by working from the four aspects in the Regulations, not from a generic checklist. Each document the couple provides is placed against one of the four aspects, the gaps are identified, and the statements are written to explain what the documents cannot show.

Under the financial aspect, Partner Visa Lawyers Australia look for joint accounts, joint liabilities, shared bills, transfers between the couple, joint ownership or joint leases, and evidence of how the couple pool or share their money. Where finances are separate, the statements explain why, and the evidence shows the actual arrangement.

Under the nature of the household, the firm looks for evidence that the couple live together and how they run the home: the lease or mortgage in both names, mail to the same address for both parties, shared responsibility for children, and the division of housework. Where the couple live apart, Partner Visa Lawyers Australia document the reason and the contact between them, because living apart is not fatal to a partner visa but an unexplained separation can be.

Under the social aspect, Partner Visa Lawyers Australia gather Form 888 statements from friends and family, joint invitations, joint travel, photographs across the life of the relationship and evidence that the couple present as a couple to others. The firm's guide to Form 888 statements explains who can make one and what a useful statement says. A Form 888 that recites the checklist is worth little; a Form 888 that describes what the witness has actually seen is evidence.

Under the nature of the commitment, the firm looks for the duration of the relationship, the degree of companionship and emotional support, wills, superannuation nominations, insurance beneficiaries and the couple's plans. Partner Visa Lawyers Australia give this aspect the same weight as the other three because decision makers do.

The relationship statements are the applicant's and the sponsor's own evidence. Partner Visa Lawyers Australia do not write a couple's story for them. The couple write their own accounts, the firm reviews them against the forms and the documents, corrects inconsistencies in dates and places, removes claims the evidence does not support, and returns the statements to the couple to confirm that every sentence is true. The firm's guide to the partner visa relationship statement shows how a statement is structured.

The last step before lodgement is a consistency review. Partner Visa Lawyers Australia read the application form, the sponsorship form, both statements, every Form 888 and every document together and resolve every difference in a date, an address or an account of events. Inconsistency is the most common reason a genuine relationship is doubted, and it is entirely avoidable.

How do Partner Visa Lawyers Australia handle Schedule 3, sponsorship limitations and other complications?

Partner Visa Lawyers Australia handle complications by identifying the exact criterion in issue, gathering the evidence that criterion requires and drafting a submission that addresses it directly. Each complication has its own legal test, and the submission must meet that test rather than argue in general terms that the couple deserve a visa.

For Schedule 3, the applicant who does not hold a substantive visa at the time of application must satisfy criteria 3001, 3003 and 3004 of Schedule 3 to the Migration Regulations 1994 unless the Minister is satisfied that there are compelling reasons for not applying them. Partner Visa Lawyers Australia prepare a Schedule 3 submission that sets out the compelling reasons with evidence: the circumstances in which the applicant became unlawful, the length and strength of the relationship, any Australian citizen children, hardship to the sponsor and any other matter that bears on the discretion. The firm's article on Schedule 3 partner visa waivers sets out the framework.

For sponsorship limitations under regulation 1.20J, Partner Visa Lawyers Australia obtain the sponsor's history, confirm whether the limitation applies, and where it does prepare a submission on compelling circumstances affecting the sponsor. The Department's own policy recognises circumstances such as the death of a previous partner, the breakdown of a previous relationship through no fault of the sponsor, and dependent children of the current relationship. The submission must be built on the sponsor's actual circumstances and evidenced.

For a previous refusal, Partner Visa Lawyers Australia read the earlier decision, identify each finding that was adverse to the couple, and prepare the new application so that each finding is met with new evidence or a full explanation. Where the earlier refusal is still within the review period, the firm advises whether review at the Administrative Review Tribunal is the better course, because the partner visa refusal review options are lost if the deadline passes.

For condition 8503 and other no further stay conditions, Partner Visa Lawyers Australia prepare the waiver request under section 41(2A) on the basis of compelling and compassionate circumstances that developed after the visa was granted and that were outside the applicant's control. The partner visa application is lodged only after the waiver is granted.

For family violence, Partner Visa Lawyers Australia prepare the claim under Division 1.5 with either judicially determined evidence or the combination of a statutory declaration from the applicant and evidence from the professionals listed in the relevant legislative instrument. The firm also manages the notification to the Department that the relationship has ended, because timing and wording matter.

For criterion 4020 and character issues, Partner Visa Lawyers Australia gather the police certificates early, take full instructions on any conviction or any earlier false statement, and prepare the disclosure and any waiver submission before the Department raises the issue. Concealment is never advised, and it is never in the couple's interest.

My Migration Lawyers accepts these matters as a matter of course. Complications of this kind are the reason Partner Visa Lawyers Australia exist.

What do Partner Visa Lawyers Australia do after the application is lodged?

Partner Visa Lawyers Australia remain responsible for the matter after lodgement, and the work after lodgement is often where a partner visa is won or lost. Lodgement is the midpoint of a matter, not the end.

The first post-lodgement task is the bridging visa. An applicant who lodges a Subclass 820 application while holding a substantive visa is granted a Bridging Visa A that comes into effect when the substantive visa expires. Partner Visa Lawyers Australia confirm the grant, check the conditions, and advise on work rights while the Subclass 820 is pending and on travel, which requires a Bridging Visa B.

The second task is health and character. Partner Visa Lawyers Australia arrange the health examination through the Department's panel, obtain the Australian Federal Police check and any overseas police certificates, and lodge them before the case officer asks so that the matter is not delayed by a request the firm could have anticipated.

The third task is responding to the Department. A request for further information under section 56 of the Migration Act carries a deadline, and Partner Visa Lawyers Australia prepare the response with the same care as the original application. A natural justice letter under section 57 means the Department holds adverse information it intends to rely on, and the response to it is legal work of the highest importance. The firm's guide to responding to a section 57 natural justice letter explains what such a letter means.

The fourth task is change of circumstances. Partner Visa Lawyers Australia advise the couple which changes must be notified on Form 1022, including a change of address, a new child, a change of passport or a change in the relationship, and lodge the notification. Failure to notify is itself a ground for concern under the public interest criteria.

The fifth task is the second stage. For a Subclass 820 applicant, the Subclass 801 permanent visa is assessed after two years from the date of the original application, and the Department will ask for updated evidence of a continuing relationship. Partner Visa Lawyers Australia calendar the date, prepare the updated evidence and manage the second stage as part of the same matter. The firm's article on the difference between the Subclass 820 and Subclass 801 explains the two stages.

The sixth task arises only if the visa is refused. Partner Visa Lawyers Australia read the decision record on the day it arrives, advise on review at the Administrative Review Tribunal and lodge the review application within the strict time limit. That time limit is short and cannot be extended, and My Migration Lawyers treats a refusal notice as urgent on every matter.

Do Partner Visa Lawyers Australia need to be in the same city as the couple?

No. Partner Visa Lawyers Australia do not need to be in the same city as the couple, and there is no advantage in choosing a lawyer by postcode. Partner visa law is contained in the Migration Act 1958 and the Migration Regulations 1994, which apply identically in every state and territory. The application is lodged online through ImmiAccount. The Department of Home Affairs processes partner visa applications through national processing centres, not through a local office near the couple.

My Migration Lawyers conducts every consultation by Zoom and exchanges documents through a secure client portal. The firm's office is at Level 1, 60 Martin Place, Sydney NSW 2000, and it acts as Partner Visa Lawyers Australia for couples in Sydney, Melbourne, Brisbane, Perth, Adelaide, Canberra, Hobart, the Gold Coast, regional Australia and overseas in exactly the same way. A sponsor in Perth and an applicant in Manila can attend the same consultation from where they are.

The question a couple should ask is not where Partner Visa Lawyers Australia sit but how many partner visa matters they run, how many of those matters involved the complication the couple face, and who will actually do the work.

What should a couple ask Partner Visa Lawyers Australia before engaging them?

A couple should ask Partner Visa Lawyers Australia five questions before signing a costs agreement, and each question has a right answer.

First, who will be responsible for the matter? The answer should be a named lawyer, and that lawyer should be the person who assesses the matter, signs the advice and drafts the submissions. At My Migration Lawyers, Weiwei Zhang, Principal Lawyer, is responsible for the firm's partner visa practice.

Second, what will be assessed before anything is lodged? Partner Visa Lawyers Australia should describe the assessment set out earlier in this article: visa status, immigration history, sponsor eligibility, the four aspects of the relationship and the specific criteria in issue. A lawyer who quotes for an application without asking about the immigration history has not yet assessed the matter.

Third, what is in the written scope? Partner Visa Lawyers Australia should set out in writing the subclass, the stages covered, the statements and submissions to be drafted, the Department correspondence covered, and what falls outside the scope. My Migration Lawyers charges fixed fees per matter and sets the scope out in the costs agreement before work begins.

Fourth, how will the evidence and statements be prepared? The right answer is that the couple provide their own account and their own documents, the lawyer plans the evidence against the four aspects, reviews and corrects the statements, and runs a consistency review before lodgement. The wrong answer is a template.

Fifth, what happens if the Department raises a concern or refuses the visa? Partner Visa Lawyers Australia should explain how a section 56 request or a section 57 letter will be handled, and should be able to describe the Administrative Review Tribunal review process and its deadline without hesitation.

How My Migration Lawyers acts as Partner Visa Lawyers Australia

My Migration Lawyers acts as Partner Visa Lawyers Australia for couples in every state and territory, on standard partner visa applications and on the complex matters described in this article. The firm's partner visa practice is led by Weiwei Zhang, Principal Lawyer, who is responsible for the assessment, the advice and the submissions on the firm's partner visa matters.

The firm acts in a large number of partner visa matters of exactly this kind: Subclass 820 and 801 applications by applicants in Australia, Subclass 309 and 100 applications by applicants overseas, Subclass 300 Prospective Marriage visa applications, second stage Subclass 801 assessments, and applications complicated by Schedule 3, condition 8503, previous refusals, regulation 1.20J sponsorship limitations, criterion 4020, short de facto relationships and family violence. Complex matters are the firm's ordinary work, and My Migration Lawyers is equipped to run them.

On every partner visa matter, My Migration Lawyers provides a written letter of advice and a document checklist after the consultation, runs the Visa Entitlement Verification Online check and obtains the immigration history itself, plans the evidence against the four aspects of the relationship, reviews and corrects the applicant's and sponsor's statements, drafts the legal submissions the matter requires, lodges the application, manages every Department request, and calendars the second stage. Every consultation is conducted by Zoom, and clients across Australia and overseas are served in the same way.

Couples who want Partner Visa Lawyers Australia to assess their matter can request a consultation with My Migration Lawyers through the firm's online form. The firm's partner visa lawyers service page describes the subclasses in more detail, and the firm's Subclass 820 visa page covers the onshore pathway that most of the firm's partner visa clients follow.