Partner Visa Second Opinion

What is a partner visa second opinion?

A partner visa second opinion is an independent legal review of advice you have already received about a partner visa, or of an application or decision in your partner visa matter, carried out by a lawyer who has not acted on the matter before. The purpose of a partner visa second opinion is to test whether the first advice is correct on the law, complete on the facts and realistic about the risks, before you act on it or before a deadline passes.

Couples ask for a partner visa second opinion for different reasons. Some have been told that the applicant cannot apply in Australia and want to know whether that is the whole picture. Some have prepared or lodged an application themselves and are worried about it. Some have received a letter from the Department of Home Affairs and do not know how serious it is. Some have received a refusal and need to know what can still be done. In every case the question is the same: is the advice I have right, and is there anything I should do differently now?

This article explains when a partner visa second opinion is worth getting, what the lawyer actually reviews, which records to provide, how to judge advice you already hold, and what happens when the second opinion differs from the first. It is written for couples dealing with the onshore Subclass 820 partner visa, the offshore Subclass 309 partner visa and the Subclass 300 prospective marriage visa. For the law of partner visas generally, read the complete guide to partner visas in Australia. For second opinions across all visa types, read our general guide on getting a second opinion from an immigration lawyer. This article stays with partner visas and the specific points a partner visa lawyer checks.

Who asks for a partner visa second opinion

The people who ask for a partner visa second opinion are usually in one of four groups. The first group is couples who have been given advice, often in a short consultation or an email, and who want it checked before they spend the visa application charge. The second group is couples who prepared their own application and now want a lawyer to look at it, either before lodgement or after. The third group is couples who already have a representative but who want an independent view on one specific issue, such as a Schedule 3 waiver or a sponsorship limitation. The fourth group is couples who have received a refusal and want to know whether review is worth pursuing.

In offshore matters, the person who contacts the firm is usually the Australian partner. The applicant may be overseas, but the Australian citizen or permanent resident sponsor is the person in Australia who can meet the lawyer by video, gather the records and support the review if a Subclass 309 refusal is made. The review itself is lodged by the applicant, in their own name. A partner visa second opinion in an offshore matter is therefore often a consultation with the sponsor, with the applicant joining by video where they can.

What a partner visa second opinion is not

A partner visa second opinion is not a complaint about the first adviser, and it is not an automatic change of representative. It is a review of the advice and the file. Advice can be correct and still worth checking, because the stakes in a partner visa are high and the facts in a couple's history are often more complicated than they first appear. In practice, many partner visa second opinion reviews confirm the first advice, sometimes with additional points on evidence or timing.

A partner visa second opinion also does not depend on what kind of adviser gave the first advice. Registered migration agents and Australian legal practitioners both give immigration assistance, and the articles on whether to use a migration agent or lawyer for a partner visa and on the difference between a migration agent and an immigration lawyer explain those roles factually. The review looks at the content of the advice, not at the title of the person who gave it.

When should you get a partner visa second opinion?

You should get a partner visa second opinion whenever an important decision in your partner visa matter rests on advice you are not sure about, and particularly at four points: when you have been told you cannot apply in Australia, before lodging an application you think may be weak, after a section 57 natural justice letter, and after a refusal while the review deadline is still running. At each of those points a mistake is expensive and sometimes cannot be reversed.

When you have been told you cannot apply in Australia

Advice that a partner visa cannot be made in Australia changes a couple's life. It can mean the applicant must leave, apply offshore and wait outside Australia for a decision. It can mean separation from the sponsor and, in some families, from children. Because the consequences are so serious, this is one of the most common reasons couples ask for a review.

The advice may well be right. Some applicants are barred from applying onshore, and some can apply but face criteria that are hard to meet. The review checks whether the bar is real, whether an exception or waiver is available, and whether the full visa history has been considered. The section below on applying in Australia sets out the issues the lawyer checks.

Before lodging an application that feels weak

Many couples know their file has a weak point. They may have lived apart for long periods. They may have a short relationship. They may not have joint finances because of their circumstances. One of them may have a previous relationship or previous sponsorship. A partner visa second opinion before lodgement is the point at which those weaknesses can still be addressed with evidence and explanation, rather than defended after a refusal.

A pre-lodgement partner visa second opinion is also the right time to check validity. Validity is tested on the day the application is made. If a validity requirement is missed, there is no application to strengthen later. The guide to applying for a partner visa after a visa refusal explains one group of validity requirements that is often missed.

After a section 57 natural justice letter

A letter under section 57 of the Migration Act 1958 tells the applicant about information that the Department considers would be the reason, or part of the reason, for refusing the application, and invites a response. It is the clearest warning a couple will receive before a refusal. A partner visa second opinion at this point can test whether the response being prepared actually answers the Department's concern. Our article on how to respond to a section 57 natural justice letter for a partner visa explains the letter in more detail.

After a section 56 request for more information

A request for more information under section 56 is less serious than a section 57 letter, but it still shows what the decision maker is looking at. If the request asks for evidence on a particular aspect of the relationship, or for an explanation of a gap in the history, the answer can shape the decision. The lawyer can check that the response is complete and consistent with the rest of the file. The guide to responding to a section 56 request for more information explains the process.

After a refusal, while the clock is running

A partner visa second opinion after a refusal is urgent. An application to the Administrative Review Tribunal must be made within 28 days after the day the applicant is notified of the decision, or 7 days if the applicant is in immigration detention, and that time cannot be extended. A couple who receives a refusal and wants a second view on whether to apply for review must get that view quickly. The section on refusals below explains what the lawyer does in those first days.

At other turning points

Other turning points also justify a partner visa second opinion. They include a relationship breakdown during processing, a claim of family violence, a new criminal charge, a long period living apart, a change in the sponsor's circumstances and the approach of the second stage. The article on what happens when a Subclass 820 relationship breaks down and the Family Violence Partner Visa Lawyers page explain two of those situations.

Partner visa second opinion when you have been told you cannot apply onshore

A partner visa second opinion on onshore eligibility checks each legal bar that could stop the applicant from making a valid partner visa application in Australia, and each criterion that could make the application fail even if it is valid. The lawyer works through the applicant's full visa history and the sponsor's sponsorship history, because the answer depends on facts that are often not visible from a single visa grant notice.

Section 48 and previous refusals

Section 48 of the Migration Act 1958 limits the visas that a person in Australia can apply for if they do not hold a substantive visa and have had a visa refused or cancelled since they last entered Australia. A partner visa is one of the visas that can still be applied for in that situation, but extra validity requirements apply. They include two statutory declarations from Australian citizens, Australian permanent residents or eligible New Zealand citizens, each made no more than 6 weeks before lodgement, under subparagraph 1124B(3)(e)(iii) of Schedule 1 to the Migration Regulations 1994. Form 888 statements do not satisfy that rule. An applicant who has already been refused a partner visa since last entering Australia is in a more difficult position again. The firm's visa cancellations page explains how a cancellation can leave a person in this position.

A partner visa second opinion checks whether section 48 actually applies. That depends on whether the refused visa was a substantive visa application, what visa the applicant holds on the day of lodgement, and whether the applicant has left and re-entered Australia. Advice given on a summary of the facts can miss one of those details.

Schedule 3 criteria

Schedule 3 criteria 3001, 3003 and 3004 apply to onshore applicants who do not hold a substantive visa when they apply. They can be waived where there are compelling reasons for not applying them. Advice that a person "cannot apply" is sometimes advice that the person faces Schedule 3, which is a different thing. A person who faces Schedule 3 can usually still lodge a valid application, and the question is whether compelling reasons can be shown. The articles on Schedule 3 criteria when you are unlawful and on applying for a Schedule 3 partner visa waiver explain the test.

Condition 8503 No Further Stay

Many visitor visas carry condition 8503, which prevents the holder from making a further substantive visa application while in Australia unless the condition is waived. Advice that an applicant on a visitor visa with condition 8503 cannot apply onshore is correct unless a waiver is granted. The lawyer checks whether condition 8503 is actually on the visa, whether a waiver request is realistic on the facts, and what the alternatives are if it is not. The article on the Subclass 820 visa and condition 8503 and the guide to moving from a tourist visa to a partner visa in Australia cover this.

Sponsorship limitations

Regulation 1.20J limits a sponsor to two partner sponsorships in a lifetime, and requires five years between them, subject to compelling circumstances. Some couples are told that the sponsor cannot sponsor at all. The lawyer checks the exact dates, whether the limitation is triggered at all, and whether compelling circumstances can be shown. The Partner Visa Sponsorship Limitations page and the article on when a sponsor cannot sponsor a partner visa explain the rules.

The firm obtains the visa history

A partner visa second opinion on onshore eligibility depends on an accurate visa history. My Migration Lawyers obtains that history itself, using the applicant's passport details and the Department's records. Couples are not asked to find old bridging visa grant notices or old application forms that people do not realistically keep. The couple's job is to tell the lawyer what they remember and to provide their current passports and any letters they still have. The lawyer's job is to establish the history accurately.

What does a lawyer review in a partner visa second opinion?

In a partner visa second opinion the lawyer reviews three things: the advice you were given, the application or draft application, and the decision record or Department correspondence. The review tests each of them against the Migration Act 1958, the Migration Regulations 1994 and the Department's published policy, and against the facts of the couple's history as established by the lawyer.

The advice you received

The first thing reviewed in a partner visa second opinion is the advice itself. The lawyer reads the advice letter, email or consultation notes and identifies what the advice actually says. Advice often contains several conclusions: whether the applicant can apply onshore, which visa to apply for, what evidence is needed, what the risks are, and what will happen next. Each conclusion is checked separately.

The lawyer then checks the facts the advice was based on. A large part of the value of the review comes from this step. Advice can be correct on the facts the adviser was given, but those facts may have been incomplete. A previous refusal that was not mentioned, a visa condition that was not noticed, or a sponsorship that took place years ago can change the answer. The lawyer asks the questions needed to fill those gaps.

The application or draft file

The second thing reviewed is the application. If the application has not been lodged, the lawyer reviews the draft forms, the partner visa relationship statement, the Form 888 statements and the supporting documents. If the application has been lodged, the lawyer reviews what was actually uploaded to ImmiAccount and the answers given in the online form.

The review covers validity, eligibility and evidence. Validity means the application meets the requirements to be a valid application on the day it is made. Eligibility means the applicant can satisfy the criteria for grant, including the relationship criteria and the public interest criteria. Evidence means the material shows a genuine and continuing relationship across the four aspects the Department assesses: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. The articles on partner visa evidence and preparing evidence of a genuine relationship explain how evidence is weighed.

The relationship statement and the Form 888 statements are the couple's own evidence and the witnesses' own evidence. In a partner visa second opinion the lawyer does not rewrite anyone's account. The lawyer identifies gaps and inconsistencies, such as a date in the relationship statement that does not match the forms, or a Form 888 statement that describes a different address. The people concerned then correct and confirm their own words. The articles on who can make a Form 888 and what it should say and on Form 888 example answers and common mistakes explain the witness evidence.

Personal particulars and consistency

Inconsistency between forms is one of the most common problems found in a partner visa second opinion. Addresses, travel dates, previous relationships and employment history appear in several places, including the application form and, where requested, Form 80 personal particulars. Where answers differ, the decision maker may ask why, and in a serious case may consider whether information is false or misleading. The lawyer compares the documents line by line and identifies anything that needs to be explained or corrected. Where circumstances have changed since lodgement, the lawyer checks whether a Form 1022 change of circumstances notification should be made.

The decision record or Department letter

The third thing reviewed is the Department's or Tribunal's correspondence. After a section 56 request or a section 57 letter, that is the letter itself and the information it refers to. After a refusal, it is the decision record. A decision record states the criteria the decision maker found were not met and the reasons. A partner visa second opinion on a refusal reads the decision record closely, identifies each ground of refusal, and assesses whether the ground can be answered on review with evidence and submissions.

The lawyer also looks for what the decision record does not say. Sometimes the decision maker did not consider evidence that was lodged. Sometimes the decision rests on a single interview answer. Sometimes the refusal is on a criterion that is not about the relationship at all, such as a public interest criterion or Schedule 3. Each kind of refusal needs a different response. The article on why partner visas get refused and the list of the most common reasons Subclass 820 visas are refused explain the usual grounds.

Second opinions in offshore partner visa matters

In an offshore partner visa matter, the second opinion is usually given to the Australian partner, because the sponsor is the person in Australia who can meet the lawyer, gather the records and, after a Subclass 309 refusal, support the applicant's review, which the applicant lodges in their own name. The applicant's application is lodged online like any other, and the applicant can join the video consultation from wherever they are.

The issues in offshore matters are different from onshore matters. Section 48 and Schedule 3 do not usually arise. The questions are more often about the evidence of the relationship when the couple have spent long periods in different countries, the validity of a marriage that took place overseas, the applicant's identity and civil documents, police certificates from each country where the applicant has lived, and translations of documents that are not in English. Documents that are not in English need English translations, and translations made in Australia should be made by a NAATI-certified translator.

The sponsor's own history matters too. If the sponsor has sponsored a partner before, or was sponsored as a partner, the sponsorship limitation must be checked against the exact dates. If the sponsor has a criminal record, further sponsorship rules may apply. The review checks each of these before the sponsor relies on the advice already given.

Offshore couples often consider whether the applicant should travel to Australia and apply onshore instead. That is a significant decision with its own risks, including visitor visa conditions such as condition 8503 and the requirement that a visitor visa applicant genuinely intends only a temporary stay. The lawyer explains the consequences of each pathway before the couple commit to one. The pages on the Subclass 309 offshore partner visa and the Subclass 300 prospective marriage visa explain those visas, and the guide to Subclass 820 vs Subclass 801 explains how the onshore stages work for comparison.

Same-sex couples face the same partner visa criteria as other couples, but their evidence of the social aspects of the relationship can look different, particularly where the relationship could not be disclosed openly in the applicant's home country. The LGBTI partner visa page explains how the firm approaches those matters.

What records should you provide for a partner visa second opinion?

For a partner visa second opinion you should provide the advice you received, the Department or Tribunal letters you hold, copies of what was lodged if an application has been made, and your current passports. You do not need to find old immigration documents that you no longer have. The lawyer obtains the visa history from the Department's records.

A practical list for a partner visa second opinion is short.

• The advice: the advice letter, email or written summary of the advice you were given. If the advice was only spoken, a short written note of what you were told and when.
• The letters: any refusal decision record, section 57 letter, section 56 request, acknowledgement of application or Tribunal correspondence you still hold.
• The application: if lodged, a copy of the application as submitted and the documents uploaded, which can usually be downloaded from ImmiAccount. If not lodged, the draft forms and documents.
• Identity: current passports for the applicant and the sponsor.
• Relationship: the relationship statement and Form 888 statements, if they exist, and a short timeline of the relationship.
• Deadlines: the date you received any refusal or letter, so that the deadline can be calculated from the date of notification.

Couples who do not have ImmiAccount access can read the guide on how to create an ImmiAccount. For the evidence that a complete partner visa file normally holds, the partner visa document checklist and the 820 partner visa evidence checklist are useful, but a partner visa second opinion does not require a complete file before it starts. The lawyer will say what else is needed after the first review.

Where a deadline is close, provide the decision and the date of notification first. The rest can follow. The article on what to prepare before you call for urgent immigration advice explains how to prioritise.

Partner visa second opinion after a section 57 letter

A partner visa second opinion after a section 57 letter is a review of whether the proposed response deals directly with the adverse information the Department has identified, and whether anything in the response could create a new problem. It is one of the most time-sensitive reviews, because the letter sets a period for the response.

The lawyer starts with the letter. A section 57 letter identifies the information that the Department considers would be the reason, or part of the reason, for refusal. It may concern the genuineness of the relationship, an inconsistency between answers, information from a third party, or a public interest criterion. The response must address that information. A response that sends more general relationship evidence but does not deal with the specific concern may not change the outcome.

The lawyer then reviews the draft response. If the couple's previous adviser has prepared it, the lawyer tests it against the letter, point by point. If the couple are preparing it themselves, the lawyer identifies what it must cover. In both cases the explanations in the response remain the couple's own account. The lawyer checks that the account is complete, consistent with the file and supported by evidence where evidence exists.

Where the concern is about false or misleading information, the stakes are higher. Public interest criterion 4020 can lead to refusal where false or misleading information or a bogus document has been given, and it can carry consequences for future applications. A partner visa second opinion on a section 57 letter that raises integrity concerns should be obtained without delay. The article on responding to a partner visa section 57 letter explains the process in more detail.

Partner visa second opinion after a refusal

A partner visa second opinion after a refusal must be obtained within the review deadline, because an application to 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 second opinion answers three questions quickly: who must apply for review, whether review is the right step, and what the review application will need to address.

The 28-day deadline

Under subsection 347(3) of the Migration Act 1958, an application for review of a reviewable migration decision must be made within 28 days after the day the applicant is notified of the decision. If the applicant is in immigration detention, the period is 7 days. The Tribunal cannot extend that time. A late application is not properly made, and the Tribunal has no jurisdiction to review the decision. A partner visa second opinion that arrives after the deadline cannot restore the right to review, so the review application must be lodged within time even if the couple is still considering the merits.

The date of notification depends on how the decision was sent. The lawyer works out the deadline from the decision letter and the method of notification. Couples should not count the days themselves and rely on the count without checking. The guide to what to expect after a refusal at the ART explains the process after an application is made.

The Tribunal fee

As at October 2026, the Tribunal 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% fee reduction may be granted on the ground of financial hardship. If the Tribunal sets aside or varies the decision, or remits the matter to the Department, 50% of the fee paid is refunded.

Who applies for review

For an onshore Subclass 820 and Subclass 801 refusal, the applicant applies for review and must be in Australia. For a Subclass 309 refusal, the applicant applies for review in their own name, even from outside Australia, under section 338(9) of the Migration Act 1958 and regulations 4.02(4)(saa) and 4.02(5)(raa) of the Migration Regulations 1994. The sponsor has no standing to apply. A partner visa second opinion after an offshore refusal is often given to the sponsor and the applicant together, but the review must be lodged by the applicant. Getting this wrong can mean that the wrong person applies and the application is not valid.

Review or a fresh application

A partner visa second opinion after a refusal also considers whether review is the best course or whether another pathway exists. For some offshore refusals a fresh application may be possible. For many onshore refusals a fresh application in Australia is not possible because of section 48 and the rule about previous partner visa refusals. The answer depends on the refusal ground, the visa history and the evidence that can now be obtained. The article on partner visa refused appeal options and the Partner Visa Refusals service page set out the choices. The firm's wider visa refusals page covers refusals of other visa types.

Bridging visa position

After an onshore refusal, the applicant's lawful status depends on the bridging visa they hold and on whether a valid review application is made within time. The lawyer therefore also checks the bridging visa position, including work rights and travel. The articles on bridging visas in Australia, on the Bridging visa A and on working while waiting for a Subclass 820 visa explain the general rules.

How to judge the partner visa advice you already have

You can judge partner visa advice by asking whether it identifies the legal provision that applies, applies that provision to your actual facts, states the risks honestly, gives you the deadlines in writing, and explains the alternatives. Advice that does all five is usually reliable. Advice that does not is the kind of advice that a partner visa second opinion is designed to test.

Does the advice identify the law?

Good partner visa advice names the rule it relies on. If the advice says the applicant cannot apply in Australia, it should say why: section 48, condition 8503, a previous partner visa refusal, or something else. If the advice says the sponsor cannot sponsor, it should refer to the sponsorship limitation and the relevant dates. Advice that states a conclusion without the rule behind it is harder to test, and an independent review will usually start by identifying the rule.

Does the advice apply the law to your facts?

The same rule can produce different answers for different couples. Good advice explains how the rule applies to the facts of this couple: which visa was refused, when, what visa is held now, how long the relationship has lasted, and what evidence exists. If the advice could have been written for anyone, it may not have considered the details that matter.

Does the advice state the risks?

No lawyer can promise the outcome of a partner visa application. Good advice says where the risks are. It may say that the relationship evidence is thin in one aspect, that an inconsistency will need explaining, or that a waiver depends on compelling reasons that may not be accepted. Advice that describes an application as certain to succeed is not consistent with how partner visas are decided. An independent review will state the risks plainly.

Does the advice give the deadlines?

Deadlines in partner visa matters are strict. They include the 28-day review deadline, the period stated in a section 57 letter or section 56 request, the 6-week window for section 48 statutory declarations and the expiry of a substantive visa before lodgement. Good advice gives each deadline in writing. If you do not know your deadline, a partner visa second opinion should be obtained quickly.

Does the advice explain the alternatives?

Many partner visa problems have more than one possible path. An applicant who cannot apply onshore may be able to apply for the Subclass 309 offshore partner visa. A couple who do not yet meet the de facto requirements may need to consider the 12-month de facto rule and its exceptions, registration of the relationship, or marriage. Good advice explains the alternatives and why one is recommended. The article on de facto partner visas explains the de facto requirements.

What happens if the partner visa second opinion differs from the first advice?

If the partner visa second opinion differs from the first advice, the lawyer explains the difference in writing by reference to the law and the facts, so that the couple can understand why the views differ and take the matter back to their current adviser if they wish. A difference of opinion is not a finding that the first adviser acted improperly. It often reflects new facts, a change in the law or policy, or a different assessment of risk.

Respect for the first adviser

My Migration Lawyers treats every first adviser with respect. The firm does not comment on the conduct of other advisers. It comments on the advice and the file. Couples who already have a representative are free to share the partner visa second opinion with that representative, and in many matters that is the best course, because the current representative knows the file and can act on any additional points.

Changing representative

Some couples decide, after a partner visa second opinion, to change representative. That is their right. Changing representative in a partner visa matter involves appointing the new representative with the Department or the Tribunal, usually through Form 956 and 956A, and obtaining a copy of the file. The article on how to change your immigration lawyer in Australia explains the steps, and the article on hiring an immigration lawyer after lodging your own application explains how a lawyer takes over a file that is already lodged.

When the second opinion agrees

Where the partner visa second opinion agrees with the first advice, that is also useful. The couple can proceed with confidence, and the lawyer may add points on evidence, timing or deadlines that strengthen the file. A review that confirms the first advice is not wasted. It removes doubt at a point where doubt can lead to delay.

How much does a partner visa second opinion cost?

A partner visa second opinion at My Migration Lawyers is charged as a fixed fee under a written costs agreement, and the fee is agreed before the review starts. Government charges are separate. The firm does not publish its professional fees, because the scope of a partner visa second opinion depends on how much material needs to be reviewed and how urgent the matter is.

The government charges that a couple may face are public. As at October 2026, the partner visa application charge for the combined Subclass 820 and Subclass 801 application is from AUD 11,710 for most applicants, and from AUD 1,955 for Subclass 300 holders applying in Australia. One charge covers both stages of the combined application. A lower charge applies to eligible Pacific Island and Timor-Leste citizens from 1 July 2026, and the current figure should be checked on the Department of Home Affairs website. Charges are reviewed each 1 July. Police certificates, health examinations, translations and biometrics are additional costs. The article on every fee for a Subclass 820 partner visa sets these out.

The Tribunal fee for review of a partner visa refusal is AUD 3,727 as at October 2026, subject to the reduction and refund rules described above. The cost of an independent review is best weighed against those amounts, and against the consequences of an invalid application or a missed review deadline. The guides to partner visa lawyer fees and how to choose, what an immigration lawyer costs in Australia and what a fixed-fee quote should include explain how fees are set.

What Tribunal decisions show about earlier advice and the issues a second opinion checks

Tribunal decisions show that the issues a partner visa second opinion checks, including earlier advice about applying onshore, Schedule 3, sponsorship limitations, inconsistent evidence and natural justice, regularly decide partner visa reviews. Each decision below was remitted, which means the Tribunal sent the matter back to the Department to reconsider with directions or findings. The descriptions record only the issues reported in each decision's headnote. The headnotes do not state the nationality of the parties.

• Adu (Migration) [2025] ARTA 2913, Subclass 309: the reported issues were a genuine and continuing relationship, a valid marriage entered while the applicant was an unlawful non-citizen, advice from a former representative that an onshore application was not possible, and the nature of the commitment.
• Dau (Migration) [2023] AATA 1156, Subclass 820: the reported issues were that the applicant did not meet criterion 3001 in Schedule 3 and was not the holder of a substantive visa at the time of application.
• Fu (Migration) [2025] ARTA 669, Subclass 820: the reported issues were a Federal Circuit Court remittal, compelling reasons to waive the Schedule 3 criteria, no substantive visa at the time of application, and multiple entries permitted.
• Wang (Migration) [2018] AATA 2629, Subclass 820: the reported issues were the Schedule 3 criteria, not having a substantive visa at the time of application, compelling reasons, and care of the sponsor's children.
• Rogers (Migration) [2020] AATA 4743, Subclass 309: the reported issues were sponsorship limitations, five years not having lapsed since the earlier visa application, five years having elapsed during the review process, and a genuine and continuing relationship.
• Pham (Migration) [2021] AATA 4906, Subclass 309: the reported issues were a sponsorship limitation, an application made less than five years after the sponsor's permanent visa was granted, the limitation period having since passed, and a decision made without a hearing being necessary.
• 1620095 (Migration) [2019] AATA 400, Subclass 309: the reported issues were false information, inconsistent information submitted, the Tribunal being satisfied of the visa applicant's identity, and a genuine and continuing relationship.
• Nguyen (Migration) [2018] AATA 5304, Subclass 820: the reported issues were a genuine spousal relationship, marital status with Centrelink, inconsistencies between the applicant and sponsor at the hearing, and a 19-year age difference.
• Nguyen (Migration) [2020] AATA 3891, Subclass 820: the reported issues were natural justice, circumstances beyond the applicant's control, a hearing postponed because of COVID-19, and the death of the sponsor.

These decisions do not mean that any particular review will succeed. They show that advice about onshore eligibility, Schedule 3, sponsorship limitations and the consistency of evidence goes to the heart of partner visa decisions, and that the facts as finally established can differ from the facts first assumed. That is the reason a partner visa second opinion examines the visa history, the dates and the evidence directly rather than relying on a summary. The guide to when you need a visa appeal lawyer explains how review matters are prepared.

How My Migration Lawyers gives a partner visa second opinion

My Migration Lawyers gives a partner visa second opinion by reviewing the advice, the file and any decision against the law and the couple's full history, and then giving clear written advice on what to do next and by when. The firm deals with complex partner visa cases as a regular part of its work, acts in many partner visa second opinion matters where a couple has been told they cannot apply onshore, has received a section 57 letter or has been refused, and is capable of handling those matters from the first review through to lodgement or Tribunal review.

The work on a partner visa second opinion follows a set sequence.

• Deadline check. The firm first identifies any deadline: the 28-day review period after a refusal, the response period in a section 57 letter or section 56 request, or the expiry of a substantive visa. If a deadline is close, the firm advises on what must be lodged first.
• Visa and sponsorship history. The firm obtains the applicant's visa history from the Department's records using the passport details, and confirms the sponsor's previous sponsorships, so that section 48, Schedule 3, condition 8503 and the sponsorship limitation can be assessed on accurate facts.
• Advice review. The firm reads the advice the couple received and identifies each conclusion in it, the rule each conclusion relies on, and the facts each conclusion assumes.
• File review. The firm reviews the lodged or draft application, the relationship statement and the Form 888 statements for validity, eligibility and consistency, and identifies gaps and inconsistencies for the couple and their witnesses to correct and confirm in their own words.
• Decision review. Where there is a refusal or a Department letter, the firm reads the decision record or letter, identifies each ground, and assesses what evidence and submissions could answer it.
• Written advice. The firm gives written advice that confirms or differs from the first advice, explains why by reference to the law and the facts, sets out the risks and the alternatives, and states every deadline.
• Next steps. If the couple wish the firm to act, the firm sets out the scope and fixed fee in a written costs agreement and, once engaged, lodges the application, the response or the Tribunal application within time.

Weiwei Zhang, Principal Lawyer, leads the firm's partner visa practice. You can read more about My Migration Lawyers, learn about Weiwei Zhang, and read how the firm works as partner visa lawyers. The firm's guides on partner visa lawyers in Australia, choosing partner visa lawyers, when an immigration lawyer is needed for a partner visa, how to choose a partner visa lawyer in Australia, a partner visa lawyer compared with doing it yourself and what happens at an immigration lawyer consultation explain how the firm approaches partner matters more generally.

Consultations are held by video, and My Migration Lawyers gives partner visa second opinions to couples across Australia, including clients of our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. The firm also acts as immigration lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta.

The firm cannot promise any outcome, and a partner visa second opinion will tell you the risks as they are. What it can do is make sure that the decision you make next, whether to lodge, respond or apply for review, rests on accurate facts, the correct law and a clear understanding of the deadline. If you have received a refusal, do not wait: the 28-day period runs from the day you were notified.

Book a Consultation with My Migration Lawyers to arrange a partner visa second opinion on your advice, application or decision. You can also call 1300 040 300.