Partner Visa Sponsor Representation: Can One Lawyer Act for Both?

Partner visa sponsor representation is the question of who the lawyer acts for when an Australian citizen, permanent resident or eligible New Zealand citizen sponsors a partner for a Subclass 820, Subclass 309 or Subclass 300 visa. In most Australian partner visa matters, the answer to partner visa sponsor representation is that one lawyer can act for both the sponsor and the applicant, but only on the terms the professional conduct rules require.

Those terms matter more than many couples expect. The sponsor and the applicant are two different clients with two different legal roles, and each is owed duties of loyalty and confidentiality. This guide explains how joint partner visa sponsor representation works, what the Australian Solicitors' Conduct Rules 2015 say about acting for two clients in the same matter, what "informed consent" means in practice, how confidential information is handled, how Form 956 appointments work for each partner, and what happens if the interests of the sponsor and the applicant later move apart.

For the overall visa framework, the complete guide to partner visas in Australia sets out each subclass and stage. The firm's partner visa lawyers page explains the work it does for sponsors and applicants.

Partner visa sponsor representation: can one lawyer act for both partners?

Yes. One lawyer can act for both the sponsor and the visa applicant in a partner visa matter, provided each of them is aware that the lawyer also acts for the other and each has given informed consent to that arrangement.

That is the effect of rule 11.3 of the Australian Solicitors' Conduct Rules 2015. The rule recognises that two clients can have overlapping goals in the same matter. In a partner visa, both partners usually want the same outcome: the grant of the visa to the applicant on the basis of a genuine and continuing relationship with the sponsor. Joint partner visa sponsor representation is therefore common and is often the most practical arrangement.

It is not automatic, however. Rule 11.1 requires a solicitor and a law practice to avoid conflicts between the duties owed to two or more current clients. Rule 11.2 says that where clients' interests are adverse and there is a conflict or potential conflict between the duties to act in the best interests of each client, the solicitor must not act, except where rules 11.3 and 11.4 permit it. So the starting point for partner visa sponsor representation is not that a couple is one client. The starting point is that the sponsor and the applicant are two clients, and the lawyer must be satisfied that acting for both is permissible and in the best interests of each.

In practical terms, that leads to three possible positions at the start of a matter:

• A joint retainer is appropriate. The partners' interests are aligned, there is no known information that one partner needs kept from the other, and both give informed consent.
• A joint retainer is possible with agreed terms. There is information that may be sensitive, such as a sponsor's old conviction, and both partners agree in advance how it will be shared or protected.
• Separate representation is more suitable. The interests are already adverse, or one partner holds confidential information that is material to the other and will not consent to it being used.

The firm's guide to the Subclass 820 partner visa, the Subclass 309 partner visa and the Subclass 300 prospective marriage visa explain the criteria each partner must meet. The partner visa sponsor representation question applies to all three.

Why are the sponsor and the applicant separate clients?

The sponsor and the applicant are separate clients because the Migration Regulations give them separate legal roles: the applicant applies for the visa, while the sponsor applies to be approved as a sponsor and gives a sponsorship undertaking that binds the sponsor personally.

The visa application belongs to the applicant. The applicant answers questions about identity, visa history, health, character and the relationship. The applicant must meet the Schedule 2 criteria for the subclass, the public interest criteria and, for an onshore application, any Schedule 3 criteria. The applicant is also the person who must tell the Department about relevant changes in circumstances. The Department's policy on the Subclass 820 visa notes that section 104 of the Migration Act requires applicants to notify changes such as the end of the relationship.

The sponsorship is the sponsor's own application. The sponsor completes the sponsorship form, provides evidence of Australian citizenship, permanent residence or eligible New Zealand citizenship, discloses previous sponsorships and relationships, provides police checks where requested, and consents or declines to consent to the disclosure of relevant convictions. The firm's guide to the Form 40SP sponsorship form and the short answers on what Form 40SP is and what Form 47SP is explain the two forms.

The sponsor also signs an undertaking. The guide to what the sponsor signs in the undertaking and the article on partner visa sponsor obligations after grant explain what the sponsor is promising. Those obligations are the sponsor's, not the applicant's.

The Department then assesses each role against different rules. The sponsor is assessed under the sponsorship provisions, including the limitation on approval of partner sponsorships in regulation 1.20J and the relevant offence provisions in regulations 1.20KC and 1.20KD. The applicant is assessed under Schedule 2. The approval of the sponsorship is part of the visa decision rather than a separate decision, which is explained in the guides to the partner visa sponsorship assessment and when sponsorship approval is decided.

Because the roles are separate, partner visa sponsor representation is really two engagements running side by side in one matter. The lawyer advises the sponsor on the sponsor's obligations and risks, and advises the applicant on the applicant's criteria and risks. In most couples those two sets of advice point the same way. Where they do not, the conduct rules decide what the lawyer can do.

What is a joint retainer in partner visa sponsor representation?

A joint retainer is an engagement in which one law practice is retained by two or more clients in the same matter, so that in partner visa sponsor representation the firm acts for the sponsor and the applicant together on the one application.

A properly documented joint retainer should deal with at least five things:

• Who the clients are. The engagement should name both the sponsor and the applicant as clients, and say whether any other person, such as an adult dependent child, is also a client.
• The scope of the work. It should say which stages are covered, for example the temporary and permanent stages of the partner visa two-stage process, responses to requests, and whether review is included.
• Instructions. It should say how instructions are given, for example whether either partner can instruct on routine matters and whether both must agree on significant decisions such as lodgement or withdrawal.
• Information sharing. It should say how information given by one partner will be treated, including whether it may be shared with the other partner for the purpose of the matter.
• What happens on a conflict. It should explain that if a conflict arises the firm may only be able to continue for one partner, or may have to cease acting for both.

The firm's guide to what a partner visa lawyer costs agreement should cover explains the written engagement more generally. In joint partner visa sponsor representation, the conflict and information-sharing terms are the parts couples most often skim and most often need later.

Who pays is a separate question from who the client is. One partner may pay for the whole matter, but that does not make the paying partner the only client. The duties owed under the conduct rules are owed to each client, regardless of who pays. The firm's short answer on who pays the partner visa fee, the applicant or the sponsor deals with the Department's charge, which is a different matter again.

What do the Australian Solicitors' Conduct Rules say about acting for both?

The Australian Solicitors' Conduct Rules 2015 allow a solicitor to act for two clients in the same or related matters where their interests may conflict only if each client is aware the solicitor also acts for the other and each has given informed consent, and always subject to the duty to act in the best interests of each client.

Four rules do most of the work in partner visa sponsor representation:

• Rule 11.1 requires a solicitor and a law practice to avoid conflicts between the duties owed to two or more current clients.
• Rule 11.2, headed "Duty of loyalty", prohibits acting for two clients in the same or related matters where their interests are adverse and there is a conflict or potential conflict of the duties to act in the best interests of each, except where rules 11.3 and 11.4 permit.
• Rule 11.3 permits acting in those circumstances only if each client is aware that the solicitor is also acting for another client and has given informed consent to the solicitor so acting.
• Rule 11.4, headed "Duty of confidentiality", adds a further condition where the solicitor holds information confidential to one client that might reasonably be concluded to be material to the other client's matter and detrimental to the first client if disclosed.

Rule 11.5 then deals with conflicts that arise during the matter, and rule 9 deals with confidentiality generally. Both are discussed later in this guide.

Two features of these rules matter in partner visa sponsor representation. First, the rules apply to potential conflicts, not only actual ones. A couple who are happily together today still have legally distinct interests. The sponsor has an interest in not being exposed to liability under the undertaking and in keeping private matters private. The applicant has an interest in a secure visa pathway, including the family violence provisions if the relationship ends because of violence. Second, consent does not cure everything. Rule 11.3 is expressly subject to each solicitor discharging the duty to act in the best interests of each client. If acting for both would not be in the best interests of one of them, consent alone does not make it appropriate.

Registered migration agents who are not lawyers are bound by their own Code of Conduct. This guide deals with lawyers. An Australian legal practitioner who holds a current practising certificate can give immigration assistance in connection with legal practice, as the Department's Form 956 recognises. The guides on whether a migration agent can lodge a partner visa and on choosing a migration agent or a lawyer for a partner visa explain the two professions factually.

What does informed consent mean for a couple?

Informed consent in partner visa sponsor representation means that each partner agrees to the joint retainer after the lawyer has explained, in terms that partner understands, what acting for both involves, what information may be shared, and what will happen if their interests diverge.

Consent is not informed simply because both partners signed the same document. Each partner needs enough explanation to make a real choice. In partner visa matters, that explanation usually covers:

• that the lawyer acts for both partners and owes duties to each of them;
• that information one partner gives the lawyer about the matter may need to be shared with the other partner, or used for the other partner's benefit;
• that some information, such as the sponsor's criminal history, has its own disclosure rules under the Migration Regulations;
• that if the relationship ends, or one partner withdraws, the lawyer may only be able to continue for one partner, and only if the other gives informed consent; and
• that each partner is free to obtain separate advice at any time, including before signing.

Language is part of informed consent. Many applicants, and some sponsors, are not fluent in English. Where a partner relies on the other partner to translate the engagement terms, it is difficult to say that the consent is that partner's own. An interpreter, or a separate explanation to each partner, is the safer course. The guide to questions to ask a partner visa lawyer suggests questions each partner can put directly.

Consent should also be revisited when circumstances change. A joint retainer agreed at lodgement may need to be looked at again when a Department letter raises an issue that affects one partner more than the other, such as a sponsor's police certificate or a question about the applicant's previous relationship. The firm's guide to partner visa sponsor requirements sets out the sponsor's criteria that most often trigger that kind of review, and the article on when the sponsor must lodge the sponsorship explains the timing.

Is what the sponsor tells the lawyer confidential from the applicant?

It depends on the terms of the joint retainer. A solicitor must not disclose information that is confidential to a client except in limited circumstances under rule 9.2, but in a joint retainer each partner is a client, so the engagement should say at the outset how information given by one partner will be treated as against the other.

Rule 9.1 prohibits a solicitor from disclosing information that is confidential to a client and acquired during the engagement, subject to the exceptions in rule 9.2. Those exceptions include where the client expressly or impliedly authorises disclosure, where the solicitor is permitted or compelled by law to disclose, where disclosure is made in a confidential setting to obtain advice about the solicitor's legal or ethical obligations, where disclosure is for the sole purpose of avoiding the probable commission of a serious criminal offence, where it is for the purpose of preventing imminent serious physical harm to the client or another person, and where it is to the solicitor's insurer.

In partner visa sponsor representation, the most common way this is handled is by the clients authorising, at the start, the sharing of information relevant to the joint matter. That is an express authorisation under rule 9.2.1. It works well where both partners already know each other's history. It works less well where one partner has something the other does not know about.

The sponsor's criminal history

The sponsor's criminal record is the clearest example. Under regulation 1.20KC, the sponsor must consent to the Department disclosing convictions for relevant offences to the applicant, and expressly declining that consent means the relevant Schedule 2 criterion cannot be met. Department policy also states that the details of the sponsor's convictions must not be put to the visa applicant in natural justice letters or in the refusal notice, and that information about offences against adults, such as family violence, cannot be disclosed to the applicant without the sponsor's consent unless the sponsor was told when police checks were requested that the offences may be disclosed.

That framework protects the sponsor's privacy in the Department's process. It does not answer, for partner visa sponsor representation, what the lawyer may do with the same information under a joint retainer. If a sponsor tells the lawyer about a conviction that the applicant does not know about, and the conviction is material to the applicant's matter, rule 11.4 is engaged. The lawyer may not continue to act for the applicant unless each client's informed consent permits the disclosure and use of that information for the applicant's benefit, or requires an effective information barrier. In a small partner visa matter run by one lawyer, an information barrier is rarely realistic. In practice, the sponsor either agrees that the applicant may be told, or the joint retainer may not be workable.

The firm's guides to partner visa sponsors with a criminal record, the relevant offences under regulation 1.20KC and sponsor police check requirements explain the underlying rules. The short answer on whether a partner visa can be granted when the sponsor has a criminal record gives the applicant's side.

Previous sponsorships and relationships

In partner visa sponsor representation, the second common example is sponsorship history. Under regulation 1.20J, a sponsor is limited to two approved partner sponsorships, and generally cannot have another approved within five years of an earlier partner visa application they sponsored, or within five years of their own application as a sponsored partner, unless there are compelling circumstances affecting the sponsor. A sponsor may not have told the applicant about an earlier sponsored partner. That history must be disclosed to the Department, and the applicant's prospects may depend on the compelling circumstances argument. Partner visa sponsor representation by one lawyer in that situation needs the sponsor's agreement that the history will be discussed openly. The firm's partner visa sponsorship limitations page, the guide on when a sponsor cannot sponsor a partner visa and the short answer on getting help when the sponsor has sponsored a partner before explain the limitation.

The applicant's own history

Confidentiality in partner visa sponsor representation runs both ways. An applicant may have a previous visa refusal, an earlier relationship, children overseas or health issues the sponsor does not fully know about. Those matters must be disclosed to the Department, and the sponsor may need to know about some of them to give consistent evidence. The guides on previous relationship history in a partner visa and on applicants with visa history problems explain what typically comes up. A sponsor's own immigration history can also matter, as the guide to a sponsor with their own visa history problems explains.

How do Form 956 and Form 956A work for the sponsor and the applicant?

Form 956 is the Department's form by which a registered migration agent, legal practitioner or exempt person tells the Department that they have been appointed to give immigration assistance, and in partner visa sponsor representation the sponsor and the applicant are each shown as clients in their own role.

The current Form 956 is titled "Appointment of a registered migration agent, legal practitioner or exempt person". It asks the representative to identify whether the person receiving assistance is a visa applicant, a sponsor or sponsor applicant, a nominator, a proposer, a visa holder facing cancellation, or a person requesting ministerial intervention, and to tick one only. Because a single role is ticked for the client, the applicant and the sponsor are normally each covered by their own appointment. The form also says that a separate Form 956 must be completed for each matter.

The form deals with two different things that are easily confused:

• Appointment as representative. This tells the Department that the lawyer is giving immigration assistance to that client in the matter.
• Authorised recipient. This is a separate authority to receive written communications from the Department on the client's behalf. The form notes that in many cases the representative is also the authorised recipient, but it is a distinct question on the form.

A person who only wants to nominate someone to receive correspondence, without that person giving immigration assistance, uses Form 956A instead. The firm's guide to Form 956 and 956A explains both forms.

Where a lawyer is the authorised recipient, the form explains that written communications about the visa matter are sent to the lawyer and are treated as having been received by the client. That has consequences in a joint retainer. A request under section 56 or a natural justice letter under section 57 sent to the lawyer is treated as received, and the time to respond runs, whether or not the lawyer has yet spoken to both partners. The firm's guides to responding to a section 56 request and to the section 57 natural justice letter explain those letters.

When an appointment ends, Form 956 can be used by the representative to tell the Department that the appointment has ended, or the representative can notify the Department in writing. A client can withdraw an authorised recipient by completing the declaration on the form, by notifying the Department in writing, or by using Form 956A. The short answers on how to contact the Department about a partner visa and using ImmiAccount for a partner visa explain the practical channels.

Who receives the Department's letters in a joint matter?

The Department's letters go to whoever each client has appointed as authorised recipient, so in joint partner visa sponsor representation the lawyer usually receives correspondence for both partners, and the engagement should say how and to whom the lawyer will pass it on.

Correspondence sounds administrative, but it is one of the points where partner visa sponsor representation can go wrong. Some letters are addressed to the applicant only, some to the sponsor only, and some concern information that the Department itself treats as private to one partner. A letter asking the sponsor for consent to disclose convictions, for example, is directed to the sponsor. Department policy says that request should be made to the sponsor directly, not to the visa applicant.

Family violence is the most serious example. Division 1.5 policy directs decision makers to exercise caution if the alleged perpetrator is listed as the authorised recipient, and to give the applicant an opportunity to revise that authority before information about a family violence claim is sent. The same policy says the Department must not disclose to anyone, including the sponsor, whether a family violence claim has been made, without the applicant's written consent. A joint retainer in which the lawyer automatically forwards every letter to both partners would cut across that protection. The engagement terms should therefore allow the lawyer to stop sharing correspondence if a conflict arises. The firm's family violence partner visa lawyers page explains the provisions themselves.

When does joint partner visa sponsor representation work well?

Joint partner visa sponsor representation works well where the partners' interests are aligned, both already know each other's relevant history, both can understand the advice directly, and neither needs any information kept from the other.

That describes most couples who ask about partner visa sponsor representation. A typical example is a married couple lodging a Subclass 820 application onshore, where the sponsor is an Australian citizen with no previous sponsorships and no criminal record, and the applicant holds a substantive visa with no Schedule 3 issue. One lawyer can advise both on the evidence for the four aspects of the relationship, prepare the sponsorship and the application together, and make sure the partners' accounts are consistent.

Consistency is the main practical advantage of joint partner visa sponsor representation. Each partner's relationship statement, the Form 888 statements from friends and family, and the answers each partner gives at any interview must line up on dates, places and events. One lawyer reviewing both accounts can spot a difference before the Department does. The guides on partner visa relationship statements, Form 888 witness statements and conflicting statements in a partner visa explain why. The short answer on whether partners should write separate relationship statements is also relevant: each partner writes their own account, in their own words, and each reviews and corrects it.

Consistency must never become uniformity. The lawyer presents each partner's own account and evidence in the form the law requires. The lawyer does not write a single story for both partners to repeat. Two accounts that read word for word the same are more likely to raise a concern than to resolve one, as the guide to partner visa interview inconsistencies explains.

Which situations need careful assessment before one lawyer acts for both?

Some partner visa matters carry a known risk that the sponsor's and the applicant's interests could diverge, and in those matters partner visa sponsor representation by one lawyer should be assessed carefully before the engagement is signed.

The situations that most often call for that assessment are:

• The sponsor has a criminal record, particularly a conviction for a relevant offence under regulation 1.20KC, and the applicant does not know the details.
• The sponsor has sponsored a partner before, or was sponsored as a partner, and the five-year limitation in regulation 1.20J is in play.
• The applicant has a significant history the sponsor does not know about, such as an earlier refusal, a past identity issue or a previous marriage that has not been formally ended.
• There are signs of pressure or control in the relationship, including one partner speaking for the other, holding the other's documents, or controlling money and communication.
• One partner is financially dependent on the other for everything, including the legal work, and may not feel free to disagree.
• There is a significant language gap, and one partner relies on the other to understand the advice.
• The couple have separated before, or are currently living apart, and there is uncertainty about the relationship continuing.

None of these makes a joint retainer impossible. Each is a reason to talk to both partners about how information will be handled, to consider seeing each partner separately for part of the consultation, and to record each partner's consent carefully. In some cases, the honest advice is that partner visa sponsor representation should be split, with one partner obtaining separate advice. The guides to the partner visa sponsor risk assessment before lodgement and to reviewing a partner visa application before lodgement cover how those risks are identified early.

What happens to partner visa sponsor representation if the relationship breaks down?

If an actual conflict arises between the sponsor and the applicant during the matter, the lawyer may only continue to act for one of them in exceptional circumstances under rule 11.5, and otherwise must stop acting for both.

Rule 11.5 applies where a solicitor acts for more than one client in a matter and, during the matter, an actual conflict arises between the duties owed to two or more of them. The solicitor may only continue to act for one client, or for clients between whom there is no conflict, if two conditions are met:

• any client for whom the solicitor ceases to act has given informed consent to the solicitor continuing to act for the remaining clients; and
• the duty of confidentiality owed to all of the clients, both those for whom the solicitor ceases to act and those for whom the solicitor continues to act, is not put at risk.

A separation is the most common trigger in partner visa sponsor representation. Once the partners separate, the sponsor may wish to withdraw the sponsorship or tell the Department the relationship has ended, while the applicant may wish to rely on the family violence provisions, on a child of the relationship, or on a review. Those positions are adverse. The lawyer cannot advise the sponsor how best to end the sponsorship and, at the same time, advise the applicant how best to keep the application alive.

In that situation the lawyer must stop and assess. Practically, that means:

• not taking further instructions from either partner that would advance one partner's position against the other until the conflict has been assessed;
• identifying what confidential information the lawyer holds from each partner and whether it is material to the other;
• considering whether either partner will give informed consent to the lawyer continuing for the other; and
• confirming in writing to each partner who, if anyone, the lawyer can continue to act for.

Often the answer is that the lawyer cannot continue for either partner, because each partner gave the lawyer information during the joint retainer that could be used against them. Rule 10 then governs what the lawyer may do for either partner in the future, because the other partner becomes a former client. The firm's guides on partner visa relationship breakdown and on what happens if the couple break up during processing explain the visa consequences. The short answer on whether a sponsor can withdraw sponsorship after the application is made explains the sponsor's side.

How do the family violence provisions affect partner visa sponsor representation?

The family violence provisions in Division 1.5 of the Migration Regulations create the sharpest possible conflict in partner visa sponsor representation, because they allow the applicant to continue towards a permanent visa on the basis that the sponsor committed family violence.

Under the Subclass 820 criteria, an applicant whose relationship with the sponsor has ended may still meet the requirements if the applicant, or a dependent child of either or both partners, has suffered family violence committed by the sponsor, or if the applicant has custody of, or access to, a child of the relationship. Equivalent provisions apply at the Subclass 801 and Subclass 100 permanent stages. The Department's policy explains that one purpose of these provisions is to avoid a visa applicant feeling compelled to remain in a violent relationship for fear of losing eligibility for permanent residence.

A lawyer acting for both partners cannot advise the applicant on a family violence claim against the sponsor. The interests are directly adverse. The Department's own process recognises the sensitivity: policy states that once a family violence claim is made, no contact should be made with the alleged perpetrator about the alleged victim or the application, and that decision makers must not disclose whether a claim has been made to anyone without the applicant's written consent.

For that reason, partner visa sponsor representation should be structured so that a family violence concern can be raised safely. If an applicant raises a concern privately, the lawyer must consider rule 9 and rule 11 before saying anything to the sponsor. Rule 9.2.5 permits disclosure of confidential information for the purpose of preventing imminent serious physical harm to the client or another person, but that exception is narrow and does not authorise ordinary sharing. Anyone in immediate danger should call 000. The firm's guides to partner visa family violence options and the short answer on what to do when a sponsor is abusive explain the applicant's position.

Partner visa sponsor representation at the Administrative Review Tribunal

If a partner visa is refused, partner visa sponsor representation continues to matter at the Administrative Review Tribunal, because the person entitled to apply for review depends on the subclass and the other partner's role becomes that of a witness.

For a Subclass 820 refusal, the applicant applies for review. For a Subclass 300 refusal, the sponsor applies. For a Subclass 309 refusal, the visa applicant applies under regulation 4.02(5)(raa). The application must be made within 28 days after notification of the decision, or 7 days if the applicant is in immigration detention, and the time cannot be extended. The migration review application fee is AUD 3,727 for fees paid on or after 1 July 2026, payable within the same period. A 50% reduction is available for financial hardship, and 50% of the fee is refunded if the decision is set aside, varied or remitted. The firm's guides to the partner visa ART review process, partner visa ART fees and who applies for review of an offshore refusal explain the steps.

The Tribunal usually hears from both partners. The sponsor's oral evidence is often central to a genuineness review, and the Tribunal may take evidence from each partner separately. Published Tribunal decisions recorded in the firm's database of partner visa remittals show how these issues arise:

• In Phuong (Migration) [2019] AATA 3680, a Subclass 820 matter, the issues recorded were the sponsor as the applicant's representative, a genuine spousal relationship, financial aspects and minimal financial integration. The Tribunal remitted the matter.
• In KAUR (Migration) [2019] AATA 3936, a Subclass 820 matter, the issues recorded were a genuine spousal relationship, seven years of cohabitation, the benefit of oral evidence from the applicant and the sponsor separately, and anonymous allegations. The Tribunal remitted the matter.

Each case turns on its own facts. These decisions show that the roles of each partner, and the way each partner's evidence is taken, are live issues on review. A joint retainer at the Tribunal works on the same principles as before the Department. If the partners have separated, the guide on whether a review can continue after separation is relevant. The guides to preparing for a partner visa ART hearing and the short answer on whether a lawyer can represent the couple at a Tribunal hearing explain the hearing itself. The firm's partner visa refusals page and the wider visa refusals page cover refusals generally.

Should the sponsor get a separate lawyer?

Usually not, but a sponsor should get separate advice where the sponsor holds information that must be kept from the applicant, where the sponsor's interests are already adverse to the applicant's, or where the sponsor wants advice about ending the sponsorship.

Separate representation is also worth considering where the sponsor faces a specific legal risk that does not affect the applicant in the same way, such as a sponsorship refusal on character grounds, or where the sponsor wants confidential advice about the sponsorship undertaking. In those cases, the sponsor can still support the application and give evidence, while receiving advice that is directed only to the sponsor's interests.

Changing from a joint retainer to separate representation mid-matter is possible, but it requires care with files and confidential information. The firm's guides on changing partner visa lawyers mid-application and on changing lawyers before an ART hearing explain the file transfer process.

What should a couple ask about partner visa sponsor representation before signing?

Before signing a joint engagement, each partner should ask who the clients are, how information will be shared, who can give instructions, and what will happen if a conflict arises.

Useful questions for partner visa sponsor representation include:

• Will the firm act for both of us, and will both of us be named as clients?
• If one of us tells the lawyer something privately, will it be shared with the other?
• How will the sponsor's police checks and any conviction history be handled?
• Who will be the authorised recipient for Department correspondence, and how will letters be passed on to each of us?
• Can either of us give instructions on our own, or do significant decisions need both of us?
• What happens if we separate, if the sponsor withdraws, or if one of us wants different advice?
• Will each of us be able to read and correct our own statement before it is lodged?

The firm's short answers on questions to ask a partner visa lawyer before hiring them and on what a good partner visa lawyer should do add general questions. The guide to working with a partner visa lawyer by video explains how both partners can attend from different places.

How My Migration Lawyers approaches partner visa sponsor representation

My Migration Lawyers deals with complex partner visa cases, acts in many matters for sponsors and applicants together, and is capable of advising on partner visa sponsor representation from the first consultation through to review. The firm's Principal Lawyer is Weiwei Zhang, and the firm's approach is explained on the about My Migration Lawyers page.

The firm can act for both the sponsor and the applicant under a joint retainer where each partner gives informed consent. If a conflict arises, the firm assesses it under the Australian Solicitors' Conduct Rules, including rule 11 on conflicts and rule 9 on confidentiality, and confirms in writing who it can continue to act for. Depending on the circumstances, the firm may be required to cease acting for one or both partners.

On a partner visa sponsor representation matter, the firm:

• identifies at the outset whether the sponsor and the applicant each meet their own criteria, including regulation 1.20J, regulation 1.20KC and the applicant's Schedule 2 and Schedule 3 criteria;
• explains the joint retainer to each partner, including how information will be shared and what happens on a conflict;
• prepares the Form 956 appointment for each partner and settles who will be the authorised recipient;
• reviews the sponsor's history, police checks and any conviction issues with the sponsor before they affect the applicant;
• presents each partner's own account and evidence in the form the law requires, with each partner reviewing and correcting their own statement and Form 888 statements obtained from witnesses;
• responds to section 56 requests and section 57 letters, and keeps both partners informed within the agreed terms; and
• reassesses the retainer if the relationship changes, and acts on review at the Administrative Review Tribunal where it is able to continue.

The firm acts for sponsors and applicants across Australia, including through its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth and Adelaide. Couples with a difficult history can read about the work involved in a complex partner visa and the short answer on whether there is a partner visa lawyer who handles complex cases.

Partner visa sponsor representation is easiest to settle before lodgement, while both partners can ask questions and agree the terms. Book a consultation with My Migration Lawyers, or call 1300 040 300.