My Partner Visa Is Taking Too Long. Can a Lawyer Help?

What can a lawyer actually do about a slow partner visa?

A lawyer can make sure that nothing on the applicant's side is slowing the partner visa down. That means confirming that health examinations and police certificates are complete, that every request has been answered and that the relationship evidence is current. Many delayed files have a gap the couple did not know about. Our article on the partner visa application review explains what a review of a lodged application covers.

What can a lawyer not do about a slow partner visa?

A lawyer cannot make the Department decide a partner visa by a particular date, and no representative has a special channel that moves a case ahead of others. There is no fixed legal deadline for the Department to decide a partner visa. Anyone who promises a decision by a date should be treated with caution. Our article on partner visa processing times explains how the Department's published figures work.

When can a lawyer ask for priority processing?

A lawyer can ask for priority processing when there are compelling circumstances, such as serious illness, a pregnancy with complications, or hardship that is affecting an Australian citizen or permanent resident partner or child. The request should explain the circumstances clearly and attach medical or other independent evidence. Priority is at the Department's discretion and is not automatic. Our article on partner visa priority processing explains how these requests are assessed.

Is it worth making an enquiry with the Department?

An enquiry with the Department is worth making once the application is outside the published processing time or where the applicant believes a document or request may have been missed. A short, clear enquiry that identifies the application and the specific concern is more useful than repeated general follow-ups. Our article on partner visa processing delays explains when and how to follow up.

Could the delay be a sign of a problem with the application?

A delay can be a sign that the Department has a concern, but it is often only a sign of workload. Where the Department intends to rely on adverse information, it must invite comment under section 57 before refusing, and it may ask for more information under section 56. Our articles on the section 57 natural justice letter and why partner visas get refused explain the warning signs.

Can I change to a lawyer while my partner visa is waiting?

An applicant can change to a lawyer at any time while a partner visa is waiting for a decision, by lodging a new Form 956 appointing the lawyer. The lodgement date and the charge already paid are not affected. Our article on hiring an immigration lawyer after visa lodgement explains the process.

How does My Migration Lawyers help when your partner visa is taking too long?

My Migration Lawyers takes a delayed partner visa as a fixed-scope review, so the couple know what will be done before any work begins. The firm checks the file against the criteria, prepares updated evidence, makes a targeted enquiry and, where the facts support it, a written priority request with evidence. The firm tells the couple plainly what can and cannot change the timing. Couples can ask our partner visa lawyers to look at a delayed application.