Can a Lawyer Guarantee My Partner Visa Will Be Approved?

Why can no lawyer guarantee a partner visa?

No lawyer can guarantee a partner visa because the power to grant or refuse it belongs to the Minister and the Department's delegates, not to the applicant's representative. The decision maker must be satisfied that every criterion is met, including the genuineness of the relationship, health, character and the public interest criteria. Some of those matters, such as health examination results or police certificates, are outside anyone's control. Our article on why partner visas get refused shows how many different issues can affect the outcome.

Should I be concerned if someone guarantees my partner visa?

A client should be cautious if anyone guarantees a partner visa, because the promise cannot be kept and may lead the couple to overlook real risks. Professional rules for lawyers and for registered migration agents do not permit misleading statements about likely outcomes. A careful adviser explains the strengths and weaknesses of the case and what can be done about the weaknesses. Our guide to choosing Australian migration lawyers lists other points to consider.

What can a lawyer do to reduce the risk of refusal?

A lawyer reduces the risk of refusal by confirming that the application is valid, choosing the correct subclass, addressing problems such as Schedule 3, condition 8503 or an earlier refusal before lodgement, and presenting evidence that covers each of the four aspects of the relationship. Consistency between the partner visa and earlier visa applications is also checked. Our article on partner visa approval tips explains what case officers look for, and our article on a partner visa application review describes the checks involved.

Do published success rates show whether a lawyer will get my visa approved?

Published success rates do not show whether a particular partner visa will be approved, because every couple's facts are different and the figures do not reveal which cases were taken on or how they were counted. A more reliable guide is how the lawyer explains the specific risks in the couple's own case. Our article on the partner visa success rate explains why headline figures are of limited help.

What happens if my partner visa is refused despite legal help?

A partner visa refused despite legal help can usually be reviewed by the Administrative Review Tribunal, which considers the case again and can take new evidence into account. The time limit for review is short and strictly applied, so the refusal letter should be read the day it arrives. A new application may also be possible in some cases. Our page on partner visa refusals explains the review process.

How does My Migration Lawyers approach risk in a partner visa?

My Migration Lawyers approaches risk in a partner visa by telling the couple plainly what could lead to refusal in their case and what can be done about each issue before the application is lodged. The firm does not promise outcomes. Instead, it agrees a fixed scope of work, prepares the evidence and any submissions the case requires, and manages every request from the Department until the decision. Couples can read about our partner visa lawyers and request a consultation through the form on this page.