Questions to Ask a Partner Visa Lawyer

What are the questions to ask a partner visa lawyer?

The questions to ask a partner visa lawyer are the ones that show whether the lawyer understands your exact problem, who will do the work, how your evidence will be reviewed, what the fee covers and how deadlines will be managed. Those five areas decide most of the risk in a partner visa matter. This guide sets out the questions to ask a partner visa lawyer in each area, explains what a good answer sounds like, and lists the questions a careful lawyer will ask you in return.

A partner visa is one of the most heavily evidenced applications in the Australian migration program. The combined onshore Subclass 820 and Subclass 801 partner visa, the offshore Subclass 309 and Subclass 100 partner visa and the Subclass 300 prospective marriage visa all turn on whether the relationship is genuine and continuing, and many files also carry a legal problem that has nothing to do with the relationship at all. The questions to ask a partner visa lawyer should draw both of those things out.

This article is written for couples who are about to engage a lawyer, and for Australian partners who are sponsoring someone overseas and want to choose the right firm. It does not repeat the general law, which is set out in the complete guide to partner visas in Australia. It focuses on the conversation you will have with a lawyer before you sign anything, and on how My Migration Lawyers answers the same questions.

How to use this list of questions

Use the questions to ask a partner visa lawyer as a structure for the first consultation, not as a test to read out word for word. Pick the questions that match your situation. A couple with a clean visa history and a long cohabiting relationship needs different answers from a couple where the applicant is on a bridging visa after a refusal. Write the answers down. Compare them across firms if you are speaking with more than one. The guide to booking an immigration lawyer consultation explains what to bring to that first meeting.

What a good answer sounds like

A good answer is specific. It names the issue in your file, it refers to the rule that applies, and it tells you what the lawyer will actually do about it. A weak answer is general reassurance. "We do lots of partner visas" tells you nothing. "Your visitor visa carries condition 8503, so a waiver must be granted before a valid onshore application can be made, and this is how we approach that request" tells you the lawyer has looked at your facts.

Why the questions to ask a partner visa lawyer matter before you sign

The questions to ask a partner visa lawyer matter because the most expensive mistakes in a partner visa are made before lodgement, and many of them cannot be fixed afterwards. Validity is tested on the day the application is made. Evidence lodged in the first months shapes how the case officer reads the whole file. An error in a form can later be treated as false or misleading information.

Some problems in a partner visa file are visible from the outside. Others are not. A couple may not know that a previous refusal triggers section 48 of the Migration Act 1958, that a visa expired some months ago and the applicant now faces the Schedule 3 criteria, or that the sponsor has already used up the sponsorship limitation in regulation 1.20J. The right questions to ask a partner visa lawyer bring those issues to the surface in the first conversation, before the couple has paid the government charge and lodged.

The decision to engage a lawyer is also a decision about who you trust with personal information. The couple will share relationship history, financial records, previous marriages and sometimes criminal or family violence history. Asking good questions at the start tells you how the firm will treat that information and whether its process is clear. The article on whether a partner visa lawyer is worth it compared with doing it yourself explains the broader choice, and the guide on when you need an immigration lawyer for a partner visa explains which files most need legal advice.

Who should be in the consultation

Both partners should attend the first consultation where possible. The sponsor and the applicant each hold facts the lawyer needs. Where the applicant is overseas, the Australian partner is usually the person who engages the firm, and the applicant can join by video. My Migration Lawyers holds consultations by video, so couples in different cities or different countries can take part in the same meeting. Having both partners present also means the questions to ask a partner visa lawyer are answered against the full facts, not half of them.

Questions to ask a partner visa lawyer about experience with your exact issue

The first group of questions to ask a partner visa lawyer test whether the lawyer has acted in matters like yours, not just in partner visas generally. Partner visas range from simple onshore applications by long-term couples to files that involve unlawful status, previous refusals, character concerns and family violence. Experience with the simple file does not prove experience with the difficult one.

"Have you acted in partner visa matters with my specific issue?"

This is the most important of all the questions to ask a partner visa lawyer. Name the issue. If the applicant has no substantive visa, ask about Schedule 3. If a visitor visa carries condition 8503, ask about the no further stay condition and the Subclass 820 visa. If the applicant had a student visa refused and is now on a bridging visa, ask about section 48. If the sponsor has sponsored before, ask about the limits on sponsoring a partner.

A good answer explains the rule in plain words and then describes what the lawyer does about it. For a Schedule 3 file, that means identifying the compelling reasons that may support a waiver and the evidence needed for each one. The Schedule 3 waiver service and the article on applying for a partner visa without a substantive visa show the kind of detail a good answer should contain.

"What is the main legal risk in my file?"

Ask the lawyer to name the biggest risk in your matter in one or two sentences. A lawyer who has read your facts can do this. The answer may be the genuineness of the relationship, a gap in cohabitation, a prior application with inconsistent information, a validity problem, or a character issue. If the lawyer cannot identify a risk, ask why. Some files are straightforward, and a good lawyer will say so plainly rather than inventing complexity.

"Is my file complex, and why?"

Complexity in a partner visa is usually caused by one of a small number of things: visa history, the sponsor's history, character, a relationship that has changed, or children. Ask the lawyer which of those applies to you. If the answer is that the file is complex, ask what extra work that involves and whether it is included in the fixed fee. The article on why partner visas get refused and the article on the most common reasons Subclass 820 visas are refused show the issues that usually make a file complex.

"Do you act in refusals and Tribunal reviews as well as applications?"

A firm that only prepares applications may not be the right choice for a file with a high refusal risk. Ask whether the firm acts in partner visa refusals and in reviews before the Administrative Review Tribunal. A lawyer who regularly reads refusal decisions knows what case officers look for, and that knowledge should shape the application from the start. The guide on what a visa appeal lawyer does explains the review work.

"Have you handled matters involving family violence, LGBTI relationships or children?"

Some files need particular care. If the relationship has broken down because of family violence, ask about the family violence provisions for partner visas. If the couple is a same-sex couple, ask about experience with LGBTI partner visas, particularly where one partner comes from a country where the relationship could not be lived openly. If children are included in the application, ask how the lawyer deals with custody consent and dependency evidence.

Questions to ask a partner visa lawyer about who does the work

The second group of questions to ask a partner visa lawyer is about who will actually work on the file. You are entitled to know how the file is run, who reviews the evidence and who signs off on what is lodged.

"Who will review my evidence and approve the application before it is lodged?"

Ask who reviews the documents and who approves the final application. At a law firm, legal work is done by lawyers or under a lawyer's supervision. A good answer explains the review structure, for example that the documents are reviewed against the criteria and the lodgement is approved by a lawyer before it is submitted. At My Migration Lawyers, the partner visa practice is led by Weiwei Zhang, Principal Lawyer, and the firm's process is built around legal review of every file before lodgement.

"Who will be named as my representative with the Department?"

A lawyer or registered migration agent who gives immigration assistance on a visa application is usually appointed through Form 956. Ask who will be the authorised recipient and how correspondence from the Department will reach you. The article on Form 956 and Form 956A explains the difference between appointing a representative and appointing an authorised recipient. A good answer tells you that Departmental correspondence will come to the firm, that the firm will tell you promptly, and how quickly deadlines in that correspondence will be acted on.

"How is my file supervised?"

Ask how the firm supervises legal work on the file. A good answer explains that the file is held by the firm, that notes and documents are kept on the firm's system, and that the principal lawyer supervises the matter from engagement to decision. If you ever decide to move to another firm, the guide to changing your immigration lawyer in Australia explains how a file is transferred.

"Are you a lawyer or a registered migration agent, and how can I check?"

This is a fair question, and it should be asked without assuming one is better than the other. Both lawyers and registered migration agents can give immigration assistance, under different regulatory systems. A lawyer holds a practising certificate issued by the regulator in the relevant state or territory, and can be checked on that regulator's public register. A registered migration agent can be checked on the register kept by the Office of the Migration Agents Registration Authority. The factual differences are explained in migration agent or lawyer for a partner visa and in the wider comparison of migration agents and immigration lawyers. The aim of the question is to confirm that the person advising you is properly authorised, and to understand which professional rules apply to them.

Questions to ask a partner visa lawyer about evidence and the relationship statement

The questions to ask a partner visa lawyer about evidence should reveal how the lawyer will review the couple's documents, identify gaps and make sure the application is consistent. Evidence is where most partner visa files succeed or fail. The Department assesses the relationship under four aspects: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. The lawyer's job is to make sure the evidence lodged addresses each of them and that nothing in the file contradicts anything else.

"How will you review our evidence?"

Ask for a concrete description. A good answer explains that the lawyer will look at the evidence against each of the four aspects, identify where the evidence is thin, and tell the couple what further documents they realistically hold that would help. It should also explain how the lawyer checks dates and addresses across documents. The articles on how to prove your relationship is genuine and preparing evidence of a genuine relationship show what that review covers.

A weak answer is a generic checklist sent by email with no review. Checklists have their place. The partner visa document checklist and the 820 partner visa evidence checklist are useful starting points. But a checklist is not legal review. The questions to ask a partner visa lawyer should find out whether someone will actually read the evidence before it is lodged.

"Will you write our relationship statement?"

This is one of the questions to ask a partner visa lawyer where the right answer is no. A partner visa has one relationship statement, and it is the couple's own account of their relationship. It must be in their own words and reflect their own knowledge. A good lawyer reviews the draft, identifies gaps, inconsistencies and points the case officer is likely to ask about, and the couple then correct and confirm their own words. A lawyer should never construct a relationship history for a couple. The guide to the partner visa relationship statement explains what the statement should cover.

The same principle applies to Form 888 statements. Form 888 statements are supporting statements from people who know the couple. They are the witnesses' own evidence. The lawyer can explain who is a suitable witness and what a useful statement addresses, and can review drafts for gaps and inconsistencies, but the words must be the witness's own. The articles on who can make a Form 888 and what it should say and Form 888 example answers and common mistakes explain the role of those statements.

"How do you check our forms for consistency with past applications?"

Ask how the lawyer checks the new application against what the applicant has told the Department before. Previous visa applications, incoming passenger cards and earlier forms can all record marital status, addresses and relationships. If the partner visa application says something different, the Department may ask why, and in some cases may consider whether false or misleading information has been given. A good answer explains that the lawyer obtains the visa history and checks it against the new forms. The guide to completing Form 80 without errors shows how many details must line up.

"Do we have enough evidence to apply now?"

Ask whether the evidence is strong enough to lodge, or whether waiting would make the application safer. For de facto couples, ask about the 12-month requirement and its exceptions, explained in the de facto partner visa and the 12-month rule and whether you really need 12 months of de facto relationship for a Subclass 820 visa. A good answer weighs the strength of the evidence against the applicant's visa position. Sometimes the applicant's current visa is about to expire and the timing decision is driven by that, not by the evidence.

"What will you not ask us for?"

This is an unusual question, but a useful one. A good lawyer does not ask a couple for documents they realistically do not have, such as old bridging visa grant notices or copies of application forms from years ago. The firm should obtain the applicant's visa history itself. Asking this question tells you whether the firm's process is practical, and it belongs on any list of questions to ask a partner visa lawyer.

Questions to ask a partner visa lawyer about fees and the costs agreement

The questions to ask a partner visa lawyer about fees should establish exactly what work is included, what is excluded, how the fee is staged, and how government charges are dealt with. A lawyer must disclose costs and, in most cases, enter into a written costs agreement with the client before the work starts. Reading that agreement carefully is the best protection a client has.

"Is your fee fixed, and what does it cover?"

Ask whether the professional fee is fixed or charged by the hour. A fixed fee gives certainty, but only if the scope is clear. Ask whether the fixed fee covers the initial review, preparation of the application, lodgement, responses to requests for further information, and the second stage. The guide to what a fixed-fee immigration lawyer quote should include and the partner visa lawyers fees guide explain how to read a quote. My Migration Lawyers charges fixed fees under a written costs agreement, so the client knows the professional fee for each stage before work begins.

"What is excluded from the fixed fee?"

Exclusions matter as much as inclusions. Ask whether the fee includes responding to a section 56 request for more information or a section 57 natural justice letter. The articles on responding to a section 56 request and responding to a section 57 natural justice letter for a partner visa show how much work those responses can involve. Ask whether a review before the Administrative Review Tribunal is included or is a separate engagement. Ask whether a change of circumstances, such as a new address or a period apart, is covered.

"How is the fee staged, and when is each stage payable?"

Partner visa matters run over a long period. Ask how the fee is split across stages, such as onboarding and review, lodgement, and the second stage. A good answer ties each payment to a stage of work. The guides on how much an immigration lawyer costs in Australia and immigration lawyer fees, services and choosing a lawyer explain the common structures.

"What happens to the fee if the relationship ends or we stop the matter?"

Ask what the costs agreement says about termination. Relationships change, and plans change. A good answer explains how the agreement deals with work already done and what happens if the client ends the engagement. Ask the question before you sign, not after a problem arises.

Questions to ask a partner visa lawyer about government charges and other costs

The questions to ask a partner visa lawyer about government charges should separate the lawyer's fee from the amounts paid to the Department and to third parties. Government charges are set by law and are paid regardless of who prepares the application. They are not part of any lawyer's professional fee.

"What is the visa application charge, and when is it paid?"

As at October 2026, the Department of Home Affairs lists the partner visa application charge for the onshore Subclass 820 and Subclass 801 visa from AUD 11,710 for most applicants. For a Subclass 300 holder applying in Australia, the charge is from AUD 1,955. One charge covers both stages of the combined application, for both the onshore Subclass 820 and Subclass 801 and the offshore Subclass 309 and Subclass 100. The Department also states that a lower charge applies from 1 July 2026 for eligible Pacific Island and Timor-Leste citizens, and the current figure should be checked on the Department's own page. Charges are reviewed each 1 July. The guide on every Subclass 820 visa cost breaks the costs down further.

"What other costs should we expect?"

Ask about police certificates, health examinations, biometrics and translations. These are paid to third parties and vary by country and by person. Documents not in English need English translations, and translations done in Australia should be prepared by a translator accredited by NAATI. A good answer lists which of those costs are likely in your file. It should not bundle them into the professional fee without saying so.

"What would a Tribunal review cost if the visa is refused?"

Ask the lawyer about the cost of review before you need it. As at October 2026, the Administrative Review 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 for financial hardship, and the Tribunal refunds 50% of the fee paid if the decision is set aside or varied or the matter is remitted to the Department. These are among the less obvious questions to ask a partner visa lawyer, but couples who know the figures in advance make calmer decisions if a refusal arrives.

Questions to ask a partner visa lawyer about deadlines, refusal and review

The questions to ask a partner visa lawyer about deadlines should confirm that the lawyer will track every time limit in the matter and will act inside it. Partner visa matters contain several deadlines with real consequences. Missing one can invalidate an application or end the right to review.

"How do you manage the 28-day review deadline?"

Ask this even if you hope never to need it. 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, or 7 days if the person is in immigration detention. The timeframe cannot be extended. A late application is not properly made and the Tribunal has no jurisdiction to hear it. A good answer explains how the firm diarises that deadline from the date of notification, and how quickly it will advise on review once a refusal is received. The guide to what to expect from an ART review after a refusal explains the process.

"Who applies for review if the visa is refused?"

Ask who would be the review applicant. For an onshore Subclass 820 and Subclass 801 refusal, the applicant applies for review and must be in Australia. For a Subclass 309 refusal where the applicant is outside Australia, the Australian sponsor applies for review under subsection 338(5). This is why the Australian partner is so often the firm's client in an offshore matter. The article on partner visa refusal appeal options sets out the choices after a refusal.

"What deadlines apply during processing?"

Requests for further information and natural justice letters carry their own response periods. Ask how the firm makes sure those letters are answered on time and how it tells the couple what is needed. Ask what the firm will do if a document the Department wants cannot be obtained in time.

"What happens to my bridging visa while the application or review is on foot?"

Onshore applicants usually hold a bridging visa while the application is processed. Ask how the lawyer checks the bridging visa position, including work rights and travel. The guides to bridging visas in Australia, Bridging visa A, Bridging visa B for travel and work rights while waiting for a Subclass 820 visa explain those rules. A good answer explains how a refusal and a review application may affect the bridging visa, and what the applicant should do and not do while waiting.

Questions to ask a partner visa lawyer if you are the Australian sponsor

The questions to ask a partner visa lawyer as the Australian sponsor focus on your own eligibility to sponsor, your role in an offshore application, and what you must provide. In an offshore Subclass 309 matter, the Australian partner is usually the person who engages the firm, gives instructions and receives the advice, while the applicant overseas joins consultations by video.

"Am I eligible to sponsor?"

Ask whether anything in your own history affects your ability to sponsor. The sponsorship limitation in regulation 1.20J generally allows a person to sponsor two partners in a lifetime, with five years between sponsorships, subject to compelling circumstances. A person who was sponsored as a partner may also be affected. Certain criminal history of a sponsor can affect a sponsorship as well. A good answer explains which limits apply and what evidence would be needed if a waiver is sought.

"What is my role in the application?"

Ask what the sponsor must complete and sign, and what evidence the sponsor holds that the applicant does not. In an offshore matter the sponsor often holds the Australian side of the financial evidence, the shared plans for life in Australia and the Australian witnesses. These are useful questions to ask a partner visa lawyer because the sponsor's evidence is often the part of the file that is thinnest when couples prepare it themselves.

"What happens if my partner's application is refused while they are overseas?"

Ask who would apply for review and how quickly. For a Subclass 309 refusal where the applicant is outside Australia, the Australian sponsor applies for review under subsection 338(5), within the 28-day deadline. The sponsor should know that before the application is lodged, not after the refusal arrives.

Questions to ask a partner visa lawyer about communication and how the matter runs

The questions to ask a partner visa lawyer about communication should tell you how you will receive advice, how quickly you can expect a reply, and how documents will be exchanged. A partner visa can take a long time to finalise, so the working relationship matters.

"How will we communicate, and how quickly will you respond?"

Ask how the firm communicates with clients and how it handles urgent matters. My Migration Lawyers works with clients by email and holds consultations by video, which suits couples who live in different cities or countries. A good answer explains the channel, the usual response time and what happens when a Departmental letter with a deadline arrives.

"How will you keep us informed during processing?"

Processing times for partner visas can be long. Ask what updates the firm gives while the application waits for a decision. The guides on how long a Subclass 820 partner visa takes and how long the onshore Subclass 820 visa takes explain the general picture. A good answer explains that the firm will notify the couple of any Departmental contact and will tell them when something needs to be done.

"What must we tell you if our circumstances change?"

Couples must notify the Department of certain changes, such as a new address or a change in the relationship. Ask the lawyer what changes must be reported and how. The guide to Form 1022 and change of circumstances explains the notification rules. If the relationship has broken down, ask about the article on what happens to a Subclass 820 application if the relationship breaks down.

"Will you handle the second stage?"

The combined partner visa has a temporary stage and a permanent stage. Ask whether the second stage is part of the engagement, what evidence will be needed and when. The explanation of Subclass 820 compared with Subclass 801 shows how the two stages fit together.

"How is the application lodged?"

Partner visa applications are lodged online through ImmiAccount. Ask whether the firm lodges from its own account, how the couple will see what was lodged, and how they will receive a copy. If you have started an account yourself, the guide to creating an ImmiAccount explains the system.

Questions to ask a partner visa lawyer if you have already lodged or been refused

The questions to ask a partner visa lawyer change once an application has been lodged or refused. At that point the questions focus on what can still be done, how quickly, and what the lawyer will check first.

"Can you review an application we lodged ourselves?"

Many couples lodge without help and then receive a request for more information, or begin to worry about something in the forms. Ask whether the lawyer can review the lodged application, identify any problems and take over the matter. The guide to hiring an immigration lawyer after lodging your own visa application explains what that review involves, and the guide to getting a second opinion from an immigration lawyer covers matters where another representative is already acting.

"We have just been refused. What happens in the first days?"

If a refusal has arrived and the 28-day period is still running, ask the lawyer what they will do first. A good answer explains that the lawyer reads the decision record, identifies each refusal ground, confirms the date of notification and the review deadline, confirms who must apply, and explains the Tribunal fee. The lawyer should then advise whether to seek review, whether new evidence is needed, and whether any other pathway exists. The firm's visa refusals and partner visa refusals services cover this work. If the matter is urgent, the guide on urgent immigration lawyer advice explains what to prepare.

"Can we apply again in Australia after a refusal?"

Ask whether section 48 now applies, and what that means for any new application. Section 48 limits onshore applications by people without a substantive visa who have had a visa refused or cancelled since last entering Australia. Partner visas are among the visas that can still be applied for onshore, but extra validity rules apply, including two statutory declarations from Australian citizens, permanent residents or eligible New Zealand citizens, made no more than 6 weeks before lodgement. Form 888 statements do not satisfy that rule. The article on applying for a partner visa after a visa refusal and the firm's visa cancellations service explain the position.

"We came on a visitor visa. Can we apply here?"

Couples who met or reunited while one partner was visiting Australia should ask about condition 8503 and the timing of the application. The guide on moving from a tourist visa to a partner visa in Australia explains what to check before applying.

A short checklist of questions to ask a partner visa lawyer

The short checklist of questions to ask a partner visa lawyer below brings the main questions in this guide together in one place. Take it to the first consultation and note the answers.

• Have you acted in partner visa matters with my specific issue?
• What is the main legal risk in my file, and how will you deal with it?
• Who will review my evidence and approve the application before it is lodged?
• Who will be named as my representative, and how will Departmental letters reach me?
• How will you review our relationship evidence and our forms for consistency?
• What does the fixed fee cover, what is excluded, and how is it staged?
• What government charges and third-party costs should we expect?
• How do you manage the 28-day review deadline, and who would apply for review?
• How will we communicate, and how quickly will you respond?
• What must we tell you if our circumstances change?

Every one of these questions to ask a partner visa lawyer should receive a specific answer. If a firm cannot answer a question clearly, ask it again, or ask for the answer in writing.

Questions a partner visa lawyer will ask you

A careful partner visa lawyer will ask you detailed questions about your visa history, your relationship, your previous relationships and sponsorships, and your character and health history before giving advice. Knowing the questions to ask a partner visa lawyer is only half of the first consultation. The other half is being ready for the lawyer's questions, and answering them fully.

Questions about visa history

Expect to be asked what visas the applicant has held, whether any visa has been refused or cancelled, whether any visa carries condition 8503, and what visa the applicant holds today. These answers decide whether section 48 or Schedule 3 applies. The applicant does not need to find old grant notices. The lawyer should obtain the visa history from Departmental records.

Questions about the relationship

Expect questions about how the couple met, when the relationship became committed, when they began living together, any periods apart, and when and where they married if they are married. The lawyer is not testing the couple. The lawyer is identifying the points the Department is likely to examine, so that the evidence answers them before they are asked.

Questions about previous relationships and sponsorships

Expect to be asked about previous marriages and de facto relationships, divorces, and whether the sponsor has sponsored a partner before or was sponsored as a partner. Undisclosed previous relationships and sponsorships cause serious problems later. The firm's sponsorship limitations service deals with sponsors who are affected by regulation 1.20J.

Questions about character and health

Expect questions about criminal charges and convictions in any country, and about health matters that might affect the health requirement. These questions can be uncomfortable. They are asked because the answers affect the application, and a lawyer can only advise properly on facts that have been disclosed.

Why honest answers matter

Information given to the Department must be true and complete. An answer that leaves something out to make the file look simpler does not make the problem go away. It can create a second problem if the omission is later treated as false or misleading information. Telling the lawyer everything in the first consultation is the safest course.

Answers that should make you pause

Some answers to the questions to ask a partner visa lawyer should make a couple pause before they sign: a promise of approval, an offer to write the couple's relationship story for them, an unclear fee, or a casual attitude to deadlines. Those answers do not depend on whether the adviser is a lawyer or a registered migration agent. They are warning signs in any professional.

• A promise that the visa will be granted. No adviser controls the outcome. The decision belongs to the Department or the Tribunal.
• An offer to construct the relationship history. The relationship statement and Form 888 statements must be the people's own evidence.
• A fee quote with no written scope. Ask for a written costs agreement before work starts.
• Vague answers about who reviews the file.
• No mention of the main legal risk in a file that clearly has one, such as Schedule 3 or a prior refusal.
• Advice to leave out an unhelpful fact.

The guides on how to choose a partner visa lawyer in Australia, how to choose Australian migration lawyers and how to find, check and choose an Australian migration lawyer give a wider framework for comparing firms.

What Tribunal decisions show about the questions to ask a partner visa lawyer

Tribunal decisions show that the issues behind the questions to ask a partner visa lawyer, such as previous applications, representation, evidence gaps, Schedule 3, the sponsorship limitation and character documents, are the same issues that decide partner visa reviews. Each decision below was remitted, which means the Tribunal sent the matter back to the Department to reconsider with the Tribunal's directions or findings. A remittal is not a visa grant. The descriptions record only the issues reported in each decision's headnote, and the headnotes do not state the nationality of the parties.

• Phuong (Migration) [2019] AATA 4637, Subclass 820: the reported issues were the sponsor acting as the applicant's representative, a genuine spousal relationship, financial aspects and minimal financial integration. The question of who represents the applicant is one of the questions to ask a partner visa lawyer for exactly this reason.
• 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. The gap between what was lodged and what was later produced is the gap that evidence review is meant to close.
• TRUONG (Migration) [2024] AATA 680, Subclass 820: the reported issues were false or misleading information in a material particular, a previous visitor visa application, marital status, and a couple separated but still living together. Previous applications must be checked against the new one.
• 1900688 (Migration) [2021] AATA 1812, Subclass 820: the reported issues were false or misleading information, previous relationships, the applicant not having obtained a divorce from a previous spouse, and the validity of the parties' marriage.
• Sandhu (Migration) [2018] AATA 1483, Subclass 820: the reported issues were whether compelling reasons existed for not applying the Schedule 3 criteria, the length of the relationship and the difficulty of relocating offshore while the application is processed.
• Mayu (Migration) [2021] AATA 2301, Subclass 820: the reported issues were the sponsorship limitation, two previous sponsorships, compelling circumstances affecting the sponsor, and a first husband who left after obtaining permanent residency.
• Fouracres (Migration) [2024] AATA 61, Subclass 820: the reported issues were criminal history, an AFP certificate that expired before the visa was finalised, a new certificate provided to the Tribunal and a decision made without a hearing being necessary.
• 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.
• Lau (Migration) [2018] AATA 1897, Subclass 820: the reported issues were that the applicant lost their right to a hearing, was an unlawful non-citizen at the time of application, and compelling reasons to waive the Schedule 3 criteria.

These decisions do not decide what a lawyer must do in any particular case, and the result in each depended on its own facts. They show the kinds of issues that reach the Tribunal, and they show why couples should ask, before lodgement, how a lawyer will deal with previous applications, evidence, Schedule 3, the sponsorship limitation, police certificates and consistency between the partners' accounts. The guide on when you need a visa appeal lawyer explains the review stage in more detail.

How My Migration Lawyers answers the questions to ask a partner visa lawyer

My Migration Lawyers answers the questions to ask a partner visa lawyer in writing and in the first consultation: what the main legal risk is, who reviews the file, how the evidence will be reviewed, what the fixed fee covers, and how every deadline is managed. The firm deals with complex partner visa cases as a regular part of its practice, acts in many partner visa matters for couples who come to the firm before lodgement, after lodging themselves, after a refusal or with a difficult visa history, and is capable of handling those files from the first review through to the Tribunal.

On a new partner visa matter, the firm follows a set sequence.

• Video consultation. The couple explain their situation, and the firm asks about visa history, the relationship, previous relationships and sponsorships, and character and health history.
• Visa history check. The firm obtains the applicant's visa history from Departmental records itself, rather than asking the couple for old documents, and checks for section 48, Schedule 3, condition 8503 and prior inconsistent information.
• Written advice and costs agreement. The firm identifies the main legal risk, explains the pathway, and sets out the fixed professional fee for each stage in a written costs agreement, separate from the government charge.
• Evidence review. The couple provide their documents. The firm reviews them against the four aspects of the relationship, identifies gaps and inconsistencies, and tells the couple what further evidence they realistically hold.
• Statement review. The relationship statement and Form 888 statements are the people's own evidence. The firm reviews the drafts, and the couple and their witnesses correct and confirm their own words.
• Lodgement and processing. The firm lodges the application, acts as the point of contact with the Department, and responds to requests for information within the time allowed.
• Refusal and review. If a refusal occurs, the firm advises on review inside the 28-day deadline and, where instructed, applies to the Administrative Review Tribunal.

Weiwei Zhang, Principal Lawyer, leads the firm's partner visa practice. You can read more about My Migration Lawyers, see the firm's partner visa lawyers service, and read the guides to partner visa lawyers in Australia and what partner visa lawyers do. Broader guides explain what an immigration lawyer does and how to choose the best migration lawyer in Australia.

Consultations are held by video, and My Migration Lawyers acts for couples across Australia, including through its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta, and its immigration lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Couples comparing firms in their own city can also read the guides to choosing a partner visa lawyer in Sydney, Melbourne, Brisbane and Perth.

The firm cannot promise any outcome. What it can do is give clear, specific answers to every one of the questions to ask a partner visa lawyer, before you sign anything.

Book a Consultation with My Migration Lawyers to put your questions to ask a partner visa lawyer to the firm and receive advice on your own file. You can also call 1300 040 300.