Who Can Help With a De Facto Visa in Australia?

Who can lodge a de facto visa application for me?

A de facto visa application can be lodged for an applicant by an Australian lawyer with a practising certificate or by a registered migration agent. Lawyers are regulated by the legal profession bodies in their state or territory, and registered migration agents are regulated by the Office of the Migration Agents Registration Authority. Both can lodge visa applications and act for applicants. Our article on whether to use a migration agent or a lawyer sets out the factual differences.

What does a lawyer check on a de facto visa?

A lawyer on a de facto visa checks that the relationship meets the test in section 5CB of the Migration Act, that the 12-month requirement is met or an exception applies, that the sponsor is eligible and not limited by previous sponsorships, and that the applicant can lodge from their current location and visa. The lawyer also looks for inconsistencies between the couple's accounts and earlier visa applications. Our guide to the de facto partner visa explains these requirements.

When is legal help most useful for a de facto visa?

Legal help is most useful for a de facto visa where the start date of the relationship is uncertain, the couple has lived apart, one partner is still married to someone else, the applicant has condition 8503 or no substantive visa, or there is an earlier visa refusal. These issues affect eligibility, and mistakes are hard to fix after lodgement. Our article on complex partner visa applications explains what makes a case complex.

How do I judge a de facto visa lawyer?

A de facto visa lawyer can be judged by checking that they hold a current practising certificate, focus on migration law, give a clear written scope and fixed fee before work begins, explain how they would handle a request for information or a refusal, and communicate clearly. Our article on how to choose a partner visa lawyer explains these points in more detail.

Can a lawyer help with a de facto visa from anywhere in Australia?

A lawyer can help with a de facto visa from anywhere in Australia, because the application is lodged online and the work is done by consultation and document exchange. My Migration Lawyers is based at Level 1, 60 Martin Place, Sydney, and acts for clients across Australia and overseas by video and email. Couples in New South Wales can also read about our partner visa lawyers in Sydney.

What does My Migration Lawyers do on a de facto visa?

My Migration Lawyers works on a de facto visa by first settling the question most de facto applications turn on, which is when the relationship began and whether that date satisfies the 12-month rule or a registration exception. The firm then prepares the application, the relationship statement and the Form 888 statements, responds to every Department request, and keeps the evidence updated until the permanent stage. The firm works on fixed fees agreed before work starts, and couples can speak with our partner visa lawyers about their application.