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Core guide / Consultation

Partner Visa Consultation: Getting Legal Advice and What to Bring

A partner visa consultation is a 45-to-60-minute meeting in which an Australian migration lawyer assesses your eligibility, risks, evidence and next deadline for an 820/801, 309/100 or 300 application.

Two meeting places around a consultation table

Ask when you book how the consultation is priced, and whether GST applies.

Bring every visa grant, refusal or Department letter you hold, with the date it reached you, because review and response deadlines run from notification.

Legal advice

Private enquiry: The shared form sends a question to Australian Migration Lawyers; it does not lodge an application or stop a deadline.

Consultation fee card

What happens in a partner visa consultation?

  1. Firstly, the lawyer reads your documents and dates. Visa history, correspondence and notification records establish what stage the matter has reached.

  2. Secondly, they test the relationship and sponsor criteria. The Migration Act 1958, sections 5F and 5CB, defines spouse and de facto relationships; the Migration Regulations 1994, regulations 2.03A and 1.20J, address de facto timing and earlier sponsorships.

  3. Thirdly, they check threshold rules. Depending on your history, Schedule 3 and condition 8503 of the Migration Regulations 1994, or section 48 of the Migration Act 1958, may affect an onshore application.

  4. Fourthly, they identify the next deadline. The relevant notice, notification method and visa status need checking before a date is calculated.

  5. Finally, they explain the fee and proposed work. If you instruct the lawyer, section 174 of the Legal Profession Uniform Law requires written costs disclosure where applicable, subject to small-matter exceptions.

A lawyer advising on your own visa circumstances provides “immigration assistance” under section 276 of the Migration Act 1958.

How much does a partner visa consultation cost?

A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST, and the Home Affairs visa application charge is separate. Ask when you book how the consultation itself is priced, and whether it includes GST, document reading beforehand and written advice afterwards. A consultation fee is not a quote for preparing the whole application.

For partner visa advice in your own city, read about Sydney (NSW), Melbourne (Vic), Brisbane (Qld), Perth (WA) and Adelaide (SA); the federal criteria are the same everywhere.

What to bring to a partner visa consultation

Bring the following seven groups of documents. Send what you already hold rather than delaying an urgent appointment to build a complete file.

  1. Passports and every visa grant notice. Include any condition 8503: under Schedule 8 of the Migration Regulations 1994 and Home Affairs’ subclass 820 page, an applicable waiver must be approved before applying for the 820.

  2. Refusal, cancellation and Department letters, plus delivery records. Section 494C of the Migration Act 1958 governs deemed notification, which affects the usual 28-day ART review period under section 347(3). Email notification is generally deemed at the end of the day sent, not when you read it.

  3. Any section 56 request or section 57 letter and its response date. Section 58 of the Migration Act 1958 and regulation 2.15 set response periods; the applicable period depends on the invitation and circumstances.

  4. A relationship timeline and key evidence. Regulations 1.09A and 1.15A of the Migration Regulations 1994 require consideration of financial aspects, the household, social aspects and commitment.

  5. For de facto couples, relationship and cohabitation start dates, or a registration certificate. Regulation 2.03A addresses the 12-month relationship requirement and exceptions; living-together dates are relevant evidence, not the whole test.

  6. The sponsor’s earlier sponsorships or own partner visa records. Regulation 1.20J uses earlier application dates and grants to assess sponsorship limits.

  7. Criminal-record or health documents for the applicant or sponsor. Applicant character and health are addressed through PIC 4001 and PIC 4007; sponsor convictions are assessed separately under regulations 1.20KC–1.20KD of the Migration Regulations 1994.

What advice should you leave with?

You should leave with five practical outputs, with any remaining uncertainty identified:

  1. An eligibility assessment against the relationship, visa and sponsor criteria.

  2. The risks that apply, such as no substantive visa, condition 8503, a previous refusal, earlier sponsorships, criminal history or a health issue.

  3. An evidence plan showing what is missing and how it relates to the four relationship aspects in regulations 1.09A and 1.15A of the Migration Regulations 1994.

  4. A written fee estimate if you proceed, with the scope and applicable costs disclosure explained under section 174 of the Legal Profession Uniform Law.

  5. The next relevant date. This may be the ART’s usual 28-day review deadline under section 347(3) of the Migration Act 1958—14 days if detained when notified—or a written section 56/57 response period, generally 28 days for an applicant in Australia who is not detained. Schedule 3 criterion 3001 ordinarily counts 28 days from the last substantive visa ending; Home Affairs’ subclass 801 page places ordinary permanent-stage eligibility two years after the combined application, subject to exceptions.

Is a partner visa consultation worth it?

Yes, if it helps establish your stage and deadline; no, if you expect a short call to replace a full assessment. A close review deadline needs immediate attention: section 347(5) of the Migration Act 1958 and the ART’s immigration review guidance confirm that the Tribunal cannot extend the review application period.

For advice about eligibility or evidence, allow time for the lawyer to read the relevant records.

Raising family violence at the consultation

If family violence is part of your situation, tell the lawyer at the start. Home Affairs’ “Where to get help” page lists government support for people affected by family violence, and the visa provisions are explained in partner visa domestic violence. The lawyer can check your evidence against those provisions.

Appointing the lawyer after the consultation

If you proceed, Home Affairs’ Form 956 records the lawyer’s appointment with the Department: the lawyer completes it, you sign it and they send it; a separate form is needed for each matter.

Home Affairs’ “Using a legal practitioner” page explains that lawyers use a Legal Practitioner Number to lodge through ImmiAccount. Read about appointing a lawyer to act on your partner visa.

Booking or declining: what happens to your enquiry

  1. The shared enquiry form accepts a private question. The enquiry form for legal help sends it to Australian Migration Lawyers.

  2. Say if a deadline is close. Give the notice date in the enquiry so the lawyer can see it first.

  3. An enquiry does not appoint the lawyer or lodge anything with the Department. Form 956 records the Department-facing appointment; it is separate from agreeing to legal services.

  4. You can decline further work. Confirm the scope and fees before agreeing to proceed; sections 174 and 179–180 of the Legal Profession Uniform Law address applicable disclosure and written costs agreements.

  5. Deadlines keep running while you decide. Section 347(5) of the Migration Act 1958 prevents the ART extending the review application period.

Before you book: fees and whether you need a lawyer

Separate the consultation price from later legal work. The spouse visa lawyer cost guide covers fees; do I need a lawyer for spouse visa explains when a case needs a lawyer. The main guide to partner visa lawyers outlines their work across the pathway.

Bring the refusal notice or visa history to a consultation so an Australian migration lawyer can identify the applicable criterion, calculate the true review deadline and set out the evidence needed next.

Frequently asked questions

How much does a partner visa consultation cost?

Ask Australian Migration Lawyers how the consultation is priced when you book, and check whether GST applies. A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST, and the Home Affairs visa application charge is separate.

Does a consultation make the lawyer my representative?

No. A consultation alone does not record a representative with the Department: Home Affairs uses Form 956, signed by you, to record the appointment. Agreeing to legal services is a separate step.