Do I really need a migration lawyer to lodge my partner visa?

Moya Migration Law can charge you a flat fee ($990.00) to review your application (before you lodge) and provide you with written feedback on how to improve your application, how to address any weaknesses and what evidence would be useful in your circumstances. Book in a free 15 minute call today - just click the book a meeting button to select a convenient time.

This is a common question and the answer might surprise you.

The simple truth is that there is no requirement that you use a migration lawyer or registered migration agent to manage or lodge your application. In fact, the Department of Home Affairs (Department) stresses the point that using a legal practitioner cannot “fast-track the processing period” or “guarantee you a visa”.[1] So, if that is the case, why bother using a representative?

Firstly, the Department whether intentionally or otherwise, gives the impression that the process of applying for a partner visa (or any other visa) is quite straightforward. In fact when looking up a certain visa on the Department’s website it links directly to the “Apply” button and takes you straight to ImmiAccount so that you can start the visa application.

Whilst the online visa application can seem deceptively simple, it’s common to misunderstand a question, particularly with the tick box nature of the online form. Ticking “NO” to the question “does the applicant have any members of the family unit not travelling to Australia who are not included in this application?” can have significant negative consequences for the partner visa and future sponsorship applications. Likewise seemingly simple questions like “have any of the applicants visited any countries for less than 12 months in the past 10 years” or “has any applicant ever overstayed a visa in any country” are easily overlooked because they are included in sections where “YES” and “NO” answers are required.

According to the Department, more than 50% of applicants and sponsors manage the visa application process themselves. Between 1 July 2021 and 31 December 2021 46% per cent of family visas (including partner visa) were lodged with the assistance of a registered migration agent/representative.[2]

So, should I use a migration lawyer to lodge my partner visa?

This really depends on your particular circumstances: do you meet the relevant baseline requirements for length of relationship, evidence requirements, has your partner hopped around from one visa to another, had previous de facto / married relationships?. Do you feel confident that you understand and can adequately complete the online visa application form?  Do you know what evidence to attach about the circumstances of the relationship that must be considered by the Minister (for Home Affairs) including financial aspects, nature of the household, socials aspects of the relationship and nature of the person’s commitment to each other?

Even, when using a representative (whether a lawyer, registered agent or exempt person*) the Department will hold you accountable for any (incorrect) information that you provide by virtue of section 98 of the Migration Act 1958 (Cth).[3] Having confidence that you are lodging an application that has the best chance of success, is a central reason why you should use a migration lawyer to lodge your partner visa application. With the non-refundable costs of over $9,000 (when counting credit card surcharge fees) for lodging a partner visa, plus all of the additional costs (medical tests, police clearances, translations etc) it is worth considering engaging an experienced migration lawyer to lodge your partner or fiancé visa. Contact Principal Migration Lawyer Daniel Moya to discuss how we can help you to lodge the best application.

[1] See overview: https://immi.homeaffairs.gov.au/help-support/who-can-help-with-your-application/using-a-migration-agent

[2] See: https://www.mara.gov.au/notices-reports-subsite/Files/maar-jul-dec-2021.pdf

[3] Section 98 of Migration Act 1958 (Cth), http://classic.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s98.html#:~:text=A%20non%2Dcitizen%20who%20does,on%20his%20or%20her%20behalf.