Who Should I Hire to Lodge My Partner Visa So It Doesn't Get Refused?

Why do partner visas get refused?

Partner visas are most often refused because the Department is not satisfied that the relationship is genuine and continuing, or because a legal criterion such as Schedule 3, the 12-month de facto rule, sponsorship limits, health or character is not met. Some refusals follow an unanswered request for information. Many of these causes can be identified before lodgement. Our article on why partner visas get refused explains each one.

What does a lawyer check before lodging a partner visa?

Before lodging a partner visa, a lawyer checks that the applicant can validly apply from where they are, that the sponsor is not affected by sponsorship limits, and that the relationship meets the legal definition on the day of lodgement. The lawyer also compares the new application with every earlier visa application, so that previous relationships, addresses and travel are disclosed consistently. Our article on partner visa previous relationships explains why consistency matters.

Can a lawyer stop my partner visa being refused?

A lawyer cannot promise that a partner visa will not be refused, and anyone who does should be treated with caution. What a lawyer can do is prepare evidence that answers the Department's likely concerns, avoid mistakes that make an application invalid, and respond properly to requests under section 56 and natural justice letters under section 57. Our article on partner visa approval tips covers the steps that make the most difference.

What evidence reduces the risk of refusal?

The evidence that reduces the risk of refusal is evidence that covers all four aspects of the relationship over its whole length, not only recent months. Financial records, shared household documents, evidence that friends and family know the couple as partners, and proof of commitment through time together and plans all count. Gaps should be explained honestly rather than left for the Department to question. Our guide on how much evidence a partner visa needs gives practical guidance.

Which risks should onshore applicants raise with a lawyer?

Onshore applicants should raise their current visa, its conditions and any time spent in Australia without a visa. Condition 8503 must be waived before applying, and applicants without a substantive visa must generally meet Schedule 3, which is waived only for compelling reasons. Our page on Schedule 3 waivers explains what the Department expects.

Should we wait before lodging to reduce the risk of refusal?

Waiting before lodging can reduce the risk of refusal when the relationship is short, the couple have only just started living together, or key evidence is still missing. For de facto couples who do not yet meet the 12-month requirement, waiting or registering the relationship may be necessary. Waiting is not always safe, however, because an applicant's current visa may expire. Our article on partner visa short relationships explains how to weigh these choices.

How does My Migration Lawyers reduce refusal risk before lodgement?

My Migration Lawyers reduces refusal risk by doing its risk check before the visa application charge is paid. The firm reviews the couple's full visa history and earlier applications, tests the relationship against the legal definition, identifies any onshore bar or sponsorship limit, and tells the couple plainly if more evidence or a different path is needed. Only then does the firm prepare and lodge the application, on a fixed fee agreed in writing. Couples can read about our partner visa lawyers.