Who Should I Contact for Help With My Spouse Visa in Australia?

Can the Department of Home Affairs help me with my spouse visa?

The Department of Home Affairs can give general information about spouse visas on its website and answer some questions about an application already lodged, but it does not advise couples on whether they qualify or how to present their case. The Department is the decision maker, so its role is to assess the application rather than help build it. Couples who want advice on their own circumstances need a lawyer or registered migration agent. Our guide on how to apply for a partner visa explains the process the Department follows.

Should I contact a lawyer or a migration agent for a spouse visa?

Either a lawyer or a registered migration agent can help with a spouse visa, and both can lodge the application. Lawyers hold a practising certificate and are regulated by the legal profession bodies, while registered migration agents are regulated by the Office of the Migration Agents Registration Authority. Couples should choose based on the adviser's experience with spouse visas and the complexity of their case. Our article on partner visa migration agent or lawyer explains the differences.

Which spouse visa applies to us?

The spouse visa that applies depends mainly on where the applicant is. An applicant in Australia generally applies for the Subclass 820 and 801, and must be in Australia at lodgement and at grant. An applicant outside Australia generally applies for the Subclass 309 and 100, which the Australian sponsor usually helps prepare. Our page on the Subclass 309 visa explains the offshore option, and our article on the onshore partner visa explains the onshore one.

What if our marriage took place overseas?

A marriage that took place overseas is generally recognised for a spouse visa if it was valid where it took place and would be recognised under Australian law. Problems arise with marriages that were not registered, marriages where one partner was still married to someone else, and some religious or customary ceremonies. Our article on the overseas marriage that is not recognised explains how these cases are handled.

What should I prepare before contacting a lawyer about a spouse visa?

Before contacting a lawyer about a spouse visa, gather the marriage certificate, both passports, details of any earlier visa applications or refusals, and a short timeline of the relationship from when you met. The applicant's current visa and its conditions are especially important for onshore applicants. Our partner visa checklist lists the documents usually needed later.

What if my spouse visa has already been lodged by someone else?

If a spouse visa has already been lodged by someone else, such as the couple themselves or another adviser, a lawyer can still review it and take over the matter. The lawyer obtains a copy of the application, checks that the evidence and declarations are complete and consistent, and lodges Form 956 so the Department sends future correspondence to the lawyer. Our article on hiring an immigration lawyer after visa lodgement explains how this works.

How does My Migration Lawyers help married couples with a spouse visa?

My Migration Lawyers helps married couples with a spouse visa by first confirming that the marriage is recognised and that the sponsor is eligible, then advising which subclass fits the couple's location and visa status. The firm prepares the application and the evidence of the married relationship, lodges it online and manages the Department's requests through to the permanent stage. Married couples can read more about our partner visa lawyers.