Can a Lawyer Help an Australian Citizen Sponsor Their Partner?

What does a lawyer do for an Australian citizen sponsor?

A lawyer for an Australian citizen sponsor confirms that the sponsor can sponsor, explains the legal undertakings the sponsor gives, prepares the sponsorship that the sponsor lodges online after the applicant's application, and makes sure the sponsor's evidence supports the relationship case. The sponsor is usually the person in Australia with access to the documents, so the lawyer works closely with the sponsor throughout. Our partner visa lawyers explain each step before it happens.

Can every Australian citizen sponsor a partner?

Not every Australian citizen can sponsor a partner, even though citizenship meets the basic status requirement. A citizen who has already sponsored a partner, or who was sponsored as a partner, may be caught by the limits in regulation 1.20J, which are waivable only for compelling circumstances affecting the sponsor. Our page on sponsorship limitations explains how the limits are counted. A sponsor's criminal history can also matter, particularly where children are included.

What evidence does an Australian citizen sponsor provide?

An Australian citizen sponsor provides proof of citizenship and identity, evidence of the relationship from the sponsor's side, a relationship statement or contribution to the couple's statement, and documents about any previous marriage or sponsorship. Our article on partner visa relationship evidence shows how the sponsor's records support the four aspects of the relationship. Supporting statements from friends and family are usually given on Form 888, which is a supporting statement and not a statutory declaration.

Does it matter whether the partner is in Australia or overseas?

Whether the partner is in Australia or overseas decides which visa is lodged and what risks need to be managed. A partner in Australia usually applies for the Subclass 820 visa, which depends on the partner's current visa and conditions. A partner overseas applies for the Subclass 309 visa online and is generally outside Australia when it is granted. Our partner visa pathway guide compares the options.

What sponsor mistakes cause problems in partner visa applications?

The sponsor mistakes that cause problems in partner visa applications include not disclosing an earlier sponsorship, giving dates of the relationship that differ from the applicant's, failing to lodge the sponsorship on time after the applicant's application, and leaving the evidence to the applicant alone. Inconsistent accounts are a common basis for doubt about the relationship, as our article on conflicting statements explains.

How does My Migration Lawyers work with Australian citizen sponsors?

My Migration Lawyers works with Australian citizen sponsors as active participants in the case rather than as a signature at the end. The firm checks the sponsor's history for sponsorship limits and character issues at the start, explains the undertakings in plain English, and has both partners review the relationship account so the two versions match. Where the sponsor lives in a different city or country from the applicant, the firm coordinates both sides of the file so neither partner is waiting on the other. The firm works on fixed fees agreed before work starts and acts by video and email for sponsors anywhere in Australia.