Do I Need a Lawyer for an Offshore Partner Visa?

Can an Australian sponsor lodge an offshore partner visa without a lawyer?

An Australian sponsor and their overseas partner can lodge an offshore partner visa without a lawyer, because the Subclass 309/100 is lodged online and representation is not required. The couple must make sure the applicant is outside Australia at lodgement, that every answer is accurate and consistent with earlier visa applications, and that the evidence covers each aspect of the relationship. Our guide to the offshore partner visa explains the process step by step.

What makes an offshore partner visa harder for couples to prepare alone?

An offshore partner visa is harder to prepare alone when the couple have spent long periods apart, because the evidence must show a genuine and continuing relationship despite the distance. Marriages under religious or customary law, overseas documents that differ in names or dates, and the need for translations also cause problems. Our articles on the unrecognised overseas marriage and partner visa evidence translation explain these issues.

What are common offshore lodgement mistakes?

Common offshore lodgement mistakes include lodging while the applicant is visiting Australia, omitting earlier visa refusals or relationships, uploading documents without translations, and leaving police certificates and health examinations so late that they delay the assessment. Travel to Australia during processing also needs care, because the applicant must generally be outside Australia when the Subclass 309 is granted. Our article on partner visa offshore lodgement covers these mistakes in detail.

Do character or visa history issues change the answer?

Character or visa history issues change the answer for most couples, because an earlier refusal, an overstay in Australia, a criminal conviction or an inconsistency with an earlier application can lead to refusal even where the relationship is genuine. These issues usually need a written explanation and supporting evidence at lodgement. Our article on partner visa character requirements explains the character test.

What happens if an offshore partner visa is refused?

If an offshore partner visa is refused, the visa applicant can apply to the Administrative Review Tribunal for review in their own name, from overseas, within a strict time limit. The sponsor does not lodge the review, although the sponsor's evidence and support remain central to the Tribunal case. In some cases a new application is the better path, for example where the refusal turned on evidence that now exists. Our article on partner visa appeal versus reapplication compares the two options. Our page on partner visa refusals explains the review process and the evidence the Tribunal considers.

How does My Migration Lawyers assist Australian sponsors with offshore partner visas?

My Migration Lawyers assists Australian sponsors by treating the sponsor as the point of contact in Australia while preparing the overseas partner's case in full. The firm checks eligibility and any risk in the partner's history, prepares the online application and the evidence, and manages requests from the Department until the decision. The firm acts by video and email, so the partner overseas can take part without travelling. Sponsors can read about the Subclass 309 visa and our partner visa lawyers.