Is There a Partner Visa Lawyer Who Handles Complex Cases?

What makes a partner visa case complex?

A partner visa case is complex when a legal rule, rather than the strength of the relationship, puts the application at risk. The most common examples are onshore applicants without a substantive visa who must meet Schedule 3, visa holders with condition 8503, applicants affected by section 48 after a refusal, sponsors caught by the limits in regulation 1.20J, and applicants with past false information or character issues. Our article on complex partner visa applications explains each category.

Can a partner visa be granted if the applicant has no substantive visa?

A partner visa can be granted to an applicant without a substantive visa only if the Schedule 3 criteria are met or waived for compelling reasons. Departmental policy treats a genuine relationship and the hardship of separation as generally not compelling reasons on their own, so the submission must show more. Relevant factors can include Australian citizen children, serious health issues, or circumstances that made the applicant unlawful or left them without a substantive visa for reasons beyond their control. The firm's page on Schedule 3 waivers explains how these cases are prepared.

What can be done about a No Further Stay condition?

A No Further Stay condition such as 8503 can be dealt with only by asking the Department to waive it before a partner visa is lodged in Australia. A waiver requires compelling and compassionate circumstances that developed after the visa was granted, were beyond the holder's control and caused a major change in circumstances. A new relationship alone often does not meet that test. Our article on the partner visa 8503 waiver covers the evidence needed.

Can a lawyer help if the sponsor has sponsored before?

A lawyer can help if the sponsor has sponsored before by checking whether regulation 1.20J applies and, if it does, whether compelling circumstances affecting the sponsor support a waiver. The rule limits a person to two partner sponsorships, prevents a new sponsorship within five years of a previous one, and stops a person sponsored as a partner from sponsoring within five years of their own application. Our page on sponsorship limitations explains the rule.

What about character concerns or family violence?

Character concerns and family violence each need careful handling in a partner visa. Convictions, pending charges and overseas offences must be disclosed accurately and assessed against section 501, while the family violence provisions can allow an applicant to continue towards permanent residence after the relationship ends. Our article on partner visa character requirements and the firm's page on family violence explain both areas.

How does My Migration Lawyers approach a complex partner visa?

My Migration Lawyers approaches a complex partner visa by establishing the full visa and immigration history first, using the Department's records where needed, and then deciding whether the application can be validly lodged at all and on which pathway. The firm prepares waiver requests and submissions alongside the relationship evidence, so the legal issue and the relationship are argued together. Where a case has already been refused, the firm also advises on partner visa refusals and the time limits for review.