Can a Lawyer Request Priority Processing of My Partner Visa?

Can a lawyer ask the Department to prioritise my partner visa?

A lawyer can ask the Department to prioritise a partner visa by writing to the Department with the reasons and the supporting evidence. The Department decides whether to give the application priority, and it is not required to agree. A request is most likely to be considered where the circumstances are serious and documented, such as a critical illness, the death of a close family member or a pregnancy with complications. Our article on partner visa priority processing explains how these requests are made.

Is there a fee to speed up a partner visa?

There is no fee that can be paid to speed up a partner visa. The application charge covers the processing of the application, and paying more does not move it forward. Couples should be cautious of anyone who claims to offer a guaranteed fast track. Our article on partner visa processing times explains what affects how long an application takes.

What makes a partner visa application faster to decide?

A partner visa application is usually faster to decide when it is complete and ready for decision at lodgement, with full relationship evidence, health examinations, police certificates and identity documents already provided. An incomplete application often waits for requests and responses, which adds months. Our guides on how much evidence a partner visa needs and the partner visa checklist explain what to include.

What circumstances support a priority processing request?

Circumstances that support a priority processing request are those where delay would cause serious harm that the couple cannot avoid. Examples include a serious medical condition of the applicant or sponsor, an imminent birth where the parent cannot travel, or caring responsibilities for a seriously ill family member. A wish to start work, buy a home or plan a wedding is generally not enough. The request should be short, factual and backed by documents such as medical letters. A request that overstates the urgency, or that repeats the same reasons every few weeks, rarely helps and can damage the applicant's credibility with the case officer. Where the urgency changes, for example after a new diagnosis, a fresh request with the new evidence is appropriate. Couples with a pending onshore application should also remember that a Subclass 820 can be granted only while the applicant is in Australia, so urgent travel plans need advice first. Our page on the Subclass 820 visa explains that rule.

What should I do if my partner visa seems stuck?

An applicant whose partner visa seems stuck should first check whether the application is outside the Department's published processing times and whether any request from the Department has gone unanswered. Updating evidence and responding promptly often matters more than a priority request. Our article on partner visa processing delays explains the steps, and our article on urgent immigration lawyer advice explains when to act quickly.

How does My Migration Lawyers approach a priority processing request?

My Migration Lawyers first checks whether the application is complete, because a request for priority has little effect if the Department would still need to ask for missing documents. The firm then assesses whether the circumstances are serious enough to justify a request, gathers the medical or other evidence and writes a focused request to the Department. Where a request is unlikely to succeed, the firm says so plainly and focuses on making the file ready for decision. Couples can speak with our partner visa lawyers about their situation.