Do I Need a Lawyer for an Onshore Partner Visa?

Can I lodge an onshore partner visa without a lawyer?

A couple can lodge an onshore partner visa without a lawyer, because the Subclass 820/801 application is made online and representation is not required. The applicant must be in Australia when the application is lodged and must hold a visa that allows the application, or meet the extra requirements that apply if they do not. Our guide to the onshore partner visa explains the process.

Which visa situations make an onshore partner visa risky?

Visa situations that make an onshore partner visa risky include holding no substantive visa, which brings in Schedule 3, holding a visa with condition 8503, being affected by the section 48 bar after a refusal, and holding a visa that is about to expire. Each of these can make the application invalid or lead to refusal if it is not handled before lodgement. Our articles on partner visa Schedule 3 criteria, the partner visa 8503 waiver and the partner visa section 48 bar explain each issue.

What happens with my bridging visa when I apply onshore?

An onshore partner visa applicant who holds a substantive visa when applying is usually granted a bridging visa that comes into effect when the current visa ends, allowing them to stay lawfully while the application is processed. Travel overseas generally requires a Bridging Visa B, and leaving without one can leave the applicant unable to return. Our article on the partner visa bridging visa explains the rules.

Is a tourist visa holder in a different position?

A tourist or visitor visa holder is in a different position because visitor visas often carry condition 8503, and applying while on a visitor visa can draw questions about the applicant's intentions when they first applied for that visa. Where condition 8503 is not imposed, an onshore application can generally be made. Our article on a partner visa while on a tourist visa covers these questions.

When does a straightforward onshore application still benefit from advice?

A straightforward onshore application can still benefit from advice where the evidence of living together is limited, the relationship is short, there are earlier relationships or children to declare, or the answers differ from earlier visa applications. A review before lodgement can catch these issues while they are easy to fix. The permanent Subclass 801 stage, generally assessed two years after lodgement, also needs updated evidence that the relationship has continued, and preparing for it from the start makes that stage simpler. Our article on a partner visa application review describes that review.

How does My Migration Lawyers manage onshore partner visas?

My Migration Lawyers manages onshore partner visas by checking the applicant's visa status, conditions and history before anything is lodged, because the onshore rules are where most invalid and refused applications begin. The firm prepares any Schedule 3 submission or waiver request that the case needs, lodges the Subclass 820/801 with the relationship evidence, and manages the matter through both stages. Couples can read about the Subclass 820 visa and our partner visa lawyers.