Key Takeaways
- A spouse visa lawyer prepares and manages a married couple's Australian partner visa from the first consultation to the permanent grant. In Australia the "spouse visa" is the married stream of the partner visa: Subclass 820 and Subclass 801 onshore, and Subclass 309 and Subclass 100 offshore.
- Most spouse visa refusals come from problems that could have been found before lodgement: the applicant's visa status, a sponsorship limitation, a marriage the Department does not recognise, thin evidence of the four aspects of the relationship, or inconsistent answers.
- A marriage certificate proves the marriage. It does not prove that the relationship is genuine and continuing, and the Department assesses that question separately.
- If a spouse visa is refused, the time to apply to the Administrative Review Tribunal is strict: 28 days after being notified of the decision, or 7 days for a person in immigration detention. The ART application fee for these decisions is $3,580 as at October 2026.
- My Migration Lawyers, led by Principal Lawyer Weiwei Zhang, acts on spouse visas across Australia by video, including complex cases, sponsorship problems, Department requests and ART review.
If you are married and searching for a spouse visa lawyer, you are looking for help with what Australian law calls a partner visa. A spouse visa lawyer assesses your marriage, your sponsor and your visa history, builds the evidence, lodges the application and manages it until the permanent visa is granted. In Australia there is no separate visa called a "spouse visa". A married couple applies for the partner visa as spouses, and the Department of Home Affairs assesses the application under the same partner visa criteria used for de facto couples.
This page explains what a spouse visa lawyer at My Migration Lawyers actually does at each stage, and why the work is organised around one goal: getting the spouse visa right the first time. A refused spouse visa costs months or years, a second application charge and, for many onshore applicants, the right to stay in Australia while the matter is fixed. Almost every common refusal reason can be identified and addressed before the application is lodged.
My Migration Lawyers is an Australian immigration law firm led by Principal Lawyer Weiwei Zhang. The firm acts on partner visas for married and de facto couples, by video consultation, for clients anywhere in Australia and overseas. If you want the full legal framework rather than the work of a spouse visa lawyer, the complete guide to partner visas in Australia sets out every subclass and stage.
Spouse visa lawyer: what "spouse visa" means in Australia
A spouse visa is the name most people use for the partner visa when the couple is married. The Department does not issue a product called a "spouse visa". It issues partner visas, and a married applicant qualifies as the sponsor's spouse rather than as a de facto partner.
There are four partner visa subclasses that a married couple uses:
- Subclass 820 and Subclass 801. The onshore partner visa. The applicant must be in Australia when the application is lodged. The Subclass 820 visa is the temporary stage and the Subclass 801 is the permanent stage. Both are applied for together in one combined application.
- Subclass 309 and Subclass 100. The offshore partner visa. The applicant must be outside Australia when the application is lodged. The Subclass 309 visa is the temporary stage and the Subclass 100 is the permanent stage, again in one combined application.
- Subclass 300. The Prospective Marriage visa is for an engaged couple who intend to marry. Once the couple marries, the applicant applies for the onshore partner visa as a spouse. The firm's page on the Subclass 300 visa covers that pathway.
The short FAQ answers on the Subclass 820 spouse visa and the Subclass 309 spouse visa explain the naming in plain terms. For couples deciding between the two streams, onshore vs offshore partner visa compares the practical differences.
Is a spouse visa different from a de facto visa?
No. The visa is the same. What differs is how the relationship is proved. A married couple relies on a marriage that is valid for Australian migration purposes. A de facto couple must usually show 12 months of de facto relationship before applying, unless an exception applies. The FAQ on the difference between a spouse visa and a de facto visa explains this further.
Many couples ask a spouse visa lawyer whether to apply as spouses or as de facto partners. Where the couple is married and the marriage is valid, the spouse pathway is normally used. Where a marriage is very recent and the couple also has a long de facto history, the evidence of that history still matters, because the Department looks at the whole relationship, not only the wedding date.
What does a spouse visa lawyer at My Migration Lawyers actually do?
A spouse visa lawyer at My Migration Lawyers takes responsibility for the legal work in the matter, from the first assessment to the permanent grant. The work is not filling in forms. The forms are the last step. The legal work is deciding whether the couple can apply now, on which subclass, with what evidence, and how to deal with every risk the Department is likely to raise.
In a typical spouse visa matter, the firm:
- assesses eligibility for both the applicant and the sponsor before anything is lodged;
- checks the applicant's current visa, any condition 8503 "No Further Stay" condition, and whether Schedule 3 criteria apply;
- checks the sponsor against the partner visa sponsorship limitations, including previous sponsorships and relevant offences;
- confirms that the marriage is valid and recognised for Australian migration purposes;
- plans the evidence of the financial, household and social aspects of the relationship and the nature of the commitment;
- reviews or drafts the relationship statements and Form 888 supporting statements from witnesses;
- prepares and lodges the combined application and the sponsorship;
- manages the bridging visa position for onshore applicants;
- responds to requests for further information and invitations to comment;
- prepares the second stage for the permanent visa; and
- acts on refusals and ART review where the Department refuses the visa.
The firm's partner visa lawyers page describes this work across all partner visa types. A spouse visa lawyer applies the same process, with particular attention to the marriage itself, its legal validity and how the marriage fits with the rest of the relationship history.
Who will I deal with?
My Migration Lawyers is led by Principal Lawyer Weiwei Zhang. The firm works with clients by email and video. Consultations are held by video, which means a client in Perth, Darwin or an overseas city has the same access as a client in Sydney. The firm's office is at Level 1, 60 Martin Place, Sydney NSW 2000. For more on how video work runs in practice, see partner visa lawyers online.
Why "right first time" matters for a spouse visa
A spouse visa should be prepared on the basis that the first decision is the one that counts. A refusal is not a small setback. It can trigger consequences that are hard to reverse.
Consider what a refusal can mean in practice:
- A second application charge. The partner visa application charge is substantial. As at October 2026, the base application charge is AUD 11,710 for most partner visa applicants. A new application after a refusal usually means paying again. The firm's guide to partner visa cost sets out the government charges.
- Loss of lawful status. An onshore applicant's bridging visa continues only for a limited period after a refusal. The article on the bridging visa after a partner visa refusal explains the timing.
- A short review deadline. A spouse visa refusal can usually be reviewed at the Administrative Review Tribunal, but the deadline is 28 days after notification, or 7 days for a person in immigration detention.
- A record that follows the couple. Future applications ask about previous refusals. The FAQ on whether a partner visa refusal affects future applications explains this.
- Time apart. For an offshore couple, a refusal can add a year or more to the time the couple lives in different countries.
That is why a spouse visa lawyer spends most of the effort before lodgement. Fixing a weak application after it is lodged is possible, but it is slower, more expensive and less certain than lodging a strong one. The firm's article on partner visa application mistakes lists the errors that most often cause problems.
The errors that cause spouse visa refusals
The most common reasons a spouse visa is refused are not mysterious. In the firm's experience of partner visa work, they fall into a small number of groups:
- The relationship is not accepted as genuine and continuing. This is the most common ground. It often arises where the couple married quickly, lived apart, or relied on the marriage certificate and photographs alone.
- The application was invalid or lodged on the wrong pathway. For example, an onshore application made by someone subject to condition 8503 without a waiver.
- Schedule 3 was not met. The applicant did not hold a substantive visa when applying onshore and did not show compelling reasons.
- The sponsor could not be approved. The sponsor had already sponsored a partner within the restricted period, or had a relevant conviction.
- Inconsistent or incorrect information. The forms, statements and interview answers did not match, or a previous visa matter was not disclosed.
- Character, health or integrity problems. These include police certificates, health examinations and PIC 4020.
The live page on why partner visas get refused covers each ground. The FAQ asking why a spouse visa was refused even though the couple is married explains the most frequent misunderstanding. A spouse visa lawyer's job is to test the case against each of these grounds before the Department does.
Stage one: the first consultation with a spouse visa lawyer
The first consultation with a spouse visa lawyer at My Migration Lawyers is a paid legal consultation, held by video. Its purpose is to give the couple a clear legal assessment and a plan, not a general overview of partner visas.
In the consultation, the spouse visa lawyer typically asks about:
- the applicant's current visa, its expiry date and its conditions;
- every previous Australian visa application, refusal or cancellation for both partners;
- where and how the couple married, and whether the marriage was registered;
- whether either partner was previously married, and whether any earlier marriage has been legally ended;
- the history of the relationship, including how the couple met and how long they have lived together;
- the sponsor's status as an Australian citizen, permanent resident or eligible New Zealand citizen;
- whether the sponsor has sponsored a partner before, or has any criminal convictions;
- children, including children from earlier relationships; and
- any health or character issues that either partner already knows about.
At the end, the couple should know whether they can apply, which subclass fits, what the main risks are and what evidence is needed. Where the case is not ready, a spouse visa lawyer should say so plainly. Lodging too early is one of the most common reasons spouse visas fail.
The firm's guides to the partner visa lawyer consultation and questions to ask a partner visa lawyer explain how to prepare. Couples who are not yet sure they need legal help can read do I need a lawyer for a partner visa.
What to bring to the consultation
A spouse visa lawyer can give much more precise advice where the couple has the key documents to hand. Useful documents include passports, the marriage certificate, any divorce orders from earlier marriages, the current visa grant notice if it is easily available, and any letter from the Department or the Tribunal. A couple does not need a full evidence file before the first meeting. The point of the consultation is to plan that file.
Pre-lodgement risk review: the work a spouse visa lawyer does before anything is lodged
The pre-lodgement risk review is the core of the work a spouse visa lawyer does. It is where an application is made strong or left exposed. At My Migration Lawyers, the review looks at four areas: the applicant's visa position, the sponsor, the marriage and the relationship evidence. Each can defeat an application on its own.
The firm's article on partner visa application review before lodgement explains why this step matters even for couples who prepare the application themselves.
The applicant's visa position
For an onshore spouse visa, the first question is whether the applicant can validly apply in Australia at all, and whether Schedule 3 criteria will apply.
- Condition 8503. A visitor or other visa with condition 8503 "No Further Stay" generally prevents a valid onshore application unless the condition is waived first. The article on the partner visa condition 8503 waiver explains the waiver process.
- No substantive visa. An applicant who does not hold a substantive visa when applying onshore must usually meet Schedule 3 criteria or show compelling reasons for those criteria not to apply. The firm's Schedule 3 waiver page covers that work.
- Section 48 bar. A person in Australia who has been refused a visa or had a visa cancelled may be barred from making many onshore applications, but partner visas are generally among the visas still available. See partner visa section 48 bar.
- Visa expiry. Lodging before the current visa ends usually gives a much better bridging visa position. See partner visa application before visa expiry.
For an offshore spouse visa, the applicant must be outside Australia when the application is lodged, and must be outside Australia when the Subclass 309 is granted. A spouse visa lawyer plans travel around that rule. The offshore partner visa lawyer page explains how the firm manages offshore cases.
Sponsor issues
The sponsor is assessed as well as the applicant. Sponsor problems are a frequent and avoidable cause of refusal.
A spouse visa lawyer checks:
- that the sponsor is an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and can prove it;
- whether the sponsor has previously sponsored a partner, or was themselves granted a partner visa, within the restricted period;
- whether the sponsor has a conviction for a relevant offence under regulation 1.20KC, which can stop the Department approving the sponsorship;
- whether the sponsor has police certificates ready and can consent to the Department disclosing relevant convictions to the applicant; and
- whether the sponsor is living overseas and intends to return to Australia.
The firm's guides to partner visa sponsor eligibility, the partner visa sponsor risk assessment and partner visa sponsor relevant offences cover these issues in detail. Where the sponsor has a criminal history, a spouse visa lawyer deals with it before lodgement rather than waiting for the Department to raise it.
The marriage itself
A spouse visa depends on a marriage that is valid for Australian migration purposes. A marriage certificate alone does not settle that question.
A spouse visa lawyer checks:
- whether a marriage in Australia was solemnised under the Marriage Act 1961 and registered;
- whether an overseas marriage was valid where it took place and is recognised in Australia;
- whether either partner was still married to someone else at the time of the marriage;
- whether the marriage was a proxy, online, religious-only or customary ceremony that may not be recognised; and
- whether a certified translation of the certificate is needed.
The FAQ on what makes a marriage valid for an Australian spouse visa and the article on whether an overseas marriage is recognised in Australia explain the rules. Where the marriage has a recognition problem, the couple may still be able to apply as de facto partners. A spouse visa lawyer decides which basis is safer before lodgement, not after a refusal.
Character, health and integrity
Every applicant must meet public interest criteria, including character and health. A spouse visa lawyer checks for anything that may cause a problem:
- convictions anywhere in the world, including spent convictions and pending charges;
- previous visa refusals or cancellations, in Australia or elsewhere;
- earlier applications that contained incorrect information, which can raise PIC 4020; and
- known health conditions that may affect the health assessment.
The guides on partner visa character requirements, partner visa PIC 4020 and partner visa health requirements explain each criterion. Disclosure is critical. An honest disclosure with an explanation is usually far safer than an omission the Department finds later.
Building the spouse visa evidence
Spouse visa evidence must prove that the marriage is genuine and continuing, not only that a wedding took place. The Department assesses four aspects of the relationship: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. These are aspects of the relationship that the Department weighs. They are not separate statements.
A spouse visa lawyer at My Migration Lawyers plans the evidence around the couple's real life. A couple who lives together in Sydney will have different evidence from a couple who has lived in different countries since the wedding. The question is always whether the evidence, taken together, shows a shared life and a mutual commitment to a shared life to the exclusion of all others.
What the evidence usually includes
- Financial aspects. Joint accounts, shared bills, money transfers, joint assets and shared financial responsibilities. See partner visa financial evidence.
- Nature of the household. A shared address, lease or mortgage, division of household tasks and care of children. See partner visa household evidence.
- Social aspects. Whether friends, family and institutions know the couple as married, joint travel, joint invitations and social media. See partner visa social evidence.
- Nature of the commitment. The length of the relationship, time spent together, communication while apart, future plans and knowledge of each other's circumstances. See partner visa commitment evidence.
The overview article on the partner visa four pillars of evidence brings these together, and the partner visa document checklist lists the documents most applications need.
Relationship statements and Form 888
Each partner normally provides one relationship statement that tells the story of the relationship in their own words. There is one statement per person, not a separate statement for each aspect. A spouse visa lawyer reviews the two statements against each other and against the documents so that dates, places and events match.
Form 888 is a supporting statement by a witness, usually an Australian citizen or permanent resident who knows the couple. It is not a statutory declaration. A spouse visa lawyer advises on who should provide a Form 888 and what it should cover. The firm's guides to the partner visa relationship statement and Form 888 for partner visas explain both documents.
Couples who married quickly or live apart
Some spouse visa applications need particular care. A couple who married soon after meeting, a couple with a large age gap, a couple from an arranged marriage, or a couple who has not lived together all face closer scrutiny.
None of these situations is a bar to a spouse visa. Each needs an explanation and evidence that answers the obvious question before the case officer asks it. The FAQ answers on getting a spouse visa after marrying soon after meeting, after an arranged marriage and with a big age gap explain how these cases are approached. Couples living apart can read partner visa long-distance relationship.
Published Tribunal decisions show that married couples are refused on these exact issues, and that those refusals are sometimes sent back to the Department on review. In Wang (Migration) [2024] ARTA 822, a Subclass 820 matter, the recorded issues were a genuine and continuing relationship where the couple married two months after meeting, the four aspects of the relationship and future plans. The Tribunal sent the matter back to the Department. In Koroma (Migration) [2026] ARTA 200, a Subclass 309 matter, the recorded issues included a valid marriage in the home country and limited financial, household and social aspects while the couple lived in different countries. That matter was also remitted. These decisions show what is at stake, and why a spouse visa lawyer would rather address these issues in the first application than at review.
Lodgement, the bridging visa and the waiting period
Lodgement is the point at which the spouse visa application becomes valid and the Department's assessment begins. The combined application and the sponsorship are lodged through ImmiAccount with the application charge.
A spouse visa lawyer at My Migration Lawyers checks the forms line by line before lodgement. The answers in the application must match the relationship statements, the evidence and every earlier visa application. A wrong answer about a previous refusal, an earlier marriage or a child can cause far more damage than any gap in evidence. The guides to Form 47SP for partner visas and the partner visa Form 40SP explain the main forms.
The bridging visa for onshore applicants
An onshore applicant who holds a substantive visa when lodging a valid Subclass 820 application is usually granted a Bridging visa A. It comes into effect when the current visa ends and keeps the applicant lawful while the application is processed.
A spouse visa lawyer explains the conditions of the bridging visa, the applicant's work rights and how to travel. A Bridging visa A does not allow re-entry to Australia. An applicant who needs to travel must apply for a Bridging visa B before leaving. The firm's guides to the partner visa bridging visa, partner visa bridging visa work rights and the partner visa Bridging visa B explain these rules.
Where a client's visa is about to expire, the firm can prepare an urgent onshore application. The urgent partner visa lodgement page explains how that work is handled.
During processing
Processing of a spouse visa can take a long time. During that period, a spouse visa lawyer:
- tells the Department about changes of address, passport, employment and family circumstances;
- uploads further evidence as the relationship continues;
- arranges health examinations and police certificates when requested; and
- prepares the couple for any interview or home visit.
The firm's articles on partner visa processing times, partner visa evidence after lodgement and the partner visa interview questions cover this period. The FAQ asking whether there will be an interview for a spouse visa gives the short answer.
Department requests: section 56 and section 57
A request from the Department during a spouse visa application is a critical moment. A good response can resolve the concern. A poor or late response can lead straight to a refusal.
Section 56 requests for more information
Under section 56 of the Migration Act 1958, the Department may invite the applicant to give additional information. The request sets a deadline. A spouse visa lawyer reads the request carefully, identifies what the case officer is actually concerned about and prepares targeted evidence and submissions. The firm's article on the partner visa s56 request explains the process, and partner visa s56 extension explains when more time may be requested.
Section 57 letters and adverse information
Under section 57, the Department must give the applicant particulars of certain adverse information that would be a reason for refusing the visa, and invite comment. A section 57 letter is often the last chance to respond before a decision. A spouse visa lawyer answers each item, explains inconsistencies and provides evidence. See the guide to the section 57 natural justice letter for a partner visa.
Couples who receive a request without a lawyer can still bring the firm in at that point. The FAQ on responding when Home Affairs asks for more relationship evidence explains how. A spouse visa lawyer who takes over a matter part way through reads the whole file first, because a response must be consistent with everything already lodged.
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The second stage: Subclass 801 and Subclass 100
The spouse visa is a two-stage visa, and the second stage is not automatic. After the temporary visa is granted, the Department assesses the permanent visa, usually around two years after the combined application was lodged. The couple must show that the marriage is still genuine and continuing at that time.
A spouse visa lawyer at My Migration Lawyers prepares the second stage as carefully as the first. The work includes updated evidence of the four aspects of the relationship, new Form 888 statements where needed, fresh police certificates, and an explanation of any change in circumstances since the first stage.
- Onshore. The permanent Subclass 801 follows the Subclass 820. The FAQ on what documents are needed for the 801 second stage and the article Subclass 820 vs Subclass 801 explain the transition.
- Offshore. The permanent Subclass 100 follows the Subclass 309. The FAQ on the Subclass 100 permanent stage explains how a lawyer assists.
Some couples with a long relationship, or a relationship with a child of the relationship, may be eligible for both stages to be granted together. The article on the partner visa double grant explains when that happens. A spouse visa lawyer checks for this possibility at lodgement, because it changes how the evidence should be presented.
The guide do I need a lawyer for the partner visa second stage addresses a common question. Where the relationship has broken down, or there has been family violence, the second stage needs urgent legal advice. The firm's family violence partner visa lawyers page explains the family violence provisions.
Complex and refused spouse visa cases
A spouse visa lawyer is most valuable where the case is complex. My Migration Lawyers deals with complex partner visa matters as a regular part of its work, including cases that other applicants would struggle to prepare alone.
Common complex spouse visa situations include:
- an applicant without a substantive visa who must meet Schedule 3 or show compelling reasons;
- an applicant with condition 8503, a section 48 bar or a previous refusal;
- a sponsor with a previous partner sponsorship or a relevant criminal conviction;
- a marriage that may not be recognised, or a partner who was still divorcing at the time of the marriage;
- a previous application that contained incorrect information;
- character concerns, including overseas convictions;
- health conditions that may require a waiver; and
- children who are migrating, or children whose other parent does not consent.
The article on complex partner visa applications explains what makes a case complex, and the complex partner visa lawyer page explains what the work involves. For applicants with earlier refusals, see partner visa lawyer for applicants with visa history problems.
When the spouse visa has already been refused
Where a spouse visa has been refused, the first job of a spouse visa lawyer is to read the decision record carefully and work out exactly why the delegate refused. The refusal reasons determine whether review, a fresh application or another option is the better path.
My Migration Lawyers acts on partner visa refusals for married and de facto couples. The firm's articles on the partner visa refusal letter, partner visa appeal vs reapplication and partner visa refused: what to do now explain the choices. Couples who believe an earlier representative made an error can read partner visa refused because of an agent's mistake.
Where a visa is cancelled rather than refused, a different process applies. The firm's visa cancellations page explains that work.
ART review of a spouse visa refusal
A refused spouse visa can usually be reviewed by the Administrative Review Tribunal. The Tribunal looks at the case again on its merits and can consider new evidence. A spouse visa lawyer prepares the review application, the evidence, written submissions and the couple's preparation for the hearing.
The deadline
The deadline to apply for review is strict. Under section 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 within 7 days if the applicant is in immigration detention on the day of notification. That time cannot be extended. Anyone who has just received a refusal should obtain advice immediately. The guide on the partner visa appeal deadline explains how the date is worked out.
Who applies
For a refused onshore Subclass 820 spouse visa, the applicant applies for review. For a refused offshore Subclass 309 spouse visa, the visa applicant applies for review in their own name under section 338(9) and the relevant amendments to regulation 4.02, not the Australian sponsor. A spouse visa lawyer makes sure the right person applies. The FAQ on who must apply for review of an offshore spouse visa refusal explains this point.
The fee
The ART application fee for review of a migration decision under Part 5 of the Migration Act is $3,580, as at October 2026. A reduced fee of 50% may be available in cases of financial hardship. The fee must be paid before the review deadline. The firm's article on partner visa ART fees explains the fee rules.
What review involves
A spouse visa lawyer at My Migration Lawyers addresses every reason for refusal, prepares new evidence, and prepares the couple and witnesses for the hearing. The firm's guides to the partner visa ART review process, the partner visa ART hearing and the partner visa ART appeal lawyer explain each step. The FAQ on who can help appeal a spouse visa refusal to the ART gives the short answer.
In Le (Migration) [2023] AATA 3496, a Subclass 820 matter, the recorded issues were a genuine and continuing relationship, a valid marriage, the four aspects of the relationship and a young Australian citizen child. The matter was sent back to the Department. Where the refusal deadline is close, the urgent ART visa refusal applications page explains how the firm handles short deadlines. Where the Tribunal affirms a refusal and there is a legal error, judicial review may be available.
What a spouse visa lawyer cannot do
A spouse visa lawyer cannot make a relationship genuine, cannot guarantee a grant and cannot extend a statutory deadline. Being honest about these limits is part of getting a spouse visa right the first time.
- A lawyer cannot create a relationship that does not exist. The Department and the Tribunal assess the real relationship. Evidence can be organised and explained, but it cannot be invented. A spouse visa lawyer will not prepare an application for a marriage entered into only for a visa, and the FAQ on what happens if the Department suspects a sham marriage explains the consequences.
- A lawyer cannot remove a statutory bar by argument alone. Where the sponsor cannot be approved, or Schedule 3 applies and there are no compelling reasons, the right advice may be to wait or to change the pathway.
- A lawyer cannot extend the ART deadline. A spouse visa lawyer who is contacted after the 28-day period has ended for a migration decision cannot make the review application valid. That is why a refusal must be acted on immediately.
- A lawyer cannot control processing times. Requests for priority processing can be made in limited circumstances, but the Department decides the order in which applications are assessed.
What a spouse visa lawyer can do is identify these problems early, explain the options truthfully and prepare the strongest application the facts allow.
Choosing a spouse visa lawyer
A couple choosing a spouse visa lawyer should look for clear advice, honesty about risk and a defined process. A lawyer who promises a result is not giving legal advice. No lawyer can guarantee a visa, and the FAQ on whether a lawyer can guarantee a partner visa explains why.
Useful questions to ask a spouse visa lawyer include:
- What are the main risks in our case, and how will you deal with each one?
- Which subclass should we apply for, and why?
- Is our marriage recognised for migration purposes?
- What evidence do we need, and what are we missing?
- Who prepares the statements and checks the forms?
- What happens if the Department sends a request or a section 57 letter?
- What is included in the fixed fee, and what is not?
Both lawyers and registered migration agents can assist with partner visas. A lawyer holds a legal practising certificate and works within the legal profession's regulatory framework. The article on migration agent vs immigration lawyer explains the difference factually. The firm's articles on partner visa lawyer fees and the partner visa lawyer costs agreement explain what a quote should include. Couples comparing doing it themselves with legal help can read partner visa lawyer vs doing it yourself.
How My Migration Lawyers acts as your spouse visa lawyer
My Migration Lawyers acts as spouse visa lawyer for married couples applying onshore and offshore, and for couples whose spouse visa has run into trouble. The firm is led by Principal Lawyer Weiwei Zhang and acts in many partner visa matters for married couples, including complex cases involving Schedule 3, condition 8503, sponsorship limitations, sponsor criminal records, unrecognised marriages, previous refusals and PIC 4020.
On a spouse visa matter, the firm:
- gives a clear legal assessment at the first video consultation, including whether the couple should apply now;
- runs a pre-lodgement risk review of the applicant's visa position, the sponsor, the marriage and the evidence;
- plans the evidence of the four aspects of the relationship and reviews the relationship statements and Form 888 statements;
- checks every form against the evidence and earlier visa history, then lodges the combined application and sponsorship;
- manages the bridging visa, Bridging visa B travel requests and change of circumstances notifications;
- responds to section 56 requests and section 57 letters;
- prepares the second stage for the Subclass 801 or Subclass 100; and
- acts on refusals and ART review within the deadline.
The firm works on fixed fees per matter, agreed in a written costs agreement before work begins. It acts for clients across Australia through its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth and Adelaide, and for couples overseas by video. Couples can read the short answers on who can help with a spouse visa in Australia and what My Migration Lawyers does.
The best time to speak with a spouse visa lawyer is before the application is lodged, when every risk can still be fixed. The next best time is the day a request or refusal arrives. Book a consultation with My Migration Lawyers, or call 1300 040 300.
Frequently Asked Questions
What does a spouse visa lawyer do in Australia?
A spouse visa lawyer prepares and manages a married couple's partner visa from assessment to the permanent grant. The work includes checking the applicant's visa status and any condition 8503 or Schedule 3 issue, assessing the sponsor, confirming that the marriage is recognised, planning the relationship evidence, reviewing statements and Form 888 supporting statements, lodging the combined application and sponsorship, managing the bridging visa, answering Department requests, and preparing the second stage. If the visa is refused, a spouse visa lawyer can also act on review at the Administrative Review Tribunal.
Is there a spouse visa in Australia?
Not as a separate visa. "Spouse visa" is the common name for the partner visa when the couple is married. A married applicant applies for the onshore Subclass 820 and Subclass 801 partner visa, or the offshore Subclass 309 and Subclass 100 partner visa, as the sponsor's spouse. The criteria are the partner visa criteria, and the Department assesses whether the marriage is valid and whether the relationship is genuine and continuing. Engaged couples who have not yet married use the Subclass 300 Prospective Marriage visa instead.
Do I need a spouse visa lawyer if we are legally married?
Being legally married does not mean the visa will be granted. The Department still assesses whether the relationship is genuine and continuing, whether the applicant can validly apply, whether the sponsor can be approved, and whether character, health and integrity criteria are met. Many refused spouse visas involve couples who were validly married. A spouse visa lawyer is most useful where there is a visa status issue, a sponsor issue, a short relationship, time spent apart, a previous refusal or an unusual marriage.
Is a marriage certificate enough for a spouse visa?
No. A marriage certificate proves that a marriage took place. It does not prove that the relationship is genuine and continuing. The Department looks at the financial aspects of the relationship, the nature of the household, the social aspects and the nature of the commitment. Couples who rely mainly on the certificate and wedding photographs are exposed to refusal, particularly where they married soon after meeting or have lived apart. The evidence must show a shared life and a mutual commitment to a shared life.
Can a spouse visa lawyer help if my partner and I have never lived together?
Yes. Many married couples have not lived together, often because of visa rules, work, culture or religion. Living together is not a strict requirement for a spouse visa, but the absence of a shared household must be explained and the other aspects of the relationship must be well evidenced. A spouse visa lawyer will look at the reasons for living apart, the time spent together, communication, financial support and future plans, and present them so the case officer understands the relationship.
Should we apply onshore or offshore for a spouse visa?
It depends on where the applicant is and on their visa position. An onshore Subclass 820 application requires the applicant to be in Australia when applying and usually gives a bridging visa. An offshore Subclass 309 application requires the applicant to be outside Australia when applying and when the temporary visa is granted. Condition 8503, Schedule 3, the section 48 bar and travel plans all affect the choice. A spouse visa lawyer weighs these factors before advising which subclass fits.
Can my sponsor's past stop our spouse visa?
Yes, in some cases. The Department assesses the sponsor as well as the applicant. A sponsorship can be refused where the sponsor has previously sponsored a partner, or was granted a partner visa, within the restricted period, unless compelling circumstances apply. A sponsor convicted of a relevant offence under regulation 1.20KC may also be refused, depending on whether there is a significant criminal record. A spouse visa lawyer checks the sponsor's history before lodgement so that these issues are dealt with at the start.
What happens if our overseas marriage is not recognised in Australia?
If an overseas marriage is not recognised for Australian migration purposes, the couple cannot rely on it as a spouse relationship. The couple may still be able to apply as de facto partners if they meet the de facto requirements, or may need to marry again in a form that is recognised. Proxy, online, religious-only, customary and polygamous marriages can raise recognition issues. A spouse visa lawyer checks the marriage before lodgement so that the application is made on the correct basis.
How long does a spouse visa take?
Processing times vary, and the Department publishes current processing times on its website. A combined spouse visa application is processed in two stages. The temporary Subclass 820 or Subclass 309 is assessed first, and the permanent Subclass 801 or Subclass 100 is usually assessed around two years after the combined application was lodged. A complete, consistent application with strong evidence avoids delays caused by requests for further information, but no lawyer can control the Department's processing order.
Can I work while my onshore spouse visa is processed?
Usually, yes. An applicant who holds a substantive visa when lodging a valid Subclass 820 application is normally granted a Bridging visa A, which comes into effect when the current visa ends. Bridging visas granted with partner visa applications generally carry work rights, but the conditions on each grant should be checked. An applicant who wants to travel overseas while waiting must apply for a Bridging visa B before leaving, because a Bridging visa A does not allow return to Australia.
What should I do if the Department sends a section 56 request or section 57 letter?
Read it carefully, note the deadline and obtain advice before responding. A section 56 request asks for more information. A section 57 letter sets out adverse information that could lead to refusal and invites comment. Both are opportunities to fix concerns before a decision is made. A spouse visa lawyer identifies what the case officer is worried about, prepares evidence and submissions that answer each point, and makes sure the response is consistent with everything already lodged.
Can a spouse visa lawyer take over an application we lodged ourselves?
Yes. Many couples lodge their own spouse visa and then seek legal help when the Department sends a request, an interview invitation or a section 57 letter, or when the second stage approaches. A spouse visa lawyer first reviews the complete application, the evidence and the earlier visa history, then identifies any errors that need to be corrected through the proper forms. The firm then lodges the forms appointing it as representative and manages the matter from that point.
How long do I have to appeal a spouse visa refusal?
For a reviewable migration decision, the application for review to the Administrative Review Tribunal must be made within 28 days after the day the applicant is notified of the decision. If the applicant is in immigration detention on the day of notification, the period is 7 days. The period cannot be extended, and the ART application fee must be paid within it. Time runs from the day the applicant is notified, which may not be the date printed on the decision, so advice should be obtained immediately.
Who applies for review of an offshore Subclass 309 spouse visa refusal?
The visa applicant applies in their own name. Section 338(9) of the Migration Act 1958 and the 2023 amendments to regulation 4.02 provide for the Subclass 309 applicant to seek review of the refusal, rather than the Australian sponsor. For a refused onshore Subclass 820 spouse visa, the applicant also applies for review. Lodging the review in the wrong name can cause the application to fail, so a spouse visa lawyer checks who the correct applicant is before the review is lodged.
How much does it cost to apply to the ART after a spouse visa refusal?
As at October 2026, the Administrative Review Tribunal application fee for review of a migration decision under Part 5 of the Migration Act 1958 is $3,580. A reduced fee of 50% of the full fee may be available in cases of financial hardship. The fee must be paid before the review deadline. Professional fees for preparing the review are separate and depend on the matter. Checking the current fee on the Tribunal's website at the time of applying is recommended.
Can the second stage of a spouse visa be refused?
Yes. The permanent Subclass 801 or Subclass 100 is assessed separately, and the couple must show that the relationship is still genuine and continuing at that time. Updated evidence of the four aspects of the relationship, current police certificates and an explanation of any change in circumstances are usually needed. Where the relationship has ended, the applicant may still have options in limited cases, including where there has been family violence or the death of the sponsor. A spouse visa lawyer prepares the second stage with the same care as the first.
























