Key Takeaways
- A section 56 request is a written invitation from the Department of Home Affairs to give further information before your partner visa application is decided. The way to respond is to answer every numbered item in full, in the form asked for, through ImmiAccount, before the time stated in the letter ends.
- Partner visa section 56 requests most often ask for police certificates, health examinations, Form 80, Form 888 supporting statements, updated relationship evidence, identity documents, translations, sponsor documents and evidence about previous relationships or children.
- The time to respond is fixed in the letter, is short and is strictly applied. It runs from the date the applicant is taken to have received the request under the notification rules, not from the date the email was first opened.
- If the response is late or incomplete, the case officer can decide the application on the information already held. A refusal can follow even where the missing item was easy to obtain.
- A section 56 request asks for information. A section 57 letter is different: it puts adverse information to the applicant for comment because it could be the reason for a refusal.
- A clear cover letter that lists each requested item, where it is attached and what is still outstanding is the single most useful part of a complete response.
What is an s56 request on a partner visa?
An s56 request on a partner visa is a written invitation from the Department of Home Affairs, made under section 56 of the Migration Act 1958, to give further information before the application is decided. Anyone typing "s56 request partner visa" into Google usually has the letter open in front of them and wants to know two things: what the case officer is really asking for, and how to answer it fully the first time. This guide answers both, step by step, for the s56 request partner visa applicants and sponsors most commonly receive.
Section 56(1) says that a decision maker may, but is not required to, get any information that they consider relevant before deciding a visa application. Section 56(2) allows the decision maker to invite the applicant to give that information, either orally or in writing. Any additional information that is obtained must be taken into account. Section 54 also requires the decision maker to have regard to all of the information in the application, and section 55 allows an applicant to give further information at any time before the application is decided.
The practical point is simple. A case officer is not obliged to ask for anything. If an officer sends an s56 request, partner visa applicants have been given a chance that the law did not require. The officer has identified a gap and is giving the applicant an opportunity to fill it. That opportunity should be treated as the most important moment in the application since lodgement.
This article stays on the partner visa response itself. For the general rules that apply to every visa type, read our guide to responding to a section 56 request for more information. For the wider partner visa process, see the complete partner visa guide. If the time to respond is the problem, our separate guide on asking for a partner visa s56 extension deals with requests for more time. The rest of this article explains the s56 request partner visa process from the letter arriving to the decision that follows.
Is an s56 request a sign that the partner visa will be refused?
No. An s56 request is not a refusal and is not a finding against the applicant. It is very common in partner visa processing. Many partner visa applications receive at least one request before a decision is made, most often for police certificates, health examinations or more recent evidence of the relationship.
An s56 request partner visa applicants receive is, however, a warning sign of a different kind. It shows exactly what the case officer considers missing or unclear. If that gap is not filled, the officer can decide the application without it. The request should therefore be read as a list of the things that stand between the applicant and a decision on the full facts.
Who receives the s56 request?
The request is sent to the person or address the Department has on record for correspondence. Where an applicant has appointed a representative by Form 956, the request is normally sent to the representative. Where there is no representative, it usually goes to the applicant's ImmiAccount and to the email address given in the application.
Some items in an s56 request partner visa case officers issue are addressed to the sponsor rather than the applicant. Policy guidance on sponsorship assessment states that, under regulation 1.20KC(5) of the Migration Regulations 1994, a request for police checks relating to the sponsor should be made to the sponsor, not the visa applicant. Sponsors should therefore check their own email and ImmiAccount as carefully as the applicant does.
What does the s56 request partner visa applicants receive look like?
A section 56 request is usually a letter titled "Request for further information" or similar, sent by email or through ImmiAccount, which lists the documents or information required and states how and by when the response must be given. Department policy itself refers to it as a section 56 Request for further information, often shortened to RFI.
Most letters follow the same pattern, and every s56 request partner visa applicants receive will contain the same core parts. The letter identifies the applicant, the application and the visa subclass. It states that the Department is assessing the application and needs further information. It then lists the items required, often in a numbered list or a table. Each item may name a particular person, such as the primary applicant, a secondary applicant or the sponsor. The letter ends with instructions on how to respond and the time allowed.
What the letter must specify
Section 58(1) of the Migration Act 1958 requires an invitation under section 56 to specify whether the information is to be given in writing, at an interview or by telephone. Most partner visa requests ask for a written response through ImmiAccount. Where an interview is required, section 58(3) requires the invitation to state the date, time and place of the interview.
Section 58(2) provides that a response that is not given at an interview must be given within the period specified in the invitation. The period is worked out by reference to the Migration Regulations 1994, including regulation 2.15. The letter is therefore the authoritative source of the time limit for that particular s56 request. Partner visa applicants should read the date in the letter itself, not a date calculated from memory. Applicants should never rely on a period they have read online or on a period that applied to a friend's application.
What the letter usually does not say
A section 56 letter usually does not explain why each item is needed. It may say "please provide evidence of the ongoing nature of your relationship" without saying what concern sits behind that request. It also usually does not warn the applicant about every consequence of a weak response. That is why reading the request with experienced partner visa lawyers can be valuable: the words of the request often point to a concern that the letter does not state openly.
Where the letter can be found
The request can arrive in several places. It may be sent to the email address in the application. It may appear in the ImmiAccount message centre or attached to the application. It may be sent to the authorised recipient. Applicants who have not used ImmiAccount for some time should log in and check the application page, not just their email inbox. Our guide on how to create an ImmiAccount explains how the account works and how to import an application.
Why do partner visa case officers send section 56 requests?
Partner visa case officers send section 56 requests because they cannot decide a criterion on the information held, and the law allows them to ask for more before they decide. The request shows which criteria the officer is focused on.
There are four broad reasons behind almost every s56 request partner visa case officers send.
The first is that a criterion must be met at the time of decision and the evidence has become old. Character, health and the genuine and continuing relationship are all assessed when the decision is made. Police certificates and health clearances expire. Relationship evidence from the date of lodgement may say little about the relationship today.
The second is that something required was never provided. Some applicants lodge before all documents are ready, intending to attach them later, and then forget. The officer will not always ask twice.
The third is that the evidence provided raises a question. Inconsistent dates between the application form and the relationship statement, an unexplained period of living apart or a gap in identity documents can all lead to a targeted request.
The fourth is that the officer suspects a problem but does not yet have information that could be put to the applicant formally. Department guidance on public interest criterion 4020 states that, where a decision maker suspects fraud but does not have information that can be put to the applicant under section 57, they should request further information under section 56 to confirm or dismiss the suspicion. An s56 request partner visa applicants receive in that situation may look routine but carry far more weight. Readers concerned about this kind of issue should also read our article on why partner visas get refused.
What the request is telling you about the case officer's thinking
The wording of each item is a clue. A request for "evidence of joint financial commitments since the date of application" points to the financial aspect of the relationship. A request for "an explanation of the period during which you resided at different addresses" points to the nature of the household and possibly the genuineness of the relationship. A request for "documents relating to your previous marriage" may point to whether the applicant was free to marry or whether a previous relationship had ended when the current one began.
Reading the s56 request partner visa applicants receive in this way turns a list of documents into a list of issues. Every issue should be answered, not just every document supplied.
Which partner visa stages receive an s56 request?
An s56 request can be sent at every partner visa stage, including the temporary stage, the permanent stage and the Prospective Marriage visa, and it can be directed at the applicant, a secondary applicant or the sponsor.
Subclass 820 and Subclass 309: the temporary stage
At the temporary stage, a Subclass 820 visa applicant in Australia or a Subclass 309 visa applicant outside Australia is assessed against the full set of time of application and time of decision criteria. This is where the widest requests are made: police certificates from several countries, health examinations, Form 80, identity documents and the first real test of the relationship evidence. For more detail on the onshore stage, see our Subclass 820 partner visa guide and our article on what evidence an 820 partner visa needs.
Subclass 801 and Subclass 100: the permanent stage
At the permanent stage, the relationship must still be genuine and continuing, and the public interest criteria must be met again. Policy guidance on the Subclass 801 visa states that the applicant must satisfy PICs 4001, 4002, 4003, 4004, 4007 and 4009, and PIC 4019 where the applicant had turned 18 at the time of application. The same guidance states that members of the family unit are required to provide a current penal clearance for any country they have lived in for a cumulative period of 12 months or more since the grant of the Subclass 820 visa.
Health examinations are not usually repeated at the permanent stage. Policy states that applicants who received a permanent health clearance at the temporary stage are not ordinarily required to undertake further health checks, unless the decision maker has reason to believe a condition was not disclosed, there are concerns of fraud, the applicant's health has changed, or the temporary visa ceased more than 12 months before the permanent assessment began. Where a child was born or adopted after the temporary visa was granted and is included as a dependant, that child will need immigration medical examinations at the second stage.
The most common s56 request partner visa holders receive at the permanent stage is therefore a request for new police certificates and updated relationship evidence. Our article comparing Subclass 820 and Subclass 801 explains the two stages in detail.
Subclass 300: the Prospective Marriage visa
A Subclass 300 Prospective Marriage visa applicant can also receive an s56 request, commonly about the intended marriage, evidence that the couple have met in person, and character and health documents.
Requests directed at the sponsor
Sponsors can receive their own request, especially for police certificates where the application includes a child under 18 or where sponsorship limitations need to be assessed. Our page on partner visa sponsorship limitations and our article on when a sponsor cannot sponsor a partner visa explain why those documents matter. A sponsor who ignores an s56 request partner visa case officers have addressed to them can affect the outcome for the applicant.
What documents does an s56 request partner visa applicants receive usually ask for?
An s56 request partner visa applicants receive usually asks for one or more of nine kinds of document: police certificates, health examinations, Form 80, Form 888 supporting statements, updated relationship evidence, identity documents, translations, sponsor documents, and evidence about previous relationships or children. Each has its own traps.
Police certificates
Police certificates are the most common item in any s56 request partner visa case officers send. They are used to assess the character requirement in PIC 4001. The request will normally name each country for which a certificate is needed and each person who must provide one.
The common mistakes in this part of the s56 request partner visa process are predictable. Applicants obtain a certificate in the wrong name, omit a former name or alias, obtain a local or state check when a national check is required, or provide a certificate that is already old by the time it is uploaded. Some applicants assume a certificate from their home country is enough when they have also lived in a third country for a significant period.
Where a certificate cannot be obtained in time because a foreign police authority is slow, the response should include proof that it was applied for, the date of application and the expected date of issue. That is also the point at which a request for more time may be needed. Applicants with any criminal history should get advice before uploading anything, because a police certificate that discloses convictions can turn an s56 request partner visa applicants expected to be routine into a character assessment. Our visa refusals page explains what is at stake if character concerns are not handled properly.
Health examinations
A health item in an s56 request partner visa applicants receive usually includes a HAP ID or instructions to arrange immigration medical examinations. The examinations are used to assess the health requirement in PIC 4005 or PIC 4007, depending on the visa. The applicant does not upload the results. The panel clinic sends them to the Department electronically. The response to the request should still confirm, in writing, the date the examinations were completed and the clinic that conducted them.
The common mistake is to book the examination but not tell the case officer it has been done. Another is to assume that a child born after lodgement does not need examinations. Where a family member has a known medical condition, advice should be obtained before the examination, because the health assessment can affect the whole application.
Form 80
Form 80, the personal particulars form for assessment including character assessment, is often requested where an applicant has a complex travel or residential history, has served in the military, or comes from a country where identity documents are less reliable. It is long, it asks for exact dates, and it is compared against every other document on the file.
Errors in Form 80 are a frequent source of later trouble. A gap in the residential history, a missing trip, or a date that conflicts with the application form can all lead to a follow-up request or worse. Our Form 80 guide explains how to complete it without errors. The s56 response should only include a Form 80 that has been checked line by line against the application form, the passport and the relationship history.
Form 888 supporting statements
A Form 888 item in an s56 request partner visa applicants receive is a request for evidence of the social aspects of the relationship. The Migration Regulations 1994 require the decision maker to consider the opinion of the couple's friends and acquaintances about the relationship. Form 888 is the main way that opinion reaches the file.
Where Form 888 statements were already lodged, a fresh request often means the existing statements were too thin, came from people who did not know the couple well, or are now out of date. The new statements should come from people who genuinely know both partners and can describe what they have seen. They must not be copied from each other. Our guides on who can make a Form 888 and on Form 888 example answers and common mistakes cover the detail.
Updated relationship evidence for the four aspects
A request for updated relationship evidence asks the couple to show that the relationship is still genuine and continuing. The regulations require the decision maker to consider all of the circumstances of the relationship, including four aspects: the financial aspects, the nature of the household, the social aspects, and the nature of the couple's commitment to each other. These are regulation 1.15A(3) for married couples and regulation 1.09A(3) for de facto couples.
The four aspects are aspects of one relationship. They are not four separate statements. The response should provide evidence that speaks to each aspect, and, where the request asks for it, one updated relationship statement that explains how the relationship has developed since lodgement. Financial evidence might include joint accounts, shared bills and evidence of shared expenses. Household evidence might include leases, correspondence to the same address and how household tasks are shared. Social evidence might include joint invitations, travel together and Form 888 statements. Commitment evidence might include time spent together, plans for the future and how the couple have supported each other.
Recency matters. In the s56 request partner visa context, a request for updated evidence is not answered by uploading the same documents that were lodged at the start. Our guides on partner visa relationship evidence and preparing evidence of a genuine relationship explain what persuades a case officer. De facto couples should also read our article on the de facto partner visa and the 12 month rule.
Identity documents
Identity items in an s56 request partner visa applicants receive usually ask for a current passport, a birth certificate, a national identity card, or evidence of a change of name. They often arise where names are spelled differently across documents, where a date of birth differs, or where the passport has been renewed since lodgement. If a new passport has been issued, the Department must be told and the details updated, and the s56 response is a good moment to confirm that has been done.
Translations
Documents that are not in English must be accompanied by an English translation. The common mistake is to translate only part of a document, or to provide a translation that does not identify who prepared it. A missing or poor translation can mean the document is given little weight. The response should attach the original and the translation together, so the officer can see both.
Sponsor documents
Sponsor items may include proof of the sponsor's Australian citizenship, permanent residence or eligible New Zealand citizen status, the sponsor's police certificates, or information about previous sponsorships. As noted above, policy states that a request for sponsor police checks under regulation 1.20KC(5) should be made to the sponsor. The response should come from, or be signed by, the sponsor where the request is addressed to them.
Evidence about previous relationships or children
An s56 request partner visa case officers send will often ask for divorce certificates, death certificates of a former spouse, or evidence that a previous de facto relationship had ended. These go to whether the applicant was free to enter the current relationship and whether the relationship history in the application is accurate. Where children are involved, the request may ask for birth certificates, custody orders or the consent of a non-migrating parent. Where a child is under 18, sponsor police checks may also be relevant to the best interests of children criteria in PICs 4016 and 4018. Applicants in a same-sex or LGBTI relationship may need to explain previous relationships in more detail where official records do not reflect them.
How do you read the s56 request partner visa applicants receive?
You read an s56 request precisely by turning every sentence into a separate task, noting who it applies to and what form the answer must take, and checking each task against what is already on the file.
Most incomplete s56 request partner visa responses are not caused by a lack of documents. They are caused by misreading the request. The following method avoids that.
Step one: copy every item into a list
Write out each numbered item word for word. Where one item contains several requests, split it. "Please provide police certificates and evidence of your current address" is two tasks, not one. Where a request applies to "all applicants aged 16 and over", list each person by name.
Step two: note the person each item applies to
An s56 request partner visa case officers send may cover the primary applicant, secondary applicants and the sponsor in one letter. Each item must be answered for each named person. A complete police certificate for the applicant does not satisfy a request for the sponsor's certificate.
Step three: note the form of the answer
Some items require an original document, some require a certified copy, some require a form, and some require a written explanation. A request to "explain" cannot be answered with a document alone. A request for "evidence" cannot be answered with a statement alone. Where the request names a form, that form must be used.
Step four: identify the concern behind each item
Ask what the item tells you about the officer's thinking, as explained earlier. A request for evidence of cohabitation may point to a concern about a period apart. A request for a former spouse's details may point to a question about the timeline. The response should deal with the concern, not just the document.
Step five: check the file
Compare each item against what was lodged. If the item was already provided, do not simply say so. Upload it again, clearly named, and explain in the cover letter where it was first lodged. Case officers work across large files and documents can be missed.
Step six: diarise the time limit
Record the date the request was received and the date the response is due, calculated from the letter. Every s56 request partner visa applicants receive should go into a diary on the day it arrives. Then set an internal deadline well before that date.
How do you lodge the s56 request partner visa response in ImmiAccount?
You respond by uploading each requested document to the correct applicant and document type in ImmiAccount, attaching a cover letter that maps every item to its attachment, and then confirming through the method the letter specifies that the response is complete.
Use the method the letter specifies
Almost every s56 request partner visa applicants receive asks for documents to be attached to the application in ImmiAccount. Some also ask the applicant to email a confirmation or to click a button indicating that the information has been provided. Follow the letter exactly. A response sent by a method the letter did not specify risks being missed.
Attach to the right person
ImmiAccount lists each applicant separately. Documents must be attached to the person they relate to. A police certificate for a secondary applicant attached under the primary applicant may not be found. Sponsor documents are usually attached in the sponsor's own section or account, depending on how the application was lodged.
Name every file clearly
Use file names that tell the case officer what the document is without opening it, for example "Item 3 Primary applicant police certificate India". Avoid names such as "scan001".
Upload complete, legible copies
Scan every page, including blank backs where they contain stamps. Make sure the full document is visible, the text is legible and the colour is preserved where it matters.
Keep a record
Download or screenshot the attachment list after uploading, showing the date and time. If there is a later dispute about what was provided, that record is valuable.
What if the application was lodged by someone else?
Applicants who lodged with a previous adviser, or who now want help, can appoint a new representative at any time. Our articles on hiring an immigration lawyer after lodgement and how to change your immigration lawyer explain the process.
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What should the cover letter to an s56 request partner visa response include?
The cover letter to an s56 request partner visa response should identify the application, list every item in the request in the same order and numbering, state where each answer is attached, and explain any item that is not yet available.
A cover letter is not a legal requirement, but it is the single most useful document in the response. It tells the case officer that the request has been read carefully, it makes every attachment easy to find, and it stops an item being overlooked.
What a strong cover letter contains
A strong cover letter for an s56 request partner visa response contains the following:
- the applicant's name, date of birth, the application's transaction reference number and the visa subclass;
- the date of the request and the date of the response;
- a table or numbered list that repeats each item from the request, word for word or closely paraphrased;
- against each item, the name of the attached file and the person it relates to;
- for any explanation requested, either the explanation itself or a reference to a separate signed statement;
- for any item still outstanding, what has been done to obtain it, when it was applied for and when it is expected; and
- a short statement that the applicant will provide the outstanding item as soon as it is received.
What a cover letter should not contain
A cover letter should not argue, complain about the processing time or volunteer long explanations that were not asked for. It should not include new claims that are inconsistent with the application. Above all, it must be accurate. A false or misleading statement in an s56 response can engage PIC 4020, the integrity criterion, which is far more serious than a missing document. Our article on partner visa refusals explains how integrity concerns lead to refusal.
Should the response include an updated relationship statement?
Yes, where the request asks for updated relationship evidence or an explanation of the relationship since lodgement, an updated statement is usually the clearest way to answer. It should be one relationship statement that covers the four aspects of the relationship, not four separate statements. It should be consistent with the original statement, the application form and the Form 888 statements. Where circumstances have changed, it should say so plainly.
How strict is the deadline in an s56 request partner visa letter?
The deadline in an s56 request partner visa letter is short and strictly applied: it is the period stated in the letter, and it runs from the date the applicant is taken to have received the request under the notification rules in the Migration Act 1958, not from the date the email was opened.
When the time starts
The Act and the Regulations contain rules about when a document sent by the Department is taken to have been received. For a document sent by email, the applicant is generally taken to have received it at the time the email is sent, or very shortly after, regardless of when it was read. Section 494C of the Migration Act 1958 and the related regulations govern these rules. The practical consequence is that the time limit in an s56 request partner visa letter can be running while the email sits unread in a junk folder.
Section 52(3B) of the Act requires an applicant to tell the Department of any change of contact details. If the Department sends the request to an old email address because the applicant did not update it, the time will usually still run. Applicants who change their email address, phone number or residential address should update their details through ImmiAccount immediately.
Why the period is not stated here
The time allowed differs according to the method of response and the circumstances, and it is stated in the letter. This article deliberately does not state a number of days, because the only reliable figure is the one in the letter in front of you. Applicants should treat every s56 request partner visa deadline as short and act on the day the request arrives.
What if more time is needed?
The law allows the time to respond to be extended, but the Department is not obliged to agree. A request for more time must be made in writing before the time ends and supported by evidence. Our separate guide to asking for a partner visa s56 extension covers the detail. The safest course is always to send everything available within the time, with a cover letter explaining what is outstanding.
What happens if the s56 request partner visa response is late or incomplete?
If the s56 request partner visa response is late or incomplete, the case officer can decide the application on the information already held, and a refusal can follow even if the missing item would have been easy to provide.
The decision can be made without the missing information
Once the time to respond has passed, the decision maker is not required to wait. Section 63 of the Migration Act 1958 provides, in substance, that where an applicant has been invited to give information, the decision maker must not refuse the visa before the information is given, the applicant says they will not give it, or the time to give it ends. Once the time ends, the decision can be made. Department policy states that the officer may make a decision based on the available information.
An incomplete response is treated much like no response for the missing item
If six items are requested and five are provided, the decision maker can proceed on the basis that the sixth was not provided. A missing police certificate can mean the decision maker cannot be satisfied that PIC 4001 is met. Missing health examinations can mean PIC 4005 or PIC 4007 cannot be assessed. Missing updated relationship evidence can mean the decision maker is not satisfied the relationship is genuine and continuing at the time of decision. Each of these is a ground for refusal, and our article on why Subclass 820 visas are refused shows how often they arise.
Can information be sent after the time ends?
Section 55 allows an applicant to give further information at any time before the application is decided, and the decision maker must take it into account. Late information can therefore still help if the decision has not yet been made. That is not a strategy. Once the time has passed, the decision can be made on any day, and there is no warning before it is.
What if the partner visa is then refused?
A refused partner visa can usually be reviewed by the Administrative Review Tribunal, which replaced the AAT on 14 October 2024. The time limit for review is short, strictly applied and runs from the date the decision is notified. Anyone who receives a refusal should act immediately and read our guides on partner visa refusal appeal options and what to expect at an ART review. A refusal after an incomplete s56 request partner visa response is exactly the kind of decision that a well prepared review application can address, but it is far better not to need one.
What about the bridging visa?
An applicant in Australia who holds a bridging visa associated with the partner visa application keeps that visa while the application is being processed and, if the application is refused, for a period after the refusal that depends on review. Our guides to Bridging visa A and working on a bridging visa while waiting for a Subclass 820 visa explain the position. An s56 request partner visa applicants receive does not change their bridging visa.
How is an s56 request different from an s57 natural justice letter?
An s56 request asks the applicant for further information, while an s57 letter puts specific adverse information to the applicant for comment because that information could be the reason, or part of the reason, for refusing the visa.
Section 57(1) of the Migration Act 1958 defines relevant information as information that the decision maker considers would be the reason, or part of the reason, for refusing the visa, that is specifically about the applicant or another person rather than a class of persons, and that was not given by the applicant for the purpose of the application. Section 57(2) requires the decision maker to give particulars of that information to the applicant, explain why it is relevant and invite comment.
The difference matters in practice:
- An s56 request partner visa applicants receive asks "please provide". An s57 letter says "we have information that may lead to refusal, please comment".
- An s56 request often concerns routine documents. An s57 letter usually concerns a credibility, integrity or eligibility issue, such as information from a third party, an inconsistency with earlier applications or a concern under PIC 4020.
- Department guidance states that a section 56 request cannot be used to put PIC 4020 information to an applicant. Where a PIC 4020 refusal is being considered, a section 57 letter must be sent.
- An s57 response usually requires a written legal submission that deals with the adverse information directly. An s56 response is mostly documents with a cover letter.
Some letters combine elements of both. Where a letter includes adverse information about the applicant, the sponsor or the relationship, it should be treated as an s57 letter and answered with the same care. Our article on the s57 natural justice letter for a partner visa explains how to respond to that kind of letter.
What are the most common mistakes in the s56 request partner visa process?
The most common mistakes in the s56 request partner visa process are missing the email, answering only part of an item, uploading old or unclear documents, giving explanations that conflict with the file, and failing to tell the Department about a change in circumstances.
Missing the email
Requests sent to junk folders, old addresses or a former representative are a frequent cause of refusals. Check ImmiAccount regularly, not just email.
Answering the document, not the issue
A request for evidence of living together, answered with one lease, may not deal with a period of living apart that prompted the request. Answer the concern.
Uploading the same evidence again
Updated evidence means evidence from the period since lodgement. Re-uploading the original bundle does not answer a request for current evidence.
Inconsistent explanations
Every explanation should be checked against the application form, the relationship statement, Form 80 and earlier applications. An inconsistency created by the response can cause more harm than the original gap. Our partner visa document checklist helps keep the evidence aligned.
Not disclosing a change in circumstances
If the relationship has ended, the couple have separated, or there has been family violence, that must be dealt with honestly. A change in circumstances should be notified, usually with Form 1022. Our articles on what happens if a Subclass 820 relationship breaks down and the family violence provisions for partner visas explain the options. An applicant who has experienced family violence should get advice before responding to any s56 request partner visa case officers have sent.
Not getting advice when the request is unusual
Where the request concerns Schedule 3, the section 48 bar or a previous refusal, the response may need legal submissions. Our pages on Schedule 3 waivers and on applying for a partner visa after a visa refusal explain why. Where a cancellation issue arises on an existing visa, see our visa cancellations page. A second opinion from an immigration lawyer before the response is lodged can prevent a mistake that is hard to correct later.
How My Migration Lawyers handles an s56 request partner visa matter
My Migration Lawyers handles an s56 request partner visa matter by reading the request against the whole file, identifying the concern behind each item, building a complete response with a cover letter, and lodging it within time through ImmiAccount.
We act in many partner visa matters at the section 56 stage, including requests that arrive years after lodgement, requests that cover the applicant, children and the sponsor in one letter, and requests that signal a deeper concern about the relationship or about integrity. We deal with complex cases, including those involving character issues, health concerns, previous refusals, Schedule 3 and family violence, and we are capable of handling them from the request through to the decision.
When we are instructed on an s56 request, partner visa clients can expect the following concrete steps:
- we obtain the full request and confirm the date of receipt and the date the response is due under the notification rules;
- we review the application as lodged, including the forms, relationship statement, Form 888 statements and attachments, so the response is consistent with the file;
- we turn the request into an item by item task list for the applicant and the sponsor, naming each person and each document;
- we identify the issue behind each item and advise whether an explanation or legal submission is needed in addition to documents;
- we review police certificates, Form 80 and identity documents for name, date and history errors before they are uploaded;
- we help the couple present their own account of the relationship and their own evidence across the four aspects, in the form the law requires;
- we prepare a cover letter that maps every item to its attachment and explains anything outstanding;
- we lodge the response in ImmiAccount and keep a record of what was provided and when; and
- where time is tight, we advise on and make any request for more time, and we treat any later s57 letter as a separate legal response.
Our Principal Lawyer, Weiwei Zhang, oversees partner visa matters at this stage. You can read more about My Migration Lawyers and our partner visa lawyers service. We act for clients across Australia, including through our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Readers comparing firms can see our guides to choosing the best partner visa lawyer in Australia, in Sydney and in Melbourne, and our article on when you need an immigration lawyer for a partner visa.
If you have received an s56 request, partner visa timing matters. Send us the letter as soon as it arrives so the time to respond is used well. Book a Consultation with My Migration Lawyers to have your s56 request partner visa response prepared properly the first time.
You can also call My Migration Lawyers on 1300 040 300.
Frequently Asked Questions
What is an s56 request for a partner visa?
An s56 request for a partner visa is a written invitation from the Department of Home Affairs, made under section 56 of the Migration Act 1958, to give further information before the application is decided. It usually lists the documents or explanations required, says who each item applies to, and states how and by when the response must be given. The case officer is not obliged to ask for information, so the request is an opportunity to fill a gap before a decision is made.
Does an s56 request mean my partner visa will be refused?
No. An s56 request is not a refusal and is not a finding against the applicant. Requests are common in partner visa processing, especially for police certificates, health examinations and updated relationship evidence. The request does show what the case officer considers missing or unclear. If that gap is not filled within the time stated in the letter, the officer can decide the application without it, and a refusal can follow.
How long do I have to respond to an s56 request partner visa letter?
The time is the period stated in the letter itself. It is short and strictly applied. It runs from the date the applicant is taken to have received the request under the notification rules in the Migration Act 1958, which for email is generally the time it is sent, not the time it is opened. Applicants should read the date in their own letter and start work on the day the request arrives.
What documents are usually asked for in an s56 request partner visa applicants receive?
The most common items are police certificates, health examinations, Form 80, Form 888 supporting statements, updated evidence of the relationship, identity documents, English translations, sponsor documents, and evidence about previous relationships or children. The request may name the primary applicant, secondary applicants or the sponsor for each item. Each item must be answered for each person named, in the form the letter asks for.
How do I upload my response to an s56 request in ImmiAccount?
Log in to ImmiAccount, open the application and attach each document to the correct person and the most appropriate document type. Name each file so the case officer can identify it without opening it. Attach a cover letter that lists each requested item and the file that answers it. If the letter asks for a separate confirmation, provide it exactly as instructed, and keep a record of the upload date and time.
Do I need a cover letter for my s56 request partner visa response?
A cover letter is not a legal requirement, but it is strongly recommended. It should repeat each item from the request in the same order, state which attachment answers it, and explain anything that is still outstanding and when it is expected. A clear cover letter makes it far less likely that an item is overlooked. It must be accurate, because a false or misleading statement can raise integrity concerns under PIC 4020.
What happens if I cannot get a police certificate in time?
The response should still be sent within the time, with every other item, and should include proof that the police certificate was applied for, the date of application and the expected date of issue. Where the delay is significant, a written request for more time should be made before the time ends. The Department is not obliged to agree, so evidence of the delay is important.
Can I send documents after the s56 deadline has passed?
Yes, information can be given at any time before the application is decided, and the decision maker must take it into account. However, once the time in the request has passed, the decision can be made on any day without further warning. Relying on late documents is therefore risky. Everything available should be sent within the time, with a clear explanation of anything that is still outstanding.
What happens if my response to an s56 request is incomplete?
The case officer can decide the application on the information already held. An item that is not provided is treated as not provided. A missing police certificate, health examination or updated relationship evidence can mean the officer cannot be satisfied that a criterion is met, and the partner visa can be refused on that basis. A complete response, answered item by item, avoids that risk.
What is the difference between an s56 request and an s57 letter?
An s56 request asks the applicant to provide further information. An s57 letter puts specific adverse information to the applicant for comment because the decision maker considers it would be the reason, or part of the reason, for refusing the visa. An s57 letter usually concerns credibility, integrity or eligibility and generally needs a written legal response. Department guidance states a section 56 request cannot be used to put PIC 4020 information to an applicant.
Will an s56 request partner visa case officers send also go to my sponsor?
Sometimes, yes. Some items are addressed to the sponsor, such as the sponsor's police certificates or evidence of the sponsor's status. Policy states that a request for sponsor police checks under regulation 1.20KC(5) of the Migration Regulations 1994 should be made to the sponsor. Sponsors should check their own email and ImmiAccount and provide anything requested of them within the time stated.
Do I need new health examinations for an s56 request at the permanent stage?
Usually not. Policy states that applicants who received a health clearance at the temporary stage are not ordinarily required to have further health checks at the permanent stage. Further examinations may be requested where there are concerns about non-disclosure or fraud, where the applicant's health has changed, or where the temporary visa ceased some time before the permanent assessment began. A child added after the temporary visa will usually need examinations.
Should I send an updated relationship statement with my s56 response?
Yes, where the request asks for updated relationship evidence or an explanation of the relationship since lodgement. It should be one relationship statement covering the financial aspects, the nature of the household, the social aspects and the couple's commitment to each other. It must be consistent with the original statement, the application forms and the Form 888 statements, and it should state any change in circumstances honestly.
What if our relationship has changed since the s56 request arrived?
The change must be dealt with honestly. A change in circumstances should be notified to the Department, usually with Form 1022, and the response should not describe the relationship in a way that is no longer true. Where the couple have separated, there may still be options, including the family violence provisions in some cases. Advice should be obtained before the response is lodged.
Can the Department ask for an interview instead of documents?
Yes. Section 58 of the Migration Act 1958 allows the invitation to require the information to be given in writing, at an interview or by telephone. Where an interview is required, the invitation must state the date, time and place. Partner visa interviews are less common than written requests, but where one is scheduled the applicant should prepare carefully and make sure their answers are consistent with the file.
Should I get a lawyer to respond to an s56 request partner visa letter?
A lawyer is not legally required, but advice is valuable where the request is broad, where it suggests a concern about the relationship or integrity, where there is a character or health issue, or where time is short. A lawyer can identify the concern behind each item, check the response for inconsistencies with the file and prepare a cover letter and any submissions needed so the response is complete the first time.
























