Can a Lawyer Review Our Relationship Evidence Before We Lodge?
Key points
- The Department assesses the financial aspects, the nature of the household, the social aspects and the nature of the commitment (regulations 1.09A and 1.15A).
- De facto couples must generally meet the 12-month requirement in regulation 2.03A at the time of application.
- Form 888 is a supporting statement from an Australian citizen, Australian permanent resident or eligible New Zealand citizen who knows the couple, not a statutory declaration.
- False or misleading information or a bogus document can lead to refusal under PIC 4020.
What does a lawyer look for in our relationship evidence?
A lawyer looks for evidence that covers each of the four aspects of the relationship over the whole period, not just recent months, and that shows the same story across every document. The lawyer also checks for gaps, such as periods apart or separate finances, that need an explanation. Our article on the partner visa four pillars explains what each aspect requires.
Why check our evidence against earlier visa applications?
Evidence should be checked against earlier visa applications because the Department compares them. A student or visitor application that described the applicant as single, or listed a different address, can conflict with the relationship start date in the partner visa. Our article on partner visa previous relationships explains how relationship history is compared.
Can a lawyer review our relationship statement?
A lawyer can review the relationship statement for accuracy, completeness and consistency with the documents. A partner visa has one relationship statement, which the couple may write together or contribute to separately, and it should cover how the relationship developed and how each of the four aspects applies. Our article on the partner visa relationship statement explains what it should contain.
Does the lawyer check our Form 888 statements too?
The lawyer checks the Form 888 statements too, because each one should come from a person who genuinely knows the couple and should describe specific knowledge of the relationship rather than general praise. Statements that repeat the same wording or contradict the couple's dates weaken the application. Our guide to Form 888 for a partner visa explains how they are completed.
What eligibility issues can a review find before lodgement?
A review before lodgement can find eligibility issues such as a de facto relationship short of 12 months, a visa with condition 8503, the lack of a substantive visa that brings in Schedule 3, or a sponsor caught by the sponsorship limits. These issues decide whether and where the couple can lodge. Finding them before lodgement allows time to obtain a waiver, register the relationship or choose an offshore Subclass 309 instead of a Subclass 820, where that is the safer path. Our article on partner visa eligibility explains the main tests.
Is a review worthwhile if we have already prepared everything?
A review is often most worthwhile when the couple has already prepared everything, because the lawyer can test a complete application rather than a plan. Once lodged, the application charge is paid and some criteria are fixed at the lodgement date, so problems found later are harder and more costly to solve. Our article on a partner visa application review explains what a review covers.
How does My Migration Lawyers review evidence before lodgement?
My Migration Lawyers reviews evidence before lodgement by reading the whole application as a case officer would, from eligibility through to each document, and giving the couple a written list of what to fix, add or explain. The firm confirms the scope and fixed fee before starting, so the couple knows whether the work is a review only or full preparation and lodgement. Couples can speak with our partner visa lawyers.
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Weiwei Zhang