Can You Recommend a Migration Lawyer for a De Facto Partner Visa?

What should I look for in a migration lawyer for a de facto partner visa?

A migration lawyer for a de facto partner visa should hold a current practising certificate, work regularly on partner visas and be able to explain the 12-month rule, its exceptions and the evidence the Department expects in plain terms at the first meeting. Clear communication and a written scope of work matter as much as legal knowledge. Our article on the best partner visa lawyer in Australia sets out practical questions to ask.

Why does a de facto partner visa need specific legal knowledge?

A de facto partner visa needs specific legal knowledge because it turns on points that married couples do not face, such as when the de facto relationship began, whether time apart broke it, whether registration is available where the couple live, and whether compelling and compassionate circumstances exist. A wrong answer on any of these can lead to refusal with no refund of the charge. Our article on the de facto partner visa and the 12-month rule explains these issues.

Is a lawyer or a registered migration agent better for a de facto visa?

Both lawyers and registered migration agents can lodge de facto partner visa applications, and the choice depends on the person's experience and the complexity of the case. The factual difference is regulation: lawyers hold a practising certificate and are regulated by the legal profession bodies, while registered migration agents are regulated by the Office of the Migration Agents Registration Authority. Our article on a partner visa migration agent or lawyer explains the difference.

How should a lawyer charge for a de facto partner visa?

A lawyer should charge for a de facto partner visa on a clear basis agreed in writing before work starts, so the client knows what is included and what is not. My Migration Lawyers works on fixed fees agreed before work starts. Our article on fixed-fee immigration lawyers explains what a fixed-fee quote should include, and government charges are separate from professional fees.

What happens at a first consultation for a de facto partner visa?

At a first consultation for a de facto partner visa, the lawyer should test the timeline of the relationship, check the applicant's visa and travel history, identify any condition 8503, Schedule 3 or sponsorship limitation issues and recommend whether to lodge now, register first or wait. My Migration Lawyers offers a paid consultation by video, and the fee is confirmed when booking. Our article on booking an immigration lawyer consultation explains what to prepare.

How does My Migration Lawyers act on de facto partner visas?

My Migration Lawyers acts on de facto partner visas by settling the relationship start date and the right lodgement date first, because the 12-month requirement is the point most de facto applications turn on. The firm is led by Principal Lawyer Weiwei Zhang, works from Level 1, 60 Martin Place, Sydney, and acts for clients across Australia and overseas by video and email. It prepares the evidence, manages Department requests and advises on review if a refusal occurs. Couples can learn more about our partner visa lawyers.