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Do I really need an immigration lawyer to lodge my partner visa?

Discover the benefits of hiring an immigration lawyer for your partner visa application. From handling complex paperwork to maximizing approval chances, learn how legal expertise simplifies the process.

Applying for a partner visa in Australia can be a complex and daunting process. Many applicants wonder if they truly need an immigration lawyer to assist with their application. While it is possible to lodge a partner visa application without professional help, engaging an experienced immigration attorney can significantly increase your chances of success. In this article, we will explore the partner visa application process, the benefits of hiring a lawyer, common mistakes to avoid, and how an immigration attorney can help prevent delays.

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Understanding the Partner Visa Application Process

This is a multiple-step process and could take 12 to 24 months for confirmation, subject to several factors, including the completeness of the application and how complicated the case is. Following an immigration lawyer’s advice will facilitate this process by considering all requirements to avoid potential delays. Here is a breakdown of the typical process:
  • Application Stages : Trademarks Through the application for a partner visa, there are normally two phases or stages: temporary partner visa and permanent partner visa. Knowing both phases is equally important in making the application successful.
  • Temporary Partner Visa, Subclass 820/309: This is the primary visa where one applies to live in Australia with a partner. It lets one stay temporarily while the permanent visa is being processed. In this regard, a partner visa lawyer would help in the preparation of a comprehensive application that would meet all the criteria contained in the requirements.
  • Permanent Partner Visa (Subclass 801/100) : After you have held this temporary visa for a period and have met the required criteria, you can go ahead and get a permanent partner visa. Movement from temporary to permanent may not be a problem if guided by an immigration lawyer in Sydney to ensure every document is in order and all the requirements of the law are met.
  • Eligibility Criteria : A few eligibility criteria need to be met by applicants to be awarded a partner visa. This is affirmative of a genuine relationship and health, plus character clearance tests ​
  • Genuine Relationship : You have to indicate that the relationship with your partner is genuine and continuous. This includes proof that you share bank or credit union accounts, household chores, and that your relationship is socially recognized. In the form of attestations from friends and family, attesting to its genuineness also becomes necessary. ​
  • Character and Health Checks : Character and health checks are required for both the applicant and the sponsor. This includes getting police certificates and going for medical checks. An immigration lawyer will ensure that all these are complied with and documented accordingly. ​
  • Documentation Mistakes : Even minor documentation errors can trigger a delay or rejection. An immigration lawyer in Sydney can reduce these mistakes by checking over your application and required documents to ensure everything is truthful and complete. ​
  • Requirements Misunderstood : Many applications could become ineligible because of the eligibility requirements. Partner visa lawyers can offer practical and strategic advice tailored to your specific situation—precise, relevant advice that aids in shoring up an application to avoid common breaches. ​
  • Timing Issues :  Missing deadlines regarding the receipt of additional information or a response to requests from the Department of Home Affairs is not conducive to your application. Lawyers help make your application complete and decision-ready, reducing the chances of delay caused by missing or incorrect information. ​

Benefits of Hiring an Immigration Lawyer

Including an immigration attorney in the processing of your partner visa application adds several benefits to the process that can boost your chances of success manifold. With the help of expert knowledge and time proficiency, a professional can handle the intricacies of the process on your behalf. Of these, the main advantages of hiring an immigration lawyer in Sydney for your partner’s visa needs are discussed below.
  • Expertise and Knowledge : An immigration attorney has substantial knowledge of how to go about applications for a visa or any other matter regarding the current immigration laws. They know the legal requirements and, therefore, can provide strategic advice based on unique situations. This would ensure that all bases of your application are covered and it meets all necessary criteria. For instance, partner visa lawyers can guide you through the details associated with proving the genuineness of your relationship and prepare the documentation required for it. They have in-depth knowledge of how to avoid the slightest chance of error and maximize the potential for an application to succeed​​.
  • Minimising Mistakes: Among the most important benefits of engaging an immigration lawyer in Sydney is the reduction of mistakes on applications. Even minor errors in your documentation may lead to delays or even flat-out rejection. All the minute details in your application must be re-checked by the immigration attorney for perfection and completeness. They know the common pitfalls and are quite capable of guiding you to avoid them by obtaining clear instructions for collecting and presenting evidence. Lessen the chance of errors, and you increase the likelihood of your application going through smoothly and with time to spare​​.
  • Time Efficiency : Another essential benefit of engaging a partner visa lawyer relates to time efficiency. Sometimes, making an application for a visa takes as long as 12 to 24 months to be granted, mostly due to the lengthiness and complexity of the process. An immigration attorney will help speed up this process by ensuring that your application is ready for decision-making and accompanied by the required documents and pieces of evidence. They will conduct correspondence with the Department of Home Affairs, respond in good time to any requests for additional information, and update you on the status of your application. Since this is proactive, it helps evade avoidable delays and hasten the pace of the overall process. ​

How an Immigration Lawyer Can Help Avoid Delays

An immigration lawyer can be very important in avoiding potential delays related to your application for a partner visa. Their experience and proactive approach could be very instrumental in ensuring that your application is processed efficiently and effectively. Here are some major ways in which an immigration attorney in Sydney can help you avoid delays.
  • Thorough Preparation : An immigration lawyer will ensure that your application for a partner visa is thoroughly prepared and complete before its submission. They will go through every piece of documentation and evidence to correct any inconsistencies and check the admissibility of your case under immigration law. It also includes the collection of relevant evidence to prove the authenticity of your relationship, like financial records, agreements of joint tenancy, and statements from friends and family. By lodging a decision-ready application, partner visa lawyers greatly minimize the potential delays resulting from incomplete or incorrect information, thereby maximizing the chances of approval on time​.
  • Proactive Communication : Effective correspondence with the Department of Home Affairs heads off delays. A foremost immigration lawyer in Sydney replies to all correspondence issued against you, answering any request for further information or concerns that may have been raised in support of your application. They keep you updated on the progress regarding your application and can provide you with progress updates at regular intervals. This proactive correspondence avoids delays due to unresponsive applicants and ensures that your application keeps moving. This way, they can easily counter any problem or question that the immigration department will raise, and hence, everything will become easier.​
  • Problem-Solving : Immigration lawyers can solve any problem that may emerge during the application process. Be it a missing document or a discrepancy noted in your application, a complication that pops up from nowhere, partner visa lawyers quickly pinpoint and fix the problem. They can professionally advise on how to handle complicated matters, such as character concerns or health issues, to make sure such challenges do not end up causing unnecessary delays. Their ability to look through the intricacies of immigration law and provide effective solutions for keeping your application process on schedule is, therefore, invaluable.

CONCLUSION

While making a partner visa application without professional help is possible, the density and the pitfalls of the process make the employment of an immigration attorney well worth the effort. Sound legal advice will leave out mistakes and speed up the process, offering support along the way to very valuable services that maximize your chances of success. If you intend to apply for an Australian partner visa, an immigration lawyer in Sydney will be instrumental in seeing your application through to its completion.  

FAQs

No, you do not have to engage an immigration lawyer in the submission of your partner visa application. However, engaging one may just make all the difference between success and failure in such an application. That will make sure your application is decision-ready, complete, and accurate. Lawyers offer quality advice and deal with any complexities that might occur along the way.  
The cost that you are going to pay for the services of an immigration lawyer in Sydney depends on your case requirements and the experience of your lawyer. Almost all cases are charged on a fixed-fee basis, which gives clarity to your overall costs. It is recommended to get a quote during your initial consultation to estimate the cost required.    
An immigration lawyer cannot assure approval of your partner’s visa class. But certainly, his years of experience in dealing with such cases will improve the chances by ensuring that the application is presented in the best possible way and fully meets all legal requirements.  
In general, approvals for partner visa applications can occur anywhere from a 12-month to 24 months, depending upon how complete the application is and the intricacy of the case. An immigration lawyer can preside over the speeding up of the process by making sure your application is decision-ready and fixing any mistakes promptly​.

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