Can a Lawyer Help With a Partner Visa After a Protection Visa Refusal?

What does a lawyer review in the protection file?

A lawyer reviews the protection application, interview records and any Tribunal decision in the protection file for what the applicant said about marital status, family, addresses and travel. These statements are compared with the proposed partner visa so that any difference is explained before lodgement. Our article on a partner visa after protection visa refusal explains why this comparison matters.

How does a lawyer build the Schedule 3 case?

A lawyer builds the Schedule 3 case by identifying the compelling reasons that apply to this couple, such as the sponsor's circumstances, children, health or the reasons the applicant did not hold a substantive visa, and supporting each reason with documents. A genuine relationship alone is generally not enough. Our article on the Schedule 3 waiver submission explains how the submission is structured.

When should the partner visa be lodged if the protection review is pending?

The partner visa should be lodged at the point that best protects the applicant's lawful status and Schedule 3 position, which depends on the bridging visa held and the stage of the protection review. Some applicants lodge before the protection review is decided, and others wait. Our article on applying for a partner visa on Bridging visa E explains how the bridging visa affects this choice.

Can a lawyer help if a ministerial intervention request is also planned?

A lawyer can help where a ministerial intervention request is also planned, by advising how the request and the partner visa interact and whether both should proceed. Ministerial intervention is discretionary and limited by guidelines, so it is rarely a substitute for a valid partner application. Our article on partner visa compelling reasons explains how compelling circumstances are presented.

What if the protection claims and the relationship history do not match?

Where the protection claims and the relationship history do not match, a lawyer identifies the difference, finds out why it arose and explains it openly in the partner application. Unexplained differences can lead the Department to doubt the relationship or to consider PIC 4020. Our article on partner visa conflicting statements explains how these issues are handled.

Does the sponsor need to know about the protection history?

The sponsor should know about the protection history, because the sponsor gives evidence about the relationship and may be asked about it by the Department or the Tribunal. A sponsor who learns key facts for the first time at an interview can damage an otherwise genuine case. Our page on the Subclass 820 visa explains the roles of the applicant and sponsor.

How does My Migration Lawyers work on partner visas that follow a protection refusal?

My Migration Lawyers works on partner visas that follow a protection refusal by treating the protection file as part of the partner case from the first meeting. The firm, led by Principal Lawyer Weiwei Zhang, reconciles the two histories, prepares the Schedule 3 submission and relationship evidence together and keeps the protection matter and the partner visa on one plan. Applicants can speak with our partner visa lawyers.