Who Is the Best Immigration Lawyer for a Partner Visa in Australia?

Does a general immigration lawyer know enough about partner visas?

A general immigration lawyer may know enough about partner visas for a simple application, but partner visas have rules that are easy to miss without regular practice. These include the 12-month rule for de facto couples, the sponsorship limits in regulation 1.20J, condition 8503, Schedule 3 and the permanent stage two years after lodgement. A lawyer who works on partner visas often will recognise these issues at the first meeting. Our article on immigration lawyers for partner visas sets out the work involved.

What makes an immigration lawyer suitable for my partner visa?

An immigration lawyer is suitable for your partner visa when their experience matches the problem you actually have. An onshore applicant on a visitor visa needs a lawyer who understands condition 8503 waivers and Schedule 3. A sponsor bringing a partner from overseas needs a lawyer who can present a relationship that has been lived mostly at a distance. A couple with an earlier refusal needs a lawyer who reads the refusal reasons first. Our guide on the partner visa pathway in Australia explains how the starting point changes the work.

Should I choose an immigration lawyer or a migration agent?

Both an immigration lawyer and a registered migration agent can lodge a partner visa application. Lawyers practise under a practising certificate and are regulated by the legal profession bodies, while registered migration agents are regulated by the Office of the Migration Agents Registration Authority. Couples should choose the adviser whose knowledge and approach fits their case. Our article on migration agent or lawyer for a partner visa explains the factual differences.

What questions should I ask an immigration lawyer about a partner visa?

The most useful questions to ask an immigration lawyer about a partner visa are which subclass you should apply for, whether you meet every requirement today, what the weakest part of your evidence is, who will do the work, and what the fixed fee covers. You should also ask what happens if the Department sends a request under section 56 or a natural justice letter under section 57. Our article on partner visa lawyer fees explains what a fee should cover.

When does a partner visa need an immigration lawyer most?

A partner visa needs an immigration lawyer most when something in the couple's history could be held against them. Common examples are a short relationship, long periods living apart, a previous partner visa sponsorship, an earlier refusal or cancellation, a criminal record or a visa that carries condition 8503. These are the situations described in our article on complex partner visa applications, and they are where careful preparation makes the most difference.

How does My Migration Lawyers act as an immigration lawyer on partner visas?

My Migration Lawyers works on partner visas as a core part of its migration practice, under the supervision of Principal Lawyer Weiwei Zhang. The firm starts by confirming which subclass applies and whether any onshore bar or sponsorship limit stands in the way, then prepares the application and the relationship evidence and manages the case through to the permanent stage. Work is done on fixed fees agreed in writing beforehand. Couples can read how our partner visa lawyers work, including on the Subclass 820 visa.