Can a Lawyer Take Over a Partner Visa I Lodged Myself?
Key points
- Form 956 appoints a lawyer or registered migration agent to act for the applicant, and can make the lawyer the authorised recipient of correspondence.
- An incorrect answer in a lodged application should be corrected using Form 1023.
- Changes in circumstances after lodgement are notified under section 104 of the Migration Act, usually with Form 1022.
- Appointing a lawyer does not restart processing or change the date of application.
How does a lawyer take over a partner visa I lodged myself?
A lawyer takes over a self-lodged partner visa when the applicant signs Form 956 appointing the lawyer, and the lawyer lodges it with the Department. The lawyer can then receive correspondence as the authorised recipient, respond to requests and upload documents. The applicant keeps access to their own ImmiAccount throughout. Our article on Form 956 and Form 956A explains the difference between the two forms.
What does a lawyer check first after taking over?
A lawyer taking over a partner visa checks first that the application was validly made, then compares the answers in the application with the applicant's earlier visa applications and the evidence uploaded. The review looks for missing evidence across the four aspects of the relationship, undeclared previous relationships or refusals, and any request from the Department that has not been answered. Our article on hiring an immigration lawyer after visa lodgement explains what this review usually finds.
Can a lawyer fix mistakes in a partner visa application I already lodged?
A lawyer can fix many mistakes in a lodged partner visa application by notifying the Department of incorrect answers with Form 1023 and changes in circumstances with Form 1022, and by uploading further evidence. Correcting an error early, with an explanation, is far safer than waiting for the Department to find it. Some problems, such as lodging in the wrong subclass or from the wrong place, may not be fixable within the same application. Our guide to Form 1022 change of circumstances explains when each form is used.
Can a lawyer take over after the Department has sent a request?
A lawyer can take over after the Department has sent a request for information or a natural justice letter, and this is often when couples first seek legal help. The deadline in the request does not change because a lawyer is appointed, so the lawyer must be engaged quickly. Our articles on the section 56 request and the section 57 natural justice letter explain how to respond.
Is it too late to involve a lawyer if my partner visa has been processing for a long time?
It is not too late to involve a lawyer while a partner visa is still processing, however long it has been pending. Long-running applications often need updated evidence, current police certificates and notice of any change in circumstances, and a lawyer can bring the file up to date before the case officer assesses it. Our article on partner visa processing delays covers what can be done while waiting.
How does My Migration Lawyers take over a self-lodged partner visa?
My Migration Lawyers takes over a self-lodged partner visa by reading the whole application as the Department sees it before advising on any change. The firm then corrects incorrect answers, strengthens the relationship evidence, becomes the authorised recipient so that requests are not missed, and manages the matter through to a decision on a fixed fee agreed before work starts. Couples can speak with our partner visa lawyers about the stage their application has reached.
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