Is It Worth Using a Lawyer for a Partner Visa Application?

Can I lodge a partner visa application without a lawyer?

A partner visa application can be lodged without a lawyer, and some couples do so successfully. The Department does not require applicants to use a representative, and the forms are completed online through ImmiAccount. The difficulty is that the application charge is large, it is generally not refunded if the application is refused, and errors in eligibility or evidence often show up only at the decision stage. Our article on applying for a partner visa without a lawyer explains what that involves.

When is a lawyer most useful for a partner visa application?

A lawyer is most useful for a partner visa application when there is a legal issue that affects validity or eligibility. These include Schedule 3 for applicants in Australia without a substantive visa, condition 8503 on a current visa, the section 48 bar after an earlier refusal, sponsorship limitations under regulation 1.20J and past information that could raise PIC 4020. A lawyer is also useful where the relationship is short, the couple has lived apart or the evidence is thin. Our article on complex partner visa applications covers these situations.

What does a lawyer do that couples often miss?

A lawyer checks matters that couples often miss, such as whether answers in earlier visa applications match the relationship history, whether the applicant is eligible for the onshore or offshore subclass, and whether the relationship evidence covers all four aspects the Department assesses. A lawyer also prepares the relationship statement and Form 888 statements so they support each other. Our partner visa lawyer versus DIY article compares the two approaches.

Is a lawyer worth it after the application has been lodged?

A lawyer can still be worth it after a partner visa application has been lodged, particularly when the Department sends a request for information under section 56 or a natural justice letter under section 57. These letters carry short deadlines, and the response can decide the application. A lawyer can also review what was lodged and fill gaps before the decision. Our article on hiring an immigration lawyer after lodgement explains how this works.

Is a lawyer worth it if my partner visa was refused?

A lawyer is often worth it after a partner visa refusal, because the decision on whether to seek review or lodge again must be made quickly and depends on the refusal reasons and the applicant's visa status. Review at the Administrative Review Tribunal is a fresh look at the merits, and new evidence can be given. The firm's page on partner visa refusals explains the options.

How does My Migration Lawyers decide whether your application needs a lawyer?

My Migration Lawyers decides whether an application needs a lawyer by testing it against the criteria at a paid consultation and telling the couple plainly where the risks lie. If the case is simple, the firm says so. If it involves a validity, status or character issue, the firm explains the work needed and confirms a fixed fee in writing before acting. Couples can learn more about the firm's partner visa lawyers.