Do I Need a Lawyer or a Migration Agent for a Partner Visa?

What is the difference between a migration lawyer and a migration agent?

The difference between a migration lawyer and a registered migration agent lies mainly in their qualifications and regulation. A migration lawyer holds a law degree and a practising certificate and is regulated by the legal profession bodies in their state or territory. A registered migration agent is registered with the Office of the Migration Agents Registration Authority, must meet its requirements and is bound by its Code of Conduct. Our article on migration agent versus immigration lawyer explains these differences in detail.

Can both lawyers and migration agents lodge a partner visa?

Both lawyers and registered migration agents can prepare and lodge a partner visa, respond to requests from the Department and act for applicants at the Administrative Review Tribunal. Many partner visa applications are handled well by either kind of adviser. The more useful question is whether the particular adviser has the experience the couple's case needs. Our article on whether to use a partner visa migration agent or lawyer sets out the points to compare.

When might a lawyer be the natural choice for a partner visa?

A lawyer may be the natural choice for a partner visa where the case is likely to involve court proceedings, overlapping legal issues such as family law or criminal law, or a need for legal professional privilege over communications. Couples with a refusal that may raise a legal error, or with criminal charges or family law disputes affecting the application, often prefer a lawyer for that reason. Our article on partner visa judicial review explains how court review differs from Tribunal review.

What should I check whichever adviser I choose?

Whichever adviser a couple chooses, they should check that the adviser is currently registered or holds a practising certificate, works mainly in migration, explains the risks in the couple's own case, and agrees a clear scope and fee in writing before work starts. Prompt written communication is also important, because Department deadlines are short. Our guide to choosing Australian migration lawyers lists further questions.

Do I need either a lawyer or an agent at all?

A couple does not need either a lawyer or an agent at all, because partner visas can be lodged online by the applicant. Professional help is most valuable where the case raises Schedule 3, condition 8503, section 48, an earlier refusal, character or health issues, or limited evidence. Our article comparing a partner visa lawyer and DIY explains when self-lodgement is realistic.

How does My Migration Lawyers act for partner visa clients?

My Migration Lawyers acts for partner visa clients as a law firm led by Principal Lawyer Weiwei Zhang, who holds a practising certificate and can consult in Mandarin. The firm works on fixed fees agreed before work starts, acts in onshore, offshore and prospective marriage visas, and also advises on refusals and Tribunal review. Clients across Australia and overseas meet the firm by video. Couples can learn more about our partner visa lawyers and request a consultation through the form on this page.