Do I Need a Lawyer for the Partner Visa Second Stage?

Do I need a partner visa second stage lawyer?

You do not always need a partner visa second stage lawyer, but you should speak to one if anything has changed since your first stage visa was granted. If you and your partner are still together, still living together, have kept the Department informed of every change, and have no new character or immigration issues, the second stage is often straightforward. If the relationship has ended, if there has been family violence, if the sponsor has died, if there are children of the relationship, or if you have spent long periods apart, a partner visa second stage lawyer can identify the legal pathway that still applies and the evidence the Department will expect.

This article is written for people who already hold a temporary partner visa and are approaching the permanent stage. It explains when the second stage is simple, when it is not, what a partner visa second stage lawyer actually checks on the file, and what happens if the permanent visa is refused. It does not repeat the general rules for applying for a partner visa, which are covered in the complete guide to partner visas in Australia. The focus here is the work of the lawyer at stage two.

My Migration Lawyers acts in many second stage matters, including files that come to the firm only when the reminder email arrives from the Department. The firm's partner visa lawyers work by video with couples and former couples across Australia. The sections below set out the issues a partner visa second stage lawyer looks for, so that readers can judge whether their own situation needs advice.

What the second stage is

The partner visa is a two-stage visa. Applicants in Australia lodge one combined application for the temporary Subclass 820 onshore partner visa and the permanent Subclass 801 visa. Applicants outside Australia lodge one combined application for the temporary Subclass 309 offshore partner visa and the permanent Subclass 100 visa. The first stage is the temporary visa. The second stage is the decision on the permanent visa. The Subclass 820 vs Subclass 801 explainer sets out how the two onshore stages fit together.

Under paragraph 801.221(2)(d) of the Migration Regulations 1994, at least two years must generally have passed since the combined application was made before the Subclass 801 visa can be granted. The Subclass 100 has an equivalent two-year rule. The Department's procedural instruction for the Subclass 801 records that, about 22 months after the application was made, the Department sends a reminder email to the applicant's nominated email address. That email says the applicant can be considered for the permanent visa and asks for information to be uploaded through ImmiAccount.

The second stage is not a new application in a standard case

In a standard case no new application form is lodged for the second stage and no second visa application charge is paid. The Department's policy states that the charge paid at lodgement is the only charge for the combined Subclass 820 and Subclass 801 application. As at October 2026 the Department of Home Affairs lists the partner visa application charge from AUD 11,710 for most applicants, and from AUD 1,955 for Subclass 300 holders applying in Australia. A lower charge applies from 1 July 2026 to eligible Pacific Island and Timor-Leste citizens, and the current figure for those applicants should be checked on the Department's page. The Subclass 820 visa cost guide explains the charge in more detail.

The fact that nothing new is lodged leads many people to assume the second stage is automatic. It is not. A partner visa second stage lawyer treats it as a fresh decision, because that is what the law requires.

Is the partner visa second stage a formality?

No. The second stage is a fresh assessment of whether the applicant still meets the criteria for the permanent visa at the time of decision. The Department's procedural instruction for the Subclass 801 states that primary applicants must demonstrate that they continue to meet the definition of spouse or de facto partner, and that this is a fresh assessment based on the evidence before the delegate at the time of decision. The assessment may be based on documents alone, or may involve interviewing both partners.

This is the single most important point a partner visa second stage lawyer explains to clients. The Department is not asking whether the relationship was genuine two years ago. It is asking whether the relationship is genuine and continuing now, or whether one of the special provisions applies because it has ended. Evidence that was enough at the first stage may be thin by the second stage if the couple stopped combining their finances, moved to different cities or stopped updating joint documents.

The criteria the Department reassesses

At the second stage the Department reassesses the relationship, the sponsorship and the public interest criteria. Under paragraph 801.221(2)(b) the applicant must continue to be sponsored by the sponsoring partner. Under paragraph 801.221(2)(c) the applicant must continue to be the spouse or de facto partner of the sponsoring partner. The four assessed aspects of the relationship, which are the financial aspects, the nature of the household, the social aspects and the nature of the commitment, are weighed again, as explained in the guide to evidence of a genuine relationship.

The public interest criteria are also assessed again. Clause 801.223 requires the applicant to satisfy criteria dealing with character, security, debts to the Commonwealth and health, and, for applicants who were 18 or over at the time of application, the values statement. A partner visa second stage lawyer checks each of these against what has happened since the first stage, not only against what was true at lodgement.

Health and character checks at the second stage

The Department's policy states that applicants who received a health clearance for the Subclass 820 visa are not ordinarily required to undergo further health checks at the permanent stage. Repeat medical examinations may be requested where the Department believes a health condition was not disclosed, where it has information that the applicant's health has changed, or where the temporary visa ceased more than 12 months before assessment of the permanent visa began.

Character checks are different. The policy requires a current police certificate, generally valid for 12 months, for any country in which the applicant has lived for a cumulative period of 12 months or more since the Subclass 820 visa was granted. A partner visa second stage lawyer checks the timing of those certificates so that they are current when the case officer opens the file, and checks whether any new charge, conviction or court order needs to be disclosed. The Form 80 guide explains how personal history must be kept consistent across forms.

When is the partner visa second stage simple?

The partner visa second stage is usually simple when the couple are still together, live at the same address, have continued to combine their lives, have notified the Department of any changes, and have no new character, health or immigration issues. In that situation the main task is gathering current evidence across the four assessed aspects, uploading current police certificates where required, and updating the Department on anything new.

Couples in that position often manage the second stage themselves. They usually upload an updated relationship statement, two Form 888 statements from people who know them, and documents showing the joint finances, the shared household, the social recognition of the relationship and their commitment to each other. The partner visa document checklist, the 820 partner visa evidence checklist and the guide on preparing evidence of a genuine relationship explain the categories of evidence. The Form 888 statements are covered in who can make a Form 888 and what it should say and in Form 888 example answers and common mistakes.

Even simple files can benefit from one review. A partner visa second stage lawyer can read the first stage application, compare it with the second stage evidence, and identify inconsistencies before the case officer does. Dates of addresses, dates of travel, employment history and names of children are the details most often recorded differently at the two stages.

Signs that the second stage is not simple

The second stage is not simple if any one of the following applies.

• The relationship has ended, or the couple have separated and reconciled.
• There has been family violence committed by the sponsor, whether or not the relationship has ended.
• The sponsor has died.
• A child has been born, adopted or added to the family, or there are parenting arrangements after a separation.
• The couple have lived in different cities or countries for long periods.
• The applicant or the sponsor has been charged with or convicted of an offence since the first stage.
• The sponsor has threatened to withdraw, or has withdrawn, the sponsorship.
• The applicant has changed address, employment or family circumstances and has not told the Department.
• The applicant has received a request for more information or a natural justice letter at the second stage.

Each of these situations is discussed below, with the work a partner visa second stage lawyer does on each one. A couple who recognise their own situation in this list should obtain advice before uploading anything further. The page on when an immigration lawyer is needed for a partner visa explains the broader question of when advice is worth obtaining.

What does a partner visa second stage lawyer check?

A partner visa second stage lawyer checks the whole file, not just the new documents. The lawyer compares what was lodged at the first stage with what is true now, identifies which provision of clause 801.221 or clause 100.221 the applicant will rely on, checks whether every change of circumstances has been notified, reviews the evidence for gaps and inconsistencies, and checks the timing of police certificates and other time-sensitive documents.

The sequence matters. A partner visa second stage lawyer starts with the law that will apply, because the evidence needed for a continuing relationship is completely different from the evidence needed for a family violence claim or a sponsor death claim.

The first stage file

The lawyer begins with the first stage application. That includes the application form, the sponsorship, the relationship statement, the Form 888 statements, the Form 80 if one was lodged, and every request and response during first stage processing. Where the applicant prepared the first stage personally, the lawyer often finds details that need to be explained at the second stage. People who lodged their own application can read about hiring an immigration lawyer after lodging your own application.

My Migration Lawyers obtains the applicant's visa history itself where it is needed. The firm does not ask clients to find old bridging visa grant notices or old application forms that people realistically do not keep.

The current relationship evidence

The lawyer then reviews the current evidence across the four assessed aspects. The relationship statement and the Form 888 statements are the couple's own evidence and the witnesses' own evidence. A partner visa second stage lawyer does not write that evidence for them. The lawyer reviews it, identifies gaps and inconsistencies, and the people concerned correct and confirm their own words. The partner visa relationship statement guide explains what the statement should cover.

Notifications and contact details

The lawyer checks whether the Department has been told about every relevant change. Section 104 of the Migration Act 1958 requires an applicant to notify the Department of changes in circumstances, which is done on Form 1022. Subsection 52(3B) requires an applicant to tell the Department about any change in contact details, which can be done on Form 929 or through ImmiAccount. A partner visa second stage lawyer treats an unnotified change as a problem to be fixed before the case officer finds it.

Time-sensitive documents

The lawyer checks the dates on police certificates, identity documents and passports. A passport that has been renewed since the first stage must be updated with the Department. Police certificates that will expire before the case officer is likely to assess the file may need to be obtained again.

Partner visa second stage after the relationship has ended

If the relationship has ended before the permanent visa is decided, the applicant can only be granted the Subclass 801 visa if one of the special provisions applies: family violence committed by the sponsor, the death of the sponsor, or a child of the relationship for whom both parents have custody, access or maintenance rights or obligations. If none of those provisions applies, the permanent visa will be refused. This is the situation in which a partner visa second stage lawyer is most needed.

Subclause 801.221(6) applies where the partner relationship has ceased since the Subclass 820 visa was granted, and either family violence has occurred or there are child custody, access or maintenance arrangements. Applicants who meet subclause 801.221(6) do not have to wait two years from lodgement. Under paragraph 801.221(6)(b) the applicant must show that they were the spouse or de facto partner of the sponsor until the relationship ceased. That means the applicant must still prove that the relationship was genuine while it lasted.

Many people in this situation do not know these provisions exist. Others assume that the end of the relationship automatically ends the application. The article on what happens when a Subclass 820 relationship breaks down explains the general rules. The role of a partner visa second stage lawyer is narrower and more practical: to identify which provision applies, if any, and to make sure the Department receives the evidence that provision requires.

The Department may cancel the temporary visa

The Department's procedural instruction for the Subclass 801 describes the process where a Subclass 820 visa is cancelled because the relationship has broken down. The Department cancels the temporary visa, gives the applicant natural justice on refusing the permanent visa because they no longer hold the Subclass 820 visa, and then finalises the permanent application. The instruction notes that it is open to the applicant to seek revocation of the cancellation. A former partner who receives a notice of intention to consider cancellation needs advice at once, and the firm's page on visa cancellations explains the cancellation process.

When the sponsor withdraws the sponsorship

A sponsor who leaves the relationship may tell the Department that they withdraw the sponsorship. In a continuing relationship case, paragraph 801.221(2)(b) requires the applicant to continue to be sponsored, so a withdrawal is fatal to that pathway. It does not prevent reliance on the family violence, child or sponsor death provisions, which are designed for relationships that have ended. A partner visa second stage lawyer assesses quickly whether a special provision applies, because the Department may move to decision once the withdrawal is received.

Separation and reconciliation

Some couples separate and later reconcile before the second stage. The applicant must still be the spouse or de facto partner of the sponsor at the time of decision. A partner visa second stage lawyer reviews how the separation was recorded, whether it was notified, and how the reconciliation is evidenced, so that the second stage file gives an honest and consistent account. Failing to disclose a separation can create a much larger problem than the separation itself, because providing false or misleading information can engage the integrity criterion discussed in why partner visas get refused.

Family violence at the partner visa second stage

An applicant whose relationship has ended can still be granted the permanent visa if the applicant, a dependent child of the applicant, or a dependent child of the sponsor or of both of them, has suffered family violence committed by the sponsor. This is subparagraph 801.221(6)(c)(i). The Department's policy states that there is no requirement for a cause-and-effect link between the family violence and the end of the relationship, but the family violence, or part of it, must have occurred while the relationship existed.

The sponsor is taken to have committed family violence only in the circumstances set out in regulation 1.23 of the Migration Regulations 1994, and the evidence rules are in Division 1.5. A claim can be judicially determined, for example through certain court orders, or non-judicially determined. For a non-judicially determined claim, the Department's policy on Division 1.5 states that the alleged victim must provide a statutory declaration under regulation 1.25, together with at least two prescribed documents. If the Department is not satisfied, it must seek the opinion of an independent expert. The firm's family violence partner visa lawyers page explains the provisions in more detail.

What a partner visa second stage lawyer does on a family violence claim

A partner visa second stage lawyer does four things on a family violence claim. First, the lawyer establishes that the relationship was genuine until it ended, because the claim fails without that. Second, the lawyer identifies whether the claim is judicially or non-judicially determined and which prescribed documents are available. Third, the lawyer reviews the statutory declaration, which is the applicant's own account in the applicant's own words, for completeness, consistency with the rest of the file and compliance with the formal requirements. Fourth, the lawyer checks that each attachment is properly referred to and that the documents from police, medical practitioners, counsellors or other prescribed persons meet the regulation.

The work is sensitive, and the safety of the applicant comes first. My Migration Lawyers holds consultations by video, which allows applicants to speak from a safe place. The firm does not tell an applicant what happened to them. It explains what the law requires and helps the applicant present their own evidence correctly.

When the sponsor has died before the second stage

If the sponsor has died after the Subclass 820 visa was granted, the applicant can still be granted the Subclass 801 visa under subclause 801.221(5) if the relationship would have continued had the sponsor not died, and the applicant has developed close business, cultural or personal ties in Australia. The Department's policy states that the original or a certified copy of the death certificate must be provided, and that the applicant does not have to wait two years.

The Subclass 100 has equivalent provisions in subclauses 100.221(3) and 100.221(4B) for applicants whose sponsoring partner died before the permanent visa is decided. A partner visa second stage lawyer checks which of those subclauses applies, because subclause 100.221(3) is tied to the applicant having entered Australia on the Subclass 309 visa.

What a partner visa second stage lawyer does after the sponsor's death

The lawyer has two evidence tasks after a sponsor's death. The first is to show that the relationship was genuine and continuing up to the date of death and would have continued. That often means evidence of the couple's life together in the final months, including evidence of care during illness, and statements from family and friends. The second is to show close business, cultural or personal ties in Australia. That can include employment, community involvement, property, friendships, the sponsor's family and children. A partner visa second stage lawyer reviews the evidence for each limb separately so that neither is overlooked at a difficult time.

Children of the relationship at the second stage

Children affect the second stage in three ways: they may give the applicant a pathway after separation, they may need to be added to the permanent application, and they may trigger police check requirements for the sponsor. A partner visa second stage lawyer checks all three.

Children after separation

Subparagraph 801.221(6)(c)(ii) allows the permanent visa to be granted after the relationship has ended if the applicant has custody or joint custody of, or access to, a child, or has a residence order or contact order under the Family Law Act 1975, and the sponsor has been granted joint custody or access by a court, has a residence or contact order, or has an obligation under a child maintenance order or another formal maintenance obligation. The Department's policy states that, where a child is the child of both the applicant and the sponsor, the applicant has custody unless the sponsor has sole custody. Parenting orders, parenting plans and court orders giving access can assist.

Adding a child at the second stage

A child born in Australia acquires Australian citizenship at birth if a parent was an Australian citizen or Australian permanent resident at the time of the birth, so most children of a sponsor do not need to be added. Where a child is not a citizen, the rules depend on timing. The Department's policy explains that a newborn is added to the application under regulation 2.08, and that a dependent child who is not yet included generally needs a Subclass 445 visa before being added to the permanent application under regulation 2.08A. A partner visa second stage lawyer works out which rule applies before the case officer reaches the file.

Sponsor police checks where children are included

The Department's policy states that certain sponsors must provide police checks if they are sponsoring an applicant who is under 18. This relates to the criteria about the best interests of children. Where the sponsor provided police checks at the first stage, the requirement may be treated as met unless adverse information exists. The sponsorship limitations page and the article on when a sponsor cannot sponsor a partner visa explain the sponsor-side rules.

Long separations and living apart before the second stage

Living apart does not automatically end a partner relationship, but long periods apart must be explained with evidence. The Department will ask whether the couple still have a mutual commitment to a shared life to the exclusion of all others, and whether any separation is only temporary. A partner visa second stage lawyer looks at why the couple lived apart, for how long, how they stayed in contact, how they supported each other financially, and when and how they lived together again.

Common reasons include work in another city, caring for a parent overseas, study or a family emergency. The lawyer checks that the reason is documented, that travel records match the account in the relationship statement, and that the applicant's address history has been notified. The Subclass 801 can be granted when the applicant is in or outside Australia, but a refusal can only be reviewed if the applicant is in Australia when the review application is made. That point is covered in the section on refusal below.

Long separations for Subclass 309 and Subclass 100 holders

Couples on the offshore pathway often spend part of the first stage period apart while the applicant arranges to move to Australia. That is expected. At the Subclass 100 stage, the Department looks at whether the couple have been living together since the applicant arrived, or why they have not. A partner visa second stage lawyer reviews the arrival date, the shared address and the evidence of the household that was established. The Subclass 300 prospective marriage visa pathway raises similar questions for couples who married after arrival.

New criminal charges or convictions before the second stage

A criminal charge or conviction after the first stage does not automatically end the application, but it must be disclosed and it can affect the character assessment. The Subclass 801 visa requires the applicant to satisfy public interest criterion 4001, which deals with the character test in section 501 of the Migration Act 1958. A partner visa second stage lawyer reviews the charge or conviction, the sentence, the court documents and the timing, and advises on what must be disclosed and how the Department may assess it.

New charges also affect the sponsor's side of the file in some cases, particularly where children are included. The lawyer checks whether the sponsor's position has changed in a way that engages the sponsorship rules. Applicants who are facing charges should seek advice before the second stage assessment begins, not after the Department writes. The guide to urgent immigration lawyer advice explains what to prepare.

Debts to the Commonwealth and other public interest criteria

The public interest criteria at the second stage also include criterion 4004 on debts to the Commonwealth. Unpaid debts arising from Commonwealth services can affect the decision. A partner visa second stage lawyer asks about any such debts and whether an arrangement to repay has been made.

Change of address, employment and Form 1022 at the second stage

Every relevant change since the first stage should have been notified to the Department, and a partner visa second stage lawyer checks that it was. Section 104 of the Migration Act 1958 requires notification of changes in circumstances, which is done on Form 1022. Changes in contact details must be notified under subsection 52(3B), which can be done on Form 929 or through ImmiAccount.

The Department's policy for the Subclass 801 also states that applicants are expected to notify changes in the composition of their family unit, for example a birth, a death or a change in relationship status. Where changes were not notified, a partner visa second stage lawyer prepares a clear notification before the second stage evidence is uploaded, so that the file tells one consistent story. The Form 1022 guide explains when the form must be lodged.

Why the address record matters

If the Department cannot contact the applicant, the policy states that a delegate must proceed to decide the application on the information available. Missed emails can therefore lead to a decision made without the applicant's current evidence. Keeping the address and email up to date is a simple step that prevents a serious problem. Where a representative has been appointed using Form 956, the Department corresponds with the representative.

What if the Department asks for more information at the second stage?

If the Department asks for more information at the second stage, the request must be answered completely and within the time given. A request under section 56 of the Migration Act 1958 asks the applicant to provide further information. A letter under section 57 invites the applicant to comment on adverse information that may be used to refuse the visa. A partner visa second stage lawyer reads the request, identifies exactly what the case officer is concerned about, and reviews the response before it is sent.

The guide to responding to a section 56 request for more information and the guide to the section 57 natural justice letter explain each type of letter. At the second stage, a natural justice letter often concerns information from the sponsor, such as a claim that the relationship ended earlier than the applicant has said, or information from Department records, such as travel that does not match the relationship statement. A partner visa second stage lawyer checks the adverse information against the whole file and helps the applicant answer it accurately in their own words.

Interviews at the second stage

The Department's policy allows the delegate to interview both partners at the permanent stage. An interview is not an accusation. It is a way of testing the relationship. A partner visa second stage lawyer explains the process, reviews the file with the applicant so that the applicant understands what was previously said, and does not coach answers. Honest and consistent evidence is what matters.

What happens if the partner visa second stage is refused?

If the Subclass 801 visa is refused, the applicant can apply to the Administrative Review Tribunal for merits review, but only within 28 days after being notified of the decision and only while the applicant is in Australia. Under subsection 338(2) of the Migration Act 1958, a refusal of the Subclass 801 visa (other than a decision under section 501) is a reviewable migration decision. The Department's policy states that the review application must be made by the applicant and may only be made while the applicant is physically present in Australia.

The deadline is strict. Under subsection 347(3), the review application 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. The timeframe cannot be extended. A late application is not properly made and the ART has no jurisdiction to hear it. A partner visa second stage lawyer calculates the deadline from the notification date the day the decision arrives.

The ART fee as at October 2026

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

What happens to the temporary visa after a refusal

The Department's policy explains that notification of a Subclass 801 refusal causes the Subclass 820 visa to cease. The bridging visa that was granted with the combined application then comes back into effect, so the applicant remains lawful while deciding whether to seek review. The policy for the Bridging A visa records that, for a Bridging A visa granted on or after 19 November 2016, the bridging visa ceases 35 days after the decision if no review is sought. If a valid review application is made, the bridging visa continues. A partner visa second stage lawyer confirms which bridging visa the applicant holds and what conditions apply to it. The guide to bridging visas in Australia and the article on Bridging visa A explain how bridging visas work.

If the ART later decides in the applicant's favour, subclause 801.221(8) allows the permanent visa to be granted even though the applicant no longer holds the Subclass 820 visa. That subclause exists because the refusal itself caused the temporary visa to cease.

Review is different for the Subclass 100

Review rights for a Subclass 100 refusal depend on where the applicant is. The Department's policy for the Subclass 100 states that an offshore applicant who is refused while outside Australia has no merits review rights. An applicant who is refused while inside Australia can apply for review under subsection 338(7A), but must make the application personally and must be in Australia. The ART policy confirms that if a Subclass 309 holder is outside Australia when the Subclass 100 is refused, there is no right to merits review.

This is a point a partner visa second stage lawyer raises with Subclass 309 holders early. A holder who is spending long periods overseas when the second stage is being assessed may be left with no review right if the decision is a refusal. The Department's Subclass 801 policy notes a similar risk for onshore applicants who are overseas at the time of decision, and allows a delegate to defer a decision for up to three months in some cases, but that is not a reason to rely on a deferral.

Who applies for review at each stage

At the first stage, a Subclass 309 refusal for an applicant outside Australia is reviewed on the application of the Australian sponsor under subsection 338(5). At the second stage, the review application is made by the applicant, not the sponsor. This distinction matters when the relationship has ended, because the former sponsor has no role in seeking review of the permanent visa refusal. The firm's partner visa refusals page and the guide to partner visa refusal appeal options explain the review pathway, and the general visa refusals page covers other visa types.

What Tribunal decisions show about second stage issues

Tribunal decisions show that the issues which decide second stage matters, such as a relationship that has ceased, family violence, the death of the sponsor and children of the relationship, are regularly reconsidered on review. In each decision below, the Tribunal remitted the matter. Remitted means the Tribunal sent the matter back to the Department to reconsider in accordance with the Tribunal's directions or findings. The headnotes record the visa as Subclass 820, which is the onshore combined application. The descriptions below record only the issues reported in each decision's headnote.

• Siyad (Migration) [2025] ARTA 2129, Subclass 820: the reported issues were a relationship that had ceased, a genuine and continuing relationship before family violence, coercive control, and joint utility and tenancy accounts.
• 2538577 (MIGRATION) [2026] ARTA 1176, Subclass 820: the reported issues were a relationship that had ceased, a genuine and continuing relationship before family violence, pooling of financial resources and shared household responsibilities.
• Ma (Migration) [2025] ARTA 148, Subclass 820: the reported issues were that the relationship with the visa sponsor had ceased, that the applicant was a victim of family violence, and that the parties had been in a genuine and continuing relationship.
• Haikin (Migration) [2019] AATA 3241, Subclass 820: the reported issues were a withdrawn sponsorship, a relationship with the sponsor that had ceased, and a victim of family violence.
• Phan (Migration) [2020] AATA 513, Subclass 820: the reported issues were a relationship that had ceased, a withdrawn sponsorship, a child of the relationship and confirmation of biological parentage.
• Rafique (Migration) [2020] AATA 1827, Subclass 820: the reported issues were withdrawal of sponsorship, a relationship that had ceased, a child from that relationship and a valid marriage.
• 1914124 (MIGRATION) [2023] AATA 3931, Subclass 820: the reported issues were that the sponsor was deceased, a registered relationship, acceptance of a genuine and continuing relationship, and the applicant's close business, cultural or personal ties.
• Poblete (Migration) [2024] AATA 129, Subclass 820: the reported issues were a genuine and continuing relationship until the sponsor's death, the financial, household and social aspects of the relationship and the nature of the commitment, a long relationship and personal ties.
• 2215861 (MIGRATION) [2025] ARTA 2923, Subclass 820: the reported issues were a genuine and ongoing relationship, supportive statements, a deceased sponsor and multiple international visits.
• Vu (Migration) [2023] AATA 2881, Subclass 820: the reported issues were a genuine and continuing relationship, limited documentary evidence provided to the Department, extensive documentary evidence and submissions provided to the Tribunal, a valid marriage and a relationship that ceased amicably.

These decisions do not decide any other person's case, and they do not show that review will succeed. They show the kinds of evidence that matter where a relationship has ended or a sponsor has died: the genuineness of the relationship while it lasted, the family violence evidence, the child arrangements and the ties to Australia. They also show why a partner visa second stage lawyer assembles that evidence before the Department decides, rather than for the first time on review. The Vu decision in particular records that the evidence before the Tribunal was far more extensive than the evidence given to the Department. The article on why Subclass 820 visas are refused and the guide to when you need a visa appeal lawyer explain what review involves.

Partner visa second stage lawyer or doing it yourself?

Couples with a continuing relationship and no changes can often prepare the second stage themselves. A partner visa second stage lawyer is most useful where the law that will apply is uncertain, where the evidence must prove something other than a continuing relationship, or where a mistake would be hard to correct. The comparison of a partner visa lawyer and doing it yourself sets out the general considerations.

Some applicants were represented at the first stage by a migration agent or another lawyer and now want different help at the second stage. Changing representatives is a routine step. The guides on changing your immigration lawyer and getting a second opinion from an immigration lawyer explain the process. The differences between the professions are set out factually in migration agent vs immigration lawyer and partner visa: migration agent or lawyer.

How fees work for second stage help

My Migration Lawyers charges fixed fees under a written costs agreement. The scope of the work at the second stage is set out in that agreement before work starts. The articles on fixed-fee immigration lawyers, partner visa lawyers in Australia and how fees work and how much an immigration lawyer costs in Australia explain what a fixed fee quote should cover. The visa application charge is a government charge, not a professional fee, and in a standard case it is not paid again at the second stage.

Choosing a partner visa second stage lawyer

A partner visa second stage lawyer should be able to explain which provision of clause 801.221 or clause 100.221 applies to your situation, what evidence that provision requires, and what the risks are. The guides on how to choose a partner visa lawyer in Australia, partner visa lawyers, partner visa lawyer Australia and booking an immigration lawyer consultation explain what to look for and what to expect from a first consultation.

How My Migration Lawyers handles a partner visa second stage

My Migration Lawyers handles a partner visa second stage matter by identifying the legal pathway first and then reviewing the evidence against that pathway. The firm deals with complex cases as a regular part of its work. It acts in many second stage matters of exactly this type, including files where the relationship has ended, where there has been family violence, where the sponsor has died and where children are involved, and it is capable of handling them from the reminder email through to the decision and, if needed, review.

The work on a second stage matter follows a set sequence.

• File review. The firm reviews the first stage application, the relationship statement, the Form 888 statements and all correspondence with the Department, and obtains the visa history itself where needed.
• Pathway advice. The firm advises whether the applicant relies on a continuing relationship, the family violence provisions, the sponsor death provisions or the child provisions, and explains what each requires.
• Notifications. The firm checks that every change of address, employment, family composition and relationship status has been notified on Form 1022 or Form 929, and prepares any notification that is outstanding.
• Evidence review. The relationship statement and Form 888 statements are the people's own evidence. The firm reviews them, identifies gaps and inconsistencies with the first stage file, and the people correct and confirm their own words.
• Character and time-sensitive documents. The firm checks police certificate timing, passport details and any new charges, convictions or debts, and advises on disclosure.
• Upload and correspondence. The firm uploads the second stage material through ImmiAccount as the appointed representative and responds to any section 56 request or section 57 letter.
• Refusal response. If the permanent visa is refused, the firm calculates the 28-day deadline from notification, confirms the applicant is in Australia, and advises on review at the ART.

Weiwei Zhang, Principal Lawyer, leads the firm's partner visa practice. You can read more about My Migration Lawyers and about Weiwei Zhang. Clients who need a partner visa second stage lawyer can work with the firm wherever they live, because consultations are held by video.

My Migration Lawyers acts for applicants 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. What it can do is make sure the Department receives the evidence the law requires for your situation, at the right time, with every change properly notified. If the 22-month reminder has arrived, or your circumstances have changed since the first stage, speak to a partner visa second stage lawyer before you upload anything further.

Book a Consultation with My Migration Lawyers to have your second stage file reviewed. You can also call 1300 040 300.