Who Is the Best Partner Visa Lawyer in Australia?
Key points
- Married couples are assessed under section 5F of the Migration Act and de facto couples under section 5CB.
- De facto couples generally need 12 months of relationship before lodgement unless an exception applies (regulation 2.03A).
- Sponsorship limits in regulation 1.20J can stop a sponsor from sponsoring unless compelling circumstances exist.
- The permanent stage is generally assessed two years after lodgement.
What skills does a good partner visa lawyer need?
A good partner visa lawyer needs to understand both the legal criteria and the way a relationship is proved. The legal side covers eligibility, sponsorship limits, onshore bars and the two-stage process. The evidence side covers the four aspects of the relationship, the relationship statement and Form 888 statements from people who know the couple. Our article on partner visa relationship evidence shows how these fit together.
How do I know if a partner visa lawyer is right for my case?
A partner visa lawyer is right for your case if they identify your main risk at the first meeting and explain how they would deal with it. For one couple that risk is a relationship shorter than 12 months, for another it is a sponsor who sponsored a previous partner, and for another it is condition 8503 on the applicant's visa. A lawyer who gives the same general answer to every couple is not looking closely enough. Our article on partner visa sponsorship limitations explains one issue that is often missed.
Is the best partner visa lawyer the most expensive one?
The best partner visa lawyer is not necessarily the most expensive one. What matters is whether the fee covers the work your case actually needs, including requests from the Department and the permanent stage, and whether it is agreed in writing before work starts. Our partner visa lawyers fees guide explains what a fee should include.
Do I need a lawyer at all for a partner visa?
Not every couple needs a lawyer for a partner visa, and some straightforward applications are prepared by the couple themselves. A lawyer adds most value where the relationship is short, the couple have lived apart, either partner has an earlier refusal or relationship that must be disclosed, or the applicant is in Australia without a substantive visa. Our article comparing a partner visa lawyer and doing it yourself explains the trade-offs.
What should happen if my partner visa is refused?
If a partner visa is refused, the couple should get advice immediately, because the time to apply to the Administrative Review Tribunal is short and strictly applied. A good partner visa lawyer will confirm the deadline, identify who must apply and explain whether review or a new application is the better path. Our page on partner visa refusals explains how review works.
What questions should I ask before engaging a partner visa lawyer?
Before engaging a partner visa lawyer, ask who will prepare and supervise your application, what the fixed fee includes, how requests from the Department are handled, and whether the permanent stage is covered. Ask the lawyer to name the biggest risk in your case and how they would address it. Our article on choosing Australian migration lawyers lists further questions worth asking.
How does My Migration Lawyers approach a partner visa from start to finish?
My Migration Lawyers approaches each partner visa as a matter that will run until permanent residence, not only until the first grant. The firm first confirms the right subclass and checks for sponsorship limits, visa conditions and disclosure issues, then prepares the relationship evidence and statements, lodges the application and responds to every Department request. The firm stays engaged for the permanent stage two years later. Couples can read about our partner visa lawyers and the work of Principal Lawyer Weiwei Zhang.
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