Who Can Help With a Husband Visa in Australia?

What is a husband visa in Australia?

A husband visa in Australia is the common name for a partner visa where the applicant is the husband of an Australian citizen, Australian permanent resident or eligible New Zealand citizen. There is no separate visa for husbands. A husband in Australia generally applies for the Subclass 820 and Subclass 801, and a husband outside Australia applies for the Subclass 309 and Subclass 100. Our article on choosing a partner visa pathway compares the options.

What does a lawyer do on a husband visa?

A lawyer on a husband visa confirms the marriage is recognised and the sponsor is eligible, checks the husband's visa and travel history, chooses the subclass and prepares the application, the sponsorship and the relationship evidence. The lawyer then responds to Department requests, including section 56 requests for information and section 57 invitations to comment on adverse information. Our page on the Subclass 820 visa and our page on the Subclass 309 visa show this work at each stage. Where children are included, the lawyer also deals with consent from any other parent and the children's own health and character requirements.

When does a husband visa need legal advice before lodging?

A husband visa needs legal advice before lodging where the husband is in Australia on a visitor visa, has overstayed, has had a visa refused or cancelled, or has a criminal record, or where the sponsor has sponsored a partner before. These issues can make an application invalid or lead to refusal. Our articles on partner visas while on a tourist visa and the partner visa criminal record explain the most common risks.

How should I choose a lawyer for a husband visa?

A lawyer for a husband visa should be chosen by checking that they hold a current practising certificate, work mainly in migration law, explain the scope of their work and the fee before starting, and can say how they would handle a refusal or a complex history. Registered migration agents can also lodge visa applications and are regulated by the Office of the Migration Agents Registration Authority, while lawyers are regulated by the legal profession bodies. Our article on fixed-fee immigration lawyers explains how fixed fees work.

Can a lawyer help after a husband visa is refused?

A lawyer can help after a husband visa is refused by reading the refusal reasons, identifying what evidence or argument was missing and advising whether to seek review at the Administrative Review Tribunal or lodge a new application. Review deadlines are short and strictly applied, and for an offshore Subclass 309 refusal it is the husband as the visa applicant who must apply for review in his own name. Our page on partner visa refusals explains how review applications are prepared.

How does My Migration Lawyers work on husband visas?

My Migration Lawyers works on husband visas with both spouses, often across time zones, by video consultation and email from its Sydney office at Level 1, 60 Martin Place. The firm, led by Principal Lawyer Weiwei Zhang, who can consult in Mandarin, agrees a fixed fee before work starts and takes the matter from first advice to decision. Couples can learn more about Weiwei Zhang and our partner visa lawyers.