Do I Need a Lawyer for a Partner Visa?

Can I apply for a partner visa without a lawyer?

A couple can apply for a partner visa without a lawyer, because the application is lodged online through ImmiAccount and the Department does not require applicants to be represented. Many straightforward applications are prepared by couples themselves. The applicant remains responsible for the accuracy of every answer and document, whether or not they are represented. Our article on a partner visa without a lawyer explains what self-lodgement involves.

When is a lawyer most useful for a partner visa?

A lawyer is most useful for a partner visa when something in the couple's history could make the application invalid or lead to refusal. Examples include an applicant without a substantive visa who must meet Schedule 3, a visa with condition 8503, an earlier refusal or cancellation, a sponsor who has sponsored before, criminal history, a health condition, a short or long-distance relationship and inconsistencies with earlier visa applications. Our article on complex partner visa applications explains each of these.

What are the common mistakes when couples apply alone?

Common mistakes when couples apply alone include choosing the wrong subclass, lodging from the wrong place, missing a condition 8503 or Schedule 3 issue, giving answers that differ from earlier visa applications, and presenting evidence that does not address all four aspects of the relationship. Missed deadlines on requests from the Department are another frequent cause of refusal. Our article on common partner visa refusal reasons shows how these mistakes lead to refusals.

Is a lawyer or a migration agent needed for a partner visa?

Either a lawyer or a registered migration agent can prepare and lodge a partner visa application, and neither is legally required. The factual difference is in regulation: lawyers practise under a practising certificate overseen by the legal profession bodies, and registered migration agents are overseen by the Office of the Migration Agents Registration Authority. Our article on whether to use a migration agent or a lawyer explains the factual differences.

Can I use a lawyer for only part of my partner visa?

A couple can use a lawyer for only part of a partner visa, for example an eligibility assessment, a review of the application before lodgement, or a response to a request from the Department, where that limited scope is agreed in writing. A limited review often catches the problems that matter most at a lower overall cost than full representation. Our article on a partner visa application review and our article comparing a partner visa lawyer and DIY explain the options.

How does My Migration Lawyers help couples decide whether they need a lawyer?

My Migration Lawyers helps couples decide by assessing their circumstances in a paid consultation and telling them plainly which parts of their case carry risk and what legal work those risks require. Where the firm is engaged, it works on a fixed fee agreed before work starts and manages the application through to a decision. Couples can read about our partner visa lawyers and the Subclass 820 visa and Subclass 309 visa pathways before booking.