Getting it wrong is costly: a refused application loses the $11,710 Home Affairs charge, which is not refunded, and a review at the ART costs $3,727 and, for partner reviews finished between March and August 2026, took a median of 3 years 2 months. A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST. The Home Affairs charge is separate.
Check your situation in the table below; if a row applies to you, have an Australian migration lawyer review it before you lodge or reply.
The Migration Regulations 1994 set the $11,710 standard base charge from 1 July 2026; concessions exist, and Home Affairs’ Get a refund page confirms no refund on refusal. The ART’s Fees and Processing times pages supply the review figures above—not a prediction of your waiting time.
Is one of these rows your situation? Describe it to an Australian migration lawyer before you lodge or reply.
“Do I need a lawyer?” decision table
The triggers below come from the Migration Act 1958, Migration Regulations 1994 and named Home Affairs guidance. Each row is a situation where an Australian migration lawyer should review the matter.
| Situation | Legal trigger | What goes wrong without a lawyer | Lawyer review advised? | Page |
|---|---|---|---|---|
| Married, or de facto 12+ months; substantive visa without 8503, or offshore; no refusal, cancellation, sponsor history, record or serious health issue | No listed trigger; Regulations regs 1.09A and 1.15A still require relationship assessment | Incomplete evidence across the four relationship aspects | Yes, to test the evidence before lodging | — |
| No substantive visa, or condition 8503 | Regulations cl 820.211(2)(d): Schedule 3 unless compelling reasons; reg 2.05(4): 8503 waiver | Refusal and lost charge; Home Affairs says no ART review of a refused 8503 waiver | Yes | Schedule 3 (no visa) |
| Refusal or cancellation since last entry, or earlier false information | Act s 48; Regulations reg 2.12, item 1124B(3)(e), (3A), PIC 4020 | Invalid onshore application, or refusal with a 3-year exclusion; 10 years for identity | Yes | Visa refused |
| Sponsor previously sponsored a partner or was sponsored | Regulations reg 1.20J: number and five-year limits | Sponsorship refused, preventing visa grant | Yes | Sponsor limitation |
| Applicant or sponsor has a criminal record | Regulations PIC 4001, regs 1.20KB–1.20KD; Act s 501 | Refusal; a s 501 refusal can bar further onshore applications except protection | Yes | Character and records |
| Health condition with significant costs | Regulations PIC 4007; Home Affairs’ $86,000 Significant Cost Threshold | Refusal unless an available waiver is granted following an invited submission | Yes | Health waiver |
| Family violence by sponsoring partner | Regulations Div 1.5; LIN 23/026 | Evidence may not meet the required judicial or non-judicial form | Yes | Family violence |
| De facto less than 12 months, not registered | Regulations reg 2.03A(3)–(5): exceptions, including compelling and compassionate circumstances | Refusal if no exception applies | Yes | — |
| After you have lodged | ||||
| Relationship ends before 801/100 decision | Regulations relationship-ended provisions, including cl 801.221(6); Act s 104 notification | Permanent-stage refusal unless an exception applies; 820 ends on 801 refusal | Yes | Relationship ended |
| Notice of intention to cancel | Act ss 107–109, 116, 501; Regulations reg 2.44 gives five working days for an onshore s 116 response | Cancellation; s 48 may apply, or a separate character bar | Yes | Visa cancelled |
| Sponsor withdraws sponsorship | Act s 57; Regulations reg 2.15: generally 28 days for a written invitation in Australia | Refusal unless family violence, child or death provisions apply | Yes | Sponsor withdraws |
| Refused, within review period | Act s 347(3), (5): 28 days after notification; 14 if detained | Review right lost if deadline missed; no extension | Yes | ART review (appeal) |
Do you need a lawyer for a partner visa?
Home Affairs’ Using a legal practitioner says the law does not make a lawyer compulsory. The reason to consult an Australian migration lawyer is the set of legal triggers in the table.
If a trigger in the table applies, consult an Australian migration lawyer: a lawyer can check the available route, evidence and deadlines before you act.
What a lawyer checks even in a straightforward case
Even where no trigger applies, an application depends on five conditions fitting, and an Australian migration lawyer can confirm each one before you lodge:
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Relationship: married and meeting section 5F of the Migration Act 1958, or de facto for at least 12 months or registered under regulation 2.03A.
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Visa position: applying offshore, or onshore with a substantive visa without condition 8503; the Act’s definition excludes bridging visas.
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Application history: no refusal or cancellation since last entry and no earlier false information raising section 48 or PIC 4020 issues.
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Sponsor: meets regulation 1.20J and has no relevant conviction raising regulations 1.20KB–1.20KD issues.
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Health: no condition likely to raise significant-cost concerns under PIC 4007 and Home Affairs’ current $86,000 threshold.
Home Affairs’ Report on the Migration Program 2024–25 records grants as 93.9% of partner visa decisions, excluding withdrawals.
That overall rate is not your personal probability or evidence that hiring a lawyer changes the outcome. Even a straightforward case requires careful, consistent evidence.
Which situations need a lawyer?
No substantive visa?
Under the Migration Regulations 1994, cl 820.211(2)(d), an 820 application can be made without a substantive visa, but Schedule 3 applies unless there are compelling reasons not to apply it; criterion 3001 generally requires lodgement within 28 days after the last substantive visa ended. Certain former subclass 300 holders who entered on that visa and married their sponsor use a separate pathway outside Schedule 3. Ask a lawyer to check timing and the Schedule 3 waiver position if you hold only a bridging visa or no visa.
A previous refusal or cancellation?
Section 48 of the Migration Act 1958 restricts onshore applications without a substantive visa; partner classes are prescribed, but Regulations item 1124B requires a signed sponsorship and two declarations by citizens, permanent residents or eligible NZ citizens other than the partner, made within six weeks of lodgement—Home Affairs’ 820 page says Form 888 does not count. Withdrawing before refusal is not a refusal under s 49(3), but a partner refusal since last entry can bar reapplication, and a separate 21-day Class BS restriction affects 820/309 holders. Get the history checked before assuming you can reapply.
Condition 8503?
Home Affairs’ No further stay waiver says marriage is not itself a waiver reason and a refused waiver has no ART review. Its 820 page requires approval before applying, under the framework in regulation 2.05(4). Seek legal advice before lodging if condition 8503 applies.
Has the sponsor sponsored a partner before?
Regulation 1.20J of the Migration Regulations 1994 generally permits no more than one earlier partner grant and requires five years between relevant application dates, including where the sponsor was previously sponsored. A waiver is available for compelling circumstances affecting the sponsor. Have the dates and grant history checked if either history applies.
Earlier false information?
PIC 4020 of the Migration Regulations 1994 can cause refusal and a three-year exclusion affecting the applicant and family unit members; identity refusals involve ten years. The identity limbs cannot be waived. Obtain legal advice before answering or correcting information if an earlier application or document raises this issue.
A criminal record?
Applicant character is assessed under PIC 4001, section 501 of the Migration Act 1958 and Ministerial Direction 110. Sponsor convictions raise separate Regulations requirements, including regs 1.20KC–1.20KD and consent to disclosure of relevant convictions to applicants. Get the actual conviction and sentencing records reviewed if either person has a record.
A health condition?
PIC 4007 of the Migration Regulations 1994 permits a waiver of specified health requirements, while Home Affairs’ Significant Cost Threshold page states $86,000. Its Health waiver guidance says the officer invites a submission; no separate waiver application is needed. Seek help with medical and cost evidence if significant costs or access concerns arise.
De facto for less than 12 months?
Regulation 2.03A(3)–(5) provides exceptions to the 12-month rule, including registration and compelling and compassionate circumstances. The Acts Interpretation (Registered Relationships) Regulations 2019 prescribe laws in NSW, Victoria, Queensland, SA, Tasmania and the ACT, but not WA or the NT. Have the exception checked if you intend to apply before reaching 12 months.
Family violence?
Division 1.5 of the Migration Regulations 1994 recognises judicial and non-judicial evidence; for the statutory-declaration route, LIN 23/026 requires at least two evidence items of different types. If not satisfied, the Department must obtain an independent expert’s opinion under reg 1.23. Seek independent legal help to check eligibility and evidence if the sponsoring partner has committed family violence.
What goes wrong without a lawyer?
The costs are consequences of refusal—not proof that representation prevents it:
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Lost application charge: Home Affairs’ Get a refund guidance confirms no refund on refusal; the Regulations set the standard base at $11,710.
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Review fee: the ART’s Fees page lists $3,727 from 1 July 2026, subject to available reductions and exemptions.
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Long review: the ART’s Processing times page reports a median of three years two months for partner reviews finalised March–August 2026.
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Visa consequences: Regulations cl 010.511 generally ends a Bridging visa A 35 days after refusal without review; item 1124B bars onshore reapplication after a partner refusal since last entry for someone without a substantive visa.
Limited-scope legal work: a document check before lodging
A document check or pre-lodgement review is limited-scope work in which an Australian migration lawyer tests eligibility, inconsistent answers and missing evidence in an application before it is lodged, within an agreed scope.
Home Affairs’ Using a legal practitioner says you remain responsible for accurate information either way, so the scope should be agreed in writing.
What a lawyer cannot do
A lawyer cannot fast-track processing or guarantee a visa, according to Home Affairs’ Using a legal practitioner. Direction 117 allows departure from processing order for special compassionate circumstances and compelling reasons, but Home Affairs says most priority requests cannot be approved.
Nor can a lawyer substitute a different sponsor: Home Affairs’ 820 page says you cannot change your sponsor.
Common mistakes
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Ignoring Schedule 3: Regulations cl 820.211(2)(d) and criterion 3001 require attention to the 28-day window or compelling reasons not to apply the criteria.
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Applying before an 8503 waiver: Home Affairs’ 820 page requires approval first; requesting a waiver does not keep you lawful.
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Using Form 888 for section 48: Regulations item 1124B requires the two recent statutory declarations; Home Affairs expressly rejects Form 888 for this purpose.
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Inconsistent answers or altered documents: PIC 4020 and Home Affairs’ Providing accurate information guidance address false information; Act s 234 and Criminal Code s 137.1 create offences.
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Using a state police certificate: Home Affairs’ Character guidance requires an AFP National Police Check, Code 33, not a state or territory certificate.
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Missing a response deadline: Regulations reg 2.15 generally gives a non-detained applicant in Australia 28 days for a written s 56/s 57 invitation; request the available seven-day extension before expiry.
Getting a lawyer’s view on your case
Read about partner visa lawyer fees, then use the partner visa consultation page to arrange a consultation with Australian Migration Lawyers and have the triggers above checked.
This site is an information guide, not a law firm. The registered law firm is Australian Legal Partnership Pty Ltd (ACN 656 815 539), trading as Australian Migration Lawyers. The partner visa lawyer guide explains the legal work available.
If the decision table shows a legal trigger, ask an Australian migration lawyer to check it before lodging: Schedule 3 timing, section 48 declarations or a condition 8503 waiver can control the available route.
Frequently asked questions
Do I need a solicitor to apply for a spouse visa?
An Australian migration lawyer should review the matter when a table trigger applies, because the lawyer can check the route, evidence and deadlines before you lodge.
How much does a lawyer charge for a partner visa?
A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST. The Home Affairs visa application charge is separate.
Is it hard to get a partner visa in Australia?
Home Affairs’ Report on the Migration Program 2024–25 records 93.9% of decisions as grants. That does not predict your result; legal triggers can make a case more complex.
What evidence is needed for a partner visa?
Regulations regs 1.09A and 1.15A require consideration of financial, household, social and commitment aspects. Home Affairs’ 801 page also asks for two Form 888 statements and the sponsor’s statutory declaration at the permanent stage.