Other work, such as an ART review, a Section 56 or 57 reply, a health waiver submission or a response to a notice of intention to consider cancellation, is scoped and quoted separately. Schedule 3, section 48, sponsor-limitation and family violence matters are quoted case by case. Ask Australian Migration Lawyers for a written estimate at your first consultation.
In NSW, Victoria and WA, the Legal Profession Uniform Law generally requires written costs disclosure when likely legal costs exceed $750, excluding GST and disbursements. Other jurisdictions have different rules.
Lawyer fees and government charges
| Stage or matter | Lawyer fee | Government charge or court/tribunal fee (separate) |
|---|---|---|
| Partner visa application (820/801 or 309/100) with Australian Migration Lawyers | Usually $14,000 plus GST | Home Affairs: $11,710 base; extra applicants $5,860 aged 18+, $2,935 under 18; current 300 holder $1,955 |
| Prospective Marriage 300 | Scoped and quoted separately | Home Affairs: $11,710 for 300; later 820/801 $1,955 for current 300 holder |
| Section 56 request or section 57 letter reply | Scoped and quoted separately | None |
| ART review | Scoped and quoted separately | ART: $3,727; 50% hardship reduction; 50% refund if set aside, varied or remitted |
| Ministerial intervention request | Scoped and quoted separately | None |
| Judicial review, Federal Circuit and Family Court | Scoped and quoted separately | Court: filing $4,180 ($2,090 reduced); setting down $1,035 |
| Health waiver submission | Scoped and quoted separately | None |
| Response to a notice of intention to consider cancellation | Scoped and quoted separately | None |
| Schedule 3, section 48, sponsor limitation, family violence | Quoted case by case | As for the application |
The government amounts come from the Migration Regulations 1994, Schedule 1 items 1124B, 1129 and 1215, the ART’s Fees page and the Federal Circuit and Family Court’s Fees page.
Ask an Australian migration lawyer for a written estimate for your stage of the partner visa, with GST and the government charge shown separately.
How much does a partner visa lawyer cost?
A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST, plus the separate $11,710 charge paid to the Department under the Migration Regulations 1994.
Application pricing depends on the relationship evidence, the onshore applicant’s visa status and any immigration history that requires additional work. Previous refusals, sponsor limitations, relationship breakdown, health or character submissions and urgent deadlines can change the scope and quote.
Partner visa lawyer fees by stage
A partner visa application with Australian Migration Lawyers usually costs $14,000 plus GST. Other work is scoped and quoted separately. Scope varies: a combined visa application does not necessarily mean the lawyer’s retainer covers every later response.
| Stage | What the fee usually covers | What it usually does not |
|---|---|---|
| Consultation | Initial eligibility and scope advice | Preparing and lodging the application |
| 820/801 or 309/100 | Evidence plan, visa and sponsorship applications; usually permanent-stage work | Review after refusal; additional submissions unless agreed |
| 300, then 820/801 | Prospective Marriage application; later partner work if packaged | Later application unless expressly included |
| Section 56/57 reply | Advice and response to the specified request or letter | Full application or later review |
| Review | Work specified in a separate review retainer | Original application or court proceedings unless agreed |
Home Affairs’ Partner visa FAQs says permanent-stage eligibility generally starts two years after the combined application; exceptions exist. Migration Regulations 1994 reg 2.08E also provides a different path if a 300 applicant marries before decision: conversion to a 309/100 application, rather than the later onshore pathway.
For section 58 invitations, Migration Regulations 1994 reg 2.15 generally allows non-detained applicants in Australia 28 days for a written invitation, or seven days at interview or by phone; offshore invitations specify a reasonable period. A costs agreement should say whether section 56/57 replies are included.
Lawyer fees by matter (ART review, ministerial intervention, judicial review)
A visa refusal appeal cost depends on which process is available. The visa appeal fee paid to the tribunal or court is separate from legal representation.
The deadlines below come from Migration Act 1958 ss 347 and 477 and Home Affairs’ Ministerial intervention page; tribunal and court charges come from their Fees pages.
| Matter | Lawyer fee | Tribunal or court fee | Deadline |
|---|---|---|---|
| ART review | Scoped and quoted separately | $3,727; 50% hardship reduction available | Generally 28 days after notification; 14 in detention; no extension |
| Ministerial intervention | Scoped and quoted separately | — | Only available after a qualifying tribunal decision |
| Judicial review | Scoped and quoted separately | Filing $4,180; reduced $2,090; setting down $1,035 | 35 days from decision; court may extend |
The ART’s Fees page requires payment before the review deadline: the full fee, or 50% with a reduction request. It provides a 50% refund of the fee paid if the decision is set aside, varied or remitted.
Ministerial intervention cost is a separate retainer, not another ART appeal. Immigration judicial review cost covers a legal-error challenge: the Court’s Migration applicant overview explains that it cannot re-decide the facts or grant a visa. Read about review of a partner visa refusal before committing to either.
Why Schedule 3, s 48 and sponsor-limitation cases cost more
Yes, these issues can increase the work involved, so they are quoted case by case rather than at a fixed fee. Higher pricing can follow from complex histories, sponsor limitations or Schedule 3.
Migration Regulations 1994 cl 820.211 and Schedule 3 add criteria and possible compelling-reasons arguments for applicants without a substantive visa. Schedule 1 item 1124B(3)(e) requires section 48 applicants to satisfy the no-prior-partner-refusal rule and lodge two qualifying statutory declarations; reg 1.20J(2) requires compelling circumstances for a sponsorship-limit exception.
Those additional tests mean more work checking dates, earlier decisions and supporting evidence. A lawyer can identify the threshold issues before preparing the relationship submission; that is a process benefit, not an outcome prediction.
Fixed fee or hourly rate?
A fixed fee prices agreed work; an hourly rate bills time spent. The costs agreement should say which applies to each piece of work, and what the partner application fee does and does not cover.
Under Legal Profession Uniform Law ss 181–183, conditional “no win, no fee” agreements must be signed, written in plain language and include five clear business days’ cooling-off. Contingency fees are prohibited.
Does the fee include GST and the government charge?
No. The government charge is separate, and GST is added to the $14,000 fee. The usual fee with Australian Migration Lawyers is $14,000 plus GST.
Migration Regulations 1994 Schedule 1 sets the charge paid to the Department. Home Affairs’ 820 sponsor information lists sponsorship itself as “No cost”, although a lawyer may charge for preparing it.
The A New Tax System (Goods and Services Tax) Act 1999 s 9-70 sets GST at 10% for taxable supplies. Ask for the GST treatment in the written quote.
Migration Regulations 1994 provides a $9,600 general base-rate concession for qualifying Pacific-region and Timor-Leste passport holders. The full government-charge details belong in partner visa application costs.
Costs disclosure and the costs agreement
The Uniform Law applies in NSW, Victoria and WA. In NSW, section 4 of the Legal Profession Uniform Law Application Act 2014 applies the Law; the NSW Uniform Law text confirms the section numbers below. Other states and territories have different legislation.
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Written disclosure: section 174 requires the basis of costs, an estimate of total legal costs and client rights when instructed, with updates for significant changes.
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Thresholds: section 174(4)–(5) and Schedule 4 clause 18 exempt costs unlikely to exceed $750, excluding GST and disbursements. Up to $3,000, a short standard form may be used under Uniform General Rules 2015 rule 72.
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Disclosure failures: section 178 generally makes a costs agreement void and suspends payment until assessment or dispute determination when required disclosure is breached. Uniform General Rules rule 72A provides a narrow rectification exception where its conditions are met.
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Written agreement: sections 179–180 let the client require a negotiated costs agreement; it cannot exclude costs assessment.
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Reasonable costs: sections 172–173 require fair, reasonable costs without unnecessary cost increases or delay.
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Advance payments: sections 129, 137–138 treat money received for services not yet provided as trust money, held for the client.
Other states and territories use separate legal-profession legislation. Their complete current thresholds and assessment time limits have not been confirmed here.
What happens to the fee if the visa is refused?
The government charge is not refunded on refusal; any contractual refund of the lawyer’s fee depends on the costs agreement. Home Affairs’ Get a refund page and Migration Regulations 1994 reg 2.12F explain the government position. Migration Act 1958 s 49(4) also makes withdrawal fees non-refundable unless the Regulations provide otherwise.
For someone paying the standard charge and seeking ART review, the government exposure is $11,710 already paid + the $3,727 ART fee, plus a separately scoped review retainer, with GST additional where applicable. This excludes the original lawyer’s fee and any later fee reduction or refund.
The ART’s Processing times page reports a median of three years two months for partner reviews finalised from March to August 2026—not a forecast for your case. Migration Regulations 1994 cl 010.511 generally ends a Bridging visa A 35 days after refusal if no ART review is sought.
Disputing a lawyer’s bill
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Raise the disputed work or amount with the practice, requesting an itemised bill where needed.
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Check the assessment deadline. Legal Profession Uniform Law s 198 generally allows 12 months after the bill; late applications may be allowed if just and fair. Recovery proceedings cannot proceed until assessment is complete.
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Check Victoria’s shorter regulator deadline. The Victorian Legal Services Board + Commissioner’s Disputing your bill page provides binding review for total bills up to $31,440 from 1 July 2026, with lodgement within 30 days for itemised bills or 60 days for lump-sum bills after becoming payable.
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Use the legal regulator for lawyer complaints. Home Affairs’ Using a legal practitioner page directs complaints to the state or territory regulator, not OMARA.
Common mistakes
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Treating the quote as the full cost: Migration Regulations 1994 separates the $11,710 charge and extra applicants; the ART’s $3,727 fee is separate too.
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Proceeding without disclosure: Uniform Law ss 174 and 178 require disclosure above the applicable $750 threshold and provide consequences for non-compliance.
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Expecting a visa-charge refund: reg 2.12F and Migration Act s 49(4) do not provide an ordinary refund for refusal or a change-of-mind withdrawal.
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Paying for “priority”: Home Affairs’ Using a legal practitioner page says lawyers cannot fast-track processing. Direction 117 s 9 requires compassionate circumstances and compelling reasons; most priority requests cannot be approved.
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Missing the ART payment deadline: the ART’s Fees page requires full payment, or 50% with a reduction request, before the applicable review deadline.
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Waiting too long to dispute a bill: Uniform Law s 198 generally sets a 12-month assessment limit; other complaint routes may be shorter.
Consultations and whether you need a lawyer
A consultation for partner visa advice with Australian Migration Lawyers can establish whether the quoted scope fits your stage. Home Affairs does not require a lawyer, but a lawyer can check your matter for the legal triggers explained in do I need a lawyer for partner visa and the guide to partner visa lawyers.
Before paying either the lawyer or the government charge, ask an Australian migration lawyer for a written costs agreement and a check of Schedule 3, section 48 and sponsor-limitation issues.
Frequently asked questions
How much do solicitors charge for a spouse visa application?
A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST. The $11,710 Home Affairs charge under Migration Regulations 1994 is extra.
How much does a lawyer cost for a fiance visa?
A fiancé (subclass 300) application is scoped and quoted separately by Australian Migration Lawyers. Migration Regulations 1994 sets the 300 charge at $11,710 and the later current-300-holder base charge at $1,955.
How much does it cost to hire an immigration lawyer in Australia?
A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST, and other matters are scoped and quoted separately. Ask for a written costs agreement showing GST and government charges separately.
Why is a partner visa so expensive?
The Home Affairs Legislation Amendment (2026 Measures No. 1) Regulations 2026 implemented a 25% Budget increase from 1 July 2026, taking the general base charge from $9,365 to $11,710. The lawyer’s fee is separate.
Is a lawyer’s fee refunded if the visa is refused?
Do not assume a refund: any contractual entitlement depends on the costs agreement. Home Affairs’ Get a refund page says the visa application charge is not refunded on refusal.