Who Can Help With a Spouse Visa in Australia?

Who is allowed to give spouse visa advice in Australia?

Spouse visa advice in Australia may be given for a fee by an Australian legal practitioner or a registered migration agent. Lawyers hold a practising certificate and are regulated by the legal profession bodies in their state or territory. Registered migration agents are regulated by the Office of the Migration Agents Registration Authority. Both can lodge applications and deal with the Department. Our article on choosing a migration agent or lawyer for a partner visa explains the factual differences between the two.

What does a spouse visa lawyer actually do?

A spouse visa lawyer confirms that the marriage is recognised in Australia, chooses the correct subclass, prepares the relationship statement and the evidence across the four aspects the Department assesses, and manages health checks, police certificates and Department requests. The lawyer also reviews earlier visa applications for anything that conflicts with the relationship history. Our guide to partner visa relationship evidence shows the material that is usually needed.

Does being married make a spouse visa straightforward?

Being married does not make a spouse visa straightforward, because a marriage certificate proves the legal marriage but not that the relationship is genuine and continuing. The Department still looks at how the couple shares finances, lives together, is known socially and commits to a future together. Couples who married quickly, married in a religious or cultural ceremony, or lived apart after the wedding often need careful preparation. Our article on why partner visas get refused explains the problems the Department most often finds.

Should the spouse visa be lodged in Australia or from overseas?

The spouse visa should be lodged in Australia only if the applicant is in Australia and is able to apply there, and otherwise as an offshore application. An onshore applicant may face Schedule 3 criteria if they hold no substantive visa, or a condition 8503 No Further Stay that must be waived first. Offshore applications are lodged online and the Subclass 309 is generally granted while the applicant is outside Australia. Our pages on the Subclass 820 visa and the Subclass 309 visa set out each path.

How should couples judge who to trust with their spouse visa?

Couples should judge a spouse visa adviser by checking their registration or practising certificate, their focus on partner visas, a clear written scope with a fixed fee agreed before work starts, and how they deal with refusals and difficult histories. Good communication matters too, because the Department sets short deadlines for its requests. Our guide to fixed-fee immigration lawyers lists what a written quote should cover.

How does My Migration Lawyers prepare a spouse visa for a married couple?

My Migration Lawyers begins a spouse visa by checking the marriage itself, including where it took place, how it was registered and whether either partner had an earlier marriage that ended properly. The firm then builds one relationship statement around the couple's real history, gathers the evidence and checks the applicant's earlier visa applications for anything inconsistent before lodgement. Married couples can speak with our partner visa lawyers, and can read about Weiwei Zhang, who leads the firm.