Legal help guide
The lawyer’s fee is separate from the Department of Home Affairs visa application charge, which is generally not refunded if the visa is refused; the dedicated cost pages give the dated government figures.
Legal help matters most when a case has a legal trigger (no substantive visa, a previous refusal, a sponsor who has sponsored before, family violence, a character or health issue) or a deadline, such as the 28 days to apply to the ART after a refusal; the first step is a consultation.
The legal role is defined by the Migration Act 1958, the Department charge by the Migration Regulations 1994, and the review deadline by Migration Act section 347. Home Affairs’ “Partner visa (subclass 820)” page confirms the refusal refund rule; the $14,000 plus GST figure is a usual fee, and your written quote sets the scope for your case.
Private enquiry: The shared form sends a question to Australian Migration Lawyers; it does not lodge an application or stop a deadline.
What does a partner visa lawyer do?
Under the Migration Act 1958, an Australian legal practitioner holds a restricted or unrestricted practising certificate (section 275) and may give immigration assistance (section 276) in connection with legal practice (section 280(3)). “Spouse visa lawyer”, “de facto visa lawyer”, “marriage visa lawyer” and “fiancé visa lawyer” describe work within these partner pathways.
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Assess eligibility. Migration Act sections 5F and 5CB define spouse and de facto relationships; Migration Regulations regulation 2.03A ordinarily requires 12 months of a de facto relationship, with registration and other exceptions.
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Plan the relationship evidence. Under Migration Regulations regulations 1.09A and 1.15A, the Minister must consider financial, household, social and commitment aspects—not simply a marriage certificate.
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Prepare the sponsorship and visa applications. Migration Regulations clause 820.221A requires approved sponsorship in force at decision; Home Affairs instructs the sponsor to lodge using the applicant’s TRN.
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Answer a section 56 request or section 57 letter. Migration Regulations regulation 2.15 provides 28 days for a written invitation in Australia, seven at interview or by phone, and five in detention. A further seven days may be available on request in Australia outside detention; offshore invitations specify a reasonable period. See partner visa interview.
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Run an ART review. Migration Act section 347 allows 28 days after notification, or 14 in detention, with no extension. The applicant seeks review of an 820/801 or 309 refusal; the sponsor seeks review of a 300 refusal. See partner visa appeal.
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Request ministerial intervention. Home Affairs’ September 2025 Ministerial Instructions require a tribunal decision first and contain no partner-relationship referral criterion; Migration Act section 351(7) imposes no duty on the Minister to consider exercising the power.
When does a partner visa case need a lawyer?
A legal trigger calls for assessment rather than assumptions about whether an application is valid or a criterion can be waived.
| Situation | Legal trigger | Where it is covered |
|---|---|---|
| No substantive visa or condition 8503 | Migration Regulations clause 820.211(2)(d), Schedule 3 criteria 3001, 3003 and 3004; Schedule 8 condition 8503 | Schedule 3 (no visa) |
| Previous refusal or cancellation since last entry | Migration Act section 48; conditional onshore partner application route | Visa refused |
| Sponsor previously sponsored, or was sponsored | Migration Regulations regulation 1.20J | Sponsor limitation |
| Earlier false information | Migration Regulations Schedule 4, PIC 4020 | Visa refused |
| Applicant or sponsor criminal record | PIC 4001; Migration Act section 501; regulations 1.20KC–KD | Character and records |
| Health condition | Migration Regulations PIC 4007 and possible waiver | Health waiver |
| Family violence | Migration Regulations Division 1.5 and subclass-specific criteria | Family violence |
| Relationship ended before permanent decision | Migration Regulations clauses 801.221(6) and 100.221 | Relationship ended |
Home Affairs does not require a lawyer, but an Australian migration lawyer can check these legal triggers before you lodge; see do you need a lawyer for a partner visa.
An 820 application is not automatically invalid because a substantive visa expired: Migration Regulations clause 820.211(2)(d) applies Schedule 3 unless compelling reasons justify not applying it. Likewise, section 48 is not an unconditional partner-visa exemption: item 1124B requires, among other things, no partner refusal since last entry and sponsorship plus two qualifying statutory declarations made within six weeks.
Matters
| Visa refused | ART review (appeal) | Family violence |
| Visa cancelled | Schedule 3 (no visa) | Relationship ended |
| Sponsor withdraws | Character and records | Health waiver |
| Interview | Sponsor limitation |
How much does a partner visa lawyer cost?
A consultation, standard application preparation, a separately scoped Department response and an ART review are different pieces of work. A lawyer’s quote should say whether it includes sponsorship, Department letters, permanent-stage evidence and GST. Department and ART charges are separate from legal fees.
A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST. Family violence, Schedule 3, section 48 and sponsor-limitation work need an individual scope and quote; see partner visa lawyer cost for the separate government charges.
How do you engage a partner visa lawyer?
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Firstly, have a consultation. Provide the current visa, relevant notices and deadline so the lawyer can identify the work required. Start with a partner visa consultation.
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Secondly, receive written costs disclosure. Under Legal Profession Uniform Law section 174, disclosure includes the cost basis and an estimate where the statutory threshold is exceeded; short-form disclosure is available for qualifying lower-cost matters.
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Thirdly, settle the written costs agreement. Uniform Law sections 179–180 require an agreement to be written or evidenced in writing and prohibit excluding costs assessment.
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Fourthly, arrange advance payment. Under Uniform Law sections 129 and 137–138, advance legal costs are trust money, deposited in the practice’s trust account.
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Finally, appoint the lawyer. Home Affairs’ Form 956 is signed by the client, with one form per matter; the lawyer sends it and uses a Legal Practitioner Number for ImmiAccount. Form 956A appoints someone only to receive correspondence, not to provide legal assistance.
The Uniform Law applies in NSW, Victoria and WA; other jurisdictions have separate legal-profession legislation. Do not assume the Uniform Law disclosure threshold applies nationally.
Who does the lawyer act for: the applicant, the sponsor or both?
A lawyer may be retained for the applicant, sponsor or both. Migration Act section 276 covers assistance to both roles, but Home Affairs treats the visa and sponsorship as separate applications; Form 956 records the client and matter. The written engagement should identify whom the lawyer represents.
Their positions can diverge after separation or a family violence allegation. Home Affairs’ family violence instructions say selecting that option removes both applications from all ImmiAccounts; the applicant’s lawyer may opt out of removal of the visa application, but not the sponsorship. Home Affairs will not disclose the visa outcome to a withdrawing sponsor.
What can a partner visa lawyer not do?
No—a lawyer cannot buy priority, fast-track processing or guarantee a grant. Home Affairs’ “Using a legal practitioner” page states those limits. A lawyer can instead check eligibility, missing documents, inconsistencies and response deadlines.
Ministerial Direction 117, effective 25 July 2026, permits departure from processing order for compassionate circumstances with compelling reasons; Home Affairs’ priority-processing factsheet says most requests cannot be approved.
Home Affairs also says you remain responsible for accurate information, and its subclass 820 page says the sponsor cannot be changed.
Partner visa lawyers by city
Local differences include relationship registration and protection orders—not different federal partner-visa criteria. The addresses below come from ART Form M1 and Federal Circuit and Family Court court locations; registration details come from state registry pages.
| City link | ART migration lodgement counter | Federal Circuit and Family Court registry | Relationship register for the 12-month rule | Protection order |
|---|---|---|---|---|
| partner visa lawyer Sydney | Level 6, 83 Clarence Street | Terrace Tower Group Building, Level 10, 80 William St, Woolloomooloo; Parramatta: 1–3 George St | NSW relationship register: 28-day cooling-off | ADVO |
| partner visa lawyer Melbourne | Level 4, 15 William Street | Owen Dixon Commonwealth Law Courts Building, 305 William St | Victorian domestic relationship register: at least 28-day cooling-off | FVIO |
| partner visa lawyer Brisbane | Level 6, 295 Ann Street | Harry Gibbs Commonwealth Law Courts Building, 119 North Quay | Queensland civil partnership: 10-day cooling-off | DVO |
| partner visa lawyer Perth | Level 13, 111 St Georges Terrace | Peter Durack Commonwealth Law Courts Building, 1 Victoria Ave | No prescribed registration route | FVRO |
| partner visa lawyer Adelaide | Level 2, 1 King William Street | Roma Mitchell Commonwealth Law Courts Building, 3 Angas St | SA relationship register; 28-day cooling-off | Intervention order |
ACT, Tasmania and Northern Territory
| State or territory | ART registry | Federal Circuit and Family Court registry | Relationship register | Protection order |
|---|---|---|---|---|
| ACT | The Administrative Review Tribunal Canberra registry exists alongside Hobart and Darwin registries (Darwin opened 31 March 2025), but Form M1 lists migration lodgement counters only in the five capitals above. | Nigel Bowen Commonwealth Law Courts Building | Civil partnership and civil union | FVO |
| Tasmania | Hobart registry | Edward Braddon Commonwealth Law Courts Building, 39–41 Davey St | Register under Relationships Act 2003 | FVO / PFVO |
| NT | Darwin registry | Supreme Court Building, State Square | No prescribed registration route | DVO |
Cities
| Sydney (NSW) | Melbourne (Vic) | Brisbane (Qld) | Perth (WA) | Adelaide (SA) |
Which law decides which partner visa problem?
The principal partner visa legislation is the Migration Act 1958, compilation 171 from 4 June 2026, and the Migration Regulations 1994, compilation 288 from 1 July 2026.
| Provision | Matter | Page |
|---|---|---|
| Migration Act ss 276, 280, 281 | Who may give immigration assistance | Do you need a lawyer |
| Uniform Law ss 172–174, 179–180, 198 | Costs | Lawyer fees |
| Migration Act ss 5F, 5CB; Migration Regulations regs 1.09A, 1.15A, 2.03A | Relationship; 12-month rule | Partner visa guide |
| Acts Interpretation Act s 2E; Registered Relationships Regulations 2019 s 5 | Registered relationship | Via the partner visa guide |
| Migration Act s 66(2); Migration Regulations Sch 2 | Refusal | partner visa refused |
| Migration Regulations PIC 4020 | False information | Via Visa refused |
| Migration Act s 48; reg 2.12; item 1124B(3)(d)–(e), (3A) | Applying again onshore | Via Visa refused |
| Migration Act ss 338, 347, 347A, 349; regs 4.02, 4.13–4.15; ss 476–477 | ART review; judicial review | ART review |
| Migration Act s 351; Ministerial Instructions (September 2025) | Ministerial intervention | Via ART review |
| Migration Regulations Div 1.5 (regs 1.21–1.27); LIN 23/026 | Family violence | partner visa family violence |
| Migration Act ss 107–109, 116–121, 117(2); regs 2.43–2.44 | Cancellation | partner visa cancelled |
| Migration Regulations Sch 3 cl 3001, 3003, 3004; cl 820.211(2)(d) | No substantive visa | Schedule 3 partner visa |
| Migration Regulations Sch 8 cl 8503; reg 2.05(4); Migration Act s 41 | No further stay | Via Schedule 3 |
| Migration Regulations cl 801.221(5)–(6), cl 100.221; Migration Act s 104 | Relationship ended; sponsor’s death | when a relationship ends on a partner visa |
| Migration Act s 49; s 57 | Withdrawing sponsorship or application | withdrawing partner visa sponsorship |
| PIC 4001; Migration Act s 501; Direction 110; regs 1.20KB–1.20KD | Character | partner visa character requirements |
| Migration Regulations PIC 4007 | Health and waiver | partner visa health waiver |
| Migration Act ss 56, 57, 58–62; reg 2.15 | Requests, natural justice, interviews | Interview |
| Migration Regulations reg 1.20J; reg 1.20KA | Sponsor limitation | partner visa sponsor limitation |
| Direction 117 (Migration Act s 499) | Processing order | Via the partner visa guide |
Partner visa outcomes in numbers
Home Affairs’ Report on the Migration Program 2024–25 reports Department decisions; ART’s 2025–26 migration caseload statistics report finalised reviews. Neither measures a particular lawyer’s results.
| Published measure | Result |
|---|---|
| Department decisions, 2024–25 | 93.9% granted; 6.1% refused |
| Department decisions, 2021–22 / 2022–23 / 2023–24 | 95.8% / 4.2%; 92.6% / 7.4%; 92.1% / 7.9% |
| First-stage lodgements, 2024–25 | 68,105 |
| First-stage applications on hand, 30 June 2025 | 96,839 |
| ART finalised reviews set aside, 2025–26 | 820: 61%; 309: 65%; 801: 37%; 100: 58%; 300: 58% |
Department percentages exclude withdrawals. ART “set aside” includes remittals, not necessarily visa grants. These aggregate figures do not predict a particular application or review.
A published breakdown of partner-visa refusal reasons was not located in the government material checked for this guide.
The partner visa itself: subclasses, cost and timing
The pathways are 820/801 onshore, 309/100 offshore and 300 Prospective Marriage. The applicable Department charge depends on the pathway and applicant composition. Current amounts and processing estimates are covered by the dedicated visa guides.
The 801 is not an automatic transition: Migration Regulations clause 801.221 ordinarily requires two years since the combined application and continuing eligibility, with a long-term relationship exception.
Read partner visa Australia for the visa requirements and about the Partner Visa Lawyer guide for the site’s role.
Before lodging, ask an Australian migration lawyer to check Schedule 3, section 48, condition 8503 and sponsor limitations, then align relationship evidence and any Department response with the relevant criteria.
Frequently asked questions
How much is a lawyer for a partner visa?
A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST. The Department charge is separate, and other work such as a specialist response or review is scoped separately. See the dedicated lawyer fee guide.
What is the 5-year rule for partner visa sponsorship?
Migration Regulations regulation 1.20J ordinarily permits no more than one earlier sponsored partner, requires five years since that partner’s application and, if the sponsor was sponsored themselves, five years since their own application. Regulation 1.20J(2) permits approval despite those limits for compelling circumstances affecting the sponsor.
Is it hard to get a partner visa in Australia?
Eligibility and evidence matter more than a general label. Home Affairs’ Migration Program Report records 93.9% of decisions as grants in 2024–25. That aggregate figure does not predict your outcome.
Why would a partner visa be refused?
Migration Act section 66(2) requires the refusal notice to identify the criterion not met and give reasons. A published government breakdown of partner refusal reasons was not located, so use the notice—not a generic list—to identify the legal issue.
What are the new partner visa rules for Australia in 2026?
The Home Affairs Legislation Amendment (2026 Measures No. 1) Regulations changed the general charge schedule from 1 July 2026. Direction 117 gave onshore 820/801 applications highest partner-processing priority from 25 July 2026. Check the dedicated cost guides for current Department and ART charges.