Can You Recommend a Lawyer to Check My Partner Visa Before I Lodge?

What does a lawyer check before a partner visa is lodged?

A lawyer checking a partner visa before lodgement looks first at validity, then at eligibility, and then at the evidence. Validity covers the correct subclass, the applicant's location, any condition 8503, Schedule 3 or section 48 issue, and payment of the charge. Eligibility covers the relationship requirements, the sponsor's status and sponsorship limits, and health and character. Our article on the partner visa application review describes the full review process.

Why check a partner visa before lodging rather than after?

Checking a partner visa before lodging matters because some problems cannot be fixed after lodgement. An application lodged in the wrong subclass or from the wrong place may be invalid, and a Schedule 3 waiver is judged on the circumstances at the time of application. Inconsistent answers can also create a PIC 4020 concern once they are before the Department. Evidence uploaded after lodgement is still considered, but a weak first impression can lead to requests for information and a longer assessment. Our article on a partner visa without a lawyer explains the most common self-lodgement errors.

How does a lawyer review the relationship evidence?

A lawyer reviews the relationship evidence by testing it against the four aspects the Department assesses and identifying gaps that a case officer is likely to notice. The review usually covers the relationship statement, Form 888 statements, financial and household documents, and the timeline of the relationship. Our guide to the partner visa four pillars and our partner visa document checklist show what each aspect needs.

Will a lawyer compare my partner visa with my earlier visa applications?

A careful lawyer will compare the partner visa with earlier visa applications, because the Department does the same. Differences in relationship status, addresses, employment or travel history between the partner visa and an earlier visitor or student visa need to be explained, or corrected where an earlier answer was wrong. Our article on partner visa conflicting statements explains how these differences are handled.

Can a lawyer check my application and leave me to lodge it?

A lawyer can check an application and leave the couple to lodge it themselves, where that limited scope is agreed in writing. Some couples then choose to have the lawyer lodge and manage the application instead, so that requests from the Department go to the lawyer as the authorised recipient. Either option should be clear in the costs agreement. Our article on getting an immigration lawyer second opinion explains how review-only engagements work.

How does My Migration Lawyers carry out a pre-lodgement partner visa check?

My Migration Lawyers carries out a pre-lodgement check by reading the draft application, the sponsor's details and the evidence together, then advising the couple in writing what should change before lodgement and why. The firm pays particular attention to validity risks and to differences between the draft and the applicant's earlier visa applications, because these are the issues couples are least likely to see themselves. Couples can find out more about our partner visa lawyers and the Subclass 820 visa process.