Updated: 23 July 2022
Thinking of applying for a partner visa, but finding the process isn’t as simple as you think? You’re not alone. Australian migration law can be complex to navigate, and it’s easy to make mistakes you aren’t aware of. Fortunately, a migration lawyer can handle the difficult part of the partner visa process, saving you time and frustration, and giving your application the best chance of success.
But what exactly does a migration agent or a migration lawyer do? At PocketLegal, our Sydney migration lawyers deal with Partner visa applications on a daily basis. We handle Partner visas end to end, from first consultation to final lodgement, while our experienced Immigration Lawyers handle any legal issues which arise. From our experience, here are some of the main ways we assist our Partner visa clients.
Assess the strength of your application
As migration lawyers, a lot of our work involves making sure prospective applicants apply for the right visa, at the right time. We often have couples come to an initial consultation planning to apply for a Partner visa without realising they don’t meet the requirements. Couples in this situation can pay thousands of dollars in application fees, only to find out a Partner visa was never possible in the first place. Where Partner visas aren’t suitable, we’re able to find alternate visa options that will, such as work visas, graduate visas, or student visas.
Help prove your relationship is genuine and continuing
To successfully apply for a Partner visa, you will need to prove to the Department of Home Affairs that your relationship is genuine and continuing. This is not as easy as stating your feelings for each other! You need a strong case, and documented evidence of your relationship. In some cases where you’ve lived apart, are in a new relationship, or have an unusual household situation, this requirement can be difficult to meet. A migration lawyer will present your case to the Department in the strongest way possible, to give you the best chance of success.
Make sure you apply from the right place, at the right time
When you apply for a Partner visa, you can choose whether to apply onshore, or offshore. What many applications don’t realise is that this decision can place significant restrictions on where they can live and travel while their application is decided. If you and your partner are settled in Australia with no overseas plans, this isn’t such a big problem. However, if you’re planning to travel, live, or work outside Australia while your application is processed, it’s important to make sure you apply from the right place, at the ideal time. Migration agents can advise you about the best location and timing for your application.
Apply for work rights, travel rights, and Medicare eligibility
If you apply for an onshore partner visa, you will be placed on a temporary visa, called a bridging visa, while you wait for a decision about your application. Bridging visas do not include automatic rights to work in Australia, or to travel to outside the country and be able to come back again! A migration agent or lawyer can help you apply for these rights, as well as making sure you have Medicare eligibility, so you can start your life in Australia with your partner even as you’re waiting for your visa to be granted.
