Key Takeaways
- A partner visa s57 letter is a written invitation from the Department of Home Affairs to comment on adverse information that it says would be the reason, or part of the reason, for refusing the partner visa. The information most often comes from the couple's own earlier records, from third parties or from the Department's own checks.
- The most common examples of adverse information are inconsistent statements, anonymous tip-offs, earlier relationships and sponsorships, address and cohabitation checks, earlier visa applications, social media, overseas document verification and conflicting employment or financial records.
- Each kind of adverse information is answered differently. The answer must deal with the exact particulars in the letter and the legal test the information goes to, usually whether the relationship is genuine and continuing, or whether a public interest criterion is met.
- Section 57 does not cover information the applicant gave for the application, information that is only about a class of persons, or non-disclosable information. The Department may still rely on that material.
- The response time is short and strictly applied. If no comment is given, the Department can decide the application on the information it holds, and that usually means refusal.
What is a partner visa s57 letter?
A partner visa s57 letter is a formal invitation from the Department of Home Affairs, issued under section 57 of the Migration Act 1958, asking a partner visa applicant to comment on adverse information before the Department decides the application. The letter is sometimes called a natural justice letter or a procedural fairness letter. A partner visa s57 letter is not a routine request for documents. It is a warning that the Department holds information that it currently considers would be the reason, or part of the reason, for refusing the visa.
This article sets out the kinds of adverse information that appear most often in a partner visa s57 letter, and how each kind is answered. For the general response process, including how to plan and structure the reply, read our separate guide on how to respond to a section 57 natural justice letter on a partner visa. For an overview of every stage of the partner visa process, see our complete partner visa guide.
The examples matter because applicants usually misread the letter. Many couples assume the Department has simply doubted the relationship in general terms. In practice, a partner visa s57 letter is built from specific pieces of information. Each piece has a source, a date and a reason it is said to be relevant. A response that answers the general doubt but ignores the specific particulars leaves the adverse information unanswered.
The three conditions in section 57(1)
Section 57(1) defines "relevant information" as information that the decision maker considers would be the reason, or a part of the reason, for refusing to grant the visa; that is specifically about the applicant or another person and is not just about a class of persons of which the applicant or other person is a member; and that was not given by the applicant for the purpose of the application. All three conditions must be met before the obligation to invite comment arises. Non-disclosable information, as defined in section 5(1) of the Act, is excluded.
The "another person" limb is important in partner matters. Information about the sponsor, a former partner or a family member can be relevant information. That is why a partner visa s57 letter often refers to things the visa applicant did not know about, such as the sponsor's previous sponsorship history or a statement made by the sponsor's former spouse.
What the Department must do when it sends the letter
Section 57(2) requires the decision maker to give particulars of the relevant information to the applicant in the way the decision maker considers appropriate. The decision maker must ensure, as far as is reasonably practicable, that the applicant understands why the information is relevant to the application. The applicant must be invited to comment on it. Section 58 then sets out how the comments are to be given: in writing, at an interview or by telephone. Departmental policy confirms that the invitation must state the manner of response and the period for responding.
A partner visa s57 letter therefore has a predictable shape. It identifies the information, explains which visa criterion it affects, and invites comment by a stated time. Reading those three parts carefully is the first step in every response. The applicant should identify which criterion the information goes to, because the same fact can matter to more than one criterion. A false address on a form, for example, can go both to whether the couple live together and to public interest criterion 4020, which deals with false or misleading information.
What a partner visa s57 letter does not cover
A partner visa s57 letter does not have to include every piece of information the Department relies on, because section 57 has clear limits. Applicants who expect to see every concern spelt out in the letter are often surprised by the reasons in a later refusal.
The first limit is information given by the applicant for the purpose of the application. If the applicant's own relationship statement, forms or interview answers contain a weakness, section 57 does not require the Department to put that weakness back to the applicant for comment. This is the single biggest reason why careful preparation at lodgement matters. Our guides on the partner visa relationship statement and partner visa relationship evidence explain how the application itself should be prepared.
The second limit is information that is only about a class of persons. General information about document fraud in a region, or about patterns of non-genuine marriages, is not specific to the applicant. It may inform the Department's approach without being put to the applicant under section 57.
The third limit is non-disclosable information. Departmental policy states that where information is non-disclosable, the officer must not provide the whole of it or details of its source, and may instead give a summary. This is why a partner visa s57 letter about a tip-off rarely names the person who made it.
How a partner visa s57 letter differs from a section 56 request
A section 56 request asks for further information. A partner visa s57 letter asks for comment on adverse information. The two are often confused because both arrive through ImmiAccount and both carry a response period. Our guide to the section 56 request for more information explains that process. The practical difference is that a section 56 request usually signals a gap, while a section 57 letter signals that the Department has already formed a provisional adverse view.
Offshore partner applications
Subsection 57(3) limits the applications to which section 57 applies, by reference to whether the visa can be granted while the applicant is in Australia and whether merits review is available. Applicants for a Subclass 309 partner visa or a Subclass 300 Prospective Marriage visa should not assume their position is identical to that of an onshore Subclass 820 applicant. Whatever label the letter carries, an invitation to comment on adverse information must be treated as a final opportunity before decision.
How long is there to answer a partner visa s57 letter?
The time to answer a partner visa s57 letter is short and strictly applied. The period is set by the letter itself, by reference to section 58 of the Act and regulation 2.15 of the Migration Regulations 1994. It runs from the date the letter is taken to have been received, not from the date the applicant reads it. Every partner visa s57 letter should be acted on the day it arrives.
Section 58 allows the decision maker to give additional time in some circumstances. That is not something to rely on. An extension request must be made promptly and supported by reasons. Our article on the Subclass 820 visa refusals explains how often refusals follow a missed or thin response.
Section 63 of the Act provides that, once comment has been invited, the visa cannot be refused before the applicant gives the comments, says that they do not wish to comment, or the response period ends. Once the period ends, the Department may decide the application. For that reason, a partner visa s57 letter should be treated as urgent legal work, not as an administrative task to complete on the last day. Applicants who need help quickly can read our note on urgent immigration lawyer advice.
Example 1: Inconsistent statements between the partners, forms and interviews
Inconsistent statements are the most common adverse information in a partner visa s57 letter. The Department compares what the applicant said with what the sponsor said, and compares both with earlier forms, Form 888 statements and interview answers.
Typical inconsistencies include different dates for when the couple met, when they began living together, or when they decided to marry. Others include different accounts of a first meeting, different descriptions of a home, a wedding guest list that does not match the photographs, or one partner not knowing basic facts about the other's family or work. Interview answers are a frequent source, particularly where the partners were interviewed separately.
Is a minor inconsistency enough to refuse a partner visa?
No. A minor inconsistency on its own is not usually decisive. The Department must consider all the circumstances of the relationship, including the four aspects listed in regulation 1.15A(3) for married couples and regulation 1.09A(3) for de facto couples: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. The danger arises when inconsistencies accumulate, or when they touch the core of the relationship history, such as when the relationship began.
How inconsistent statements are answered
A response to a partner visa s57 letter about inconsistent statements does three things. It identifies each inconsistency exactly as the letter states it. It explains, with evidence, why the inconsistency arose. It then shows which version is correct by reference to documents created at the time.
Honest explanations are common. Couples count the start of a relationship from different events. Dates are recalled differently years later. Interpreters sometimes translate approximate answers as exact ones. A sponsor who did not prepare the forms may not know what was written in them. These explanations carry weight only when they are supported. Flight records, tenancy documents, message history with dates and photographs with metadata are more persuasive than a new statement that simply repeats the preferred version.
What applicants commonly get wrong is to answer an inconsistency by changing the story again. A third version of events makes the problem worse. The goal is to show the true chronology, accept any genuine error plainly, and anchor it in records. Where the de facto period is in issue, our guide on the Subclass 820 de facto 12-month requirement explains why the start date matters.
Inconsistencies in Form 888 statements
Witness statements can also create inconsistency. A Form 888 witness may give a different date for a wedding, describe the couple living at an address they had left, or claim to have known the couple for longer than the relationship has existed. When this appears in a partner visa s57 letter, the witness may need to give a further statement explaining the error. Our guides on who can make a Form 888 and Form 888 example answers and common mistakes explain how these statements should be prepared in the first place.
Example 2: Anonymous tip-offs and allegations from former partners or family
Third party allegations, often called dob-ins, are a frequent trigger for a partner visa s57 letter. Departmental policy on the assessment of de facto relationships expressly lists "any adverse information (dob-in) by third parties" among the information a delegate may consider when deciding whether a relationship is genuine and continuing.
The source is usually a former partner of the sponsor or the applicant, an estranged family member, a former friend or someone in the couple's community. Allegations commonly claim that the marriage is arranged for a visa, that money was paid, that the couple do not live together, that one partner remains in another relationship, or that the relationship has ended since lodgement.
Does the Department have to say who made the allegation?
No. The Department does not have to identify the source of a tip-off. Where information is non-disclosable, departmental policy directs officers not to disclose its source and to give a summary instead. A partner visa s57 letter about a tip-off will usually describe the substance of the allegation without names.
How tip-offs are answered
An allegation is not evidence of the fact alleged. The Department must weigh it against everything else. A response to a partner visa s57 letter about a tip-off should therefore address the substance of the allegation directly and test its reliability without speculating about who made it.
Useful steps include showing that the specific claim is false by documents; showing that the allegation is inconsistent with the objective record; and, where the couple genuinely know of a person with a motive to make false claims, such as a former partner in a family law dispute, setting out that context with evidence of the dispute. Accusing a named person without evidence rarely helps and can damage credibility.
Where the allegation is that the relationship has ended, the response must show that it is continuing at the time of the response, because a partner visa is decided on the circumstances at the time of decision. Where a relationship has in fact broken down, different rules apply. Our guide to Subclass 820 relationship breakdown explains the position, and the partner visa family violence page explains the family violence provisions where they apply.
Allegations sometimes come from a person the applicant has reported for violence or abuse. In that situation, the response must deal with the allegation carefully and safely, and legal advice should be obtained before anything is lodged.
Example 3: Previous relationships, previous sponsorships and the sponsor's partner visa history
A partner visa s57 letter often raises the relationship history of the applicant or the sponsor. This is information the Department holds in its own systems, so it does not depend on anyone making an allegation. It is also an area where the applicant may genuinely not know the full facts about the sponsor.
Earlier relationships that may not have ended
A de facto relationship under section 5CB of the Act requires the couple to have a mutual commitment to a shared life to the exclusion of all others. Departmental policy states that the onus is on the applicant to show the relationship is mutually exclusive and that earlier relationships have ended. A married couple must likewise show a valid marriage under section 5F. If the Department's records show an earlier marriage with no divorce, an earlier partner sponsorship lodged recently, or an earlier partner still living at the couple's address, a partner visa s57 letter will usually follow.
The answer depends on the facts. A divorce order, a separation date supported by records, or evidence that a former spouse lives elsewhere will often deal with the issue. Departmental policy recognises that couples who share a child with a former partner will usually remain in regular contact about that child, and that some people cannot obtain a divorce because of the law of the country where they married. Where that applies, the response explains it and supplies the evidence of reasonable efforts to end the earlier marriage. Readers in a de facto relationship can read our de facto partner visa guide for the underlying test.
The sponsor's previous sponsorships
Regulation 1.20J limits sponsorship. In summary, a person may enter into no more than two approved partner or Prospective Marriage sponsorships. A person who has sponsored a partner cannot have another sponsorship approved until at least five years after the first visa application was made. A person who was themselves sponsored as a partner cannot sponsor a partner until at least five years after their own visa application was made. Regulation 1.20J(2) allows these limits to be waived in compelling circumstances affecting the sponsor.
When the Department finds that the sponsor's history engages regulation 1.20J, the partner visa s57 letter usually identifies the earlier sponsorship or the sponsor's own earlier partner visa. The response must deal with whether the earlier sponsorship actually counts, how the five-year period is calculated, and whether compelling circumstances exist. Policy confirms, for example, that a sponsorship counts only if it led to the grant of a visa. Our pages on partner visa sponsorship limitations and the supporting article on sponsorship limitation rules explain these rules in more detail.
What applicants commonly get wrong is to assume that an earlier refused sponsorship counts, or that an earlier sponsorship does not count because the relationship ended quickly. The answer depends on what was granted and when the earlier visa application was made.
Sponsorship assessment and information about the sponsor
Some adverse information about the sponsor cannot be fully disclosed to the visa applicant. Departmental policy on sponsorship assessment states that where a sponsorship has been refused, that refusal is relevant information that must be disclosed to the applicant for comment, but details of a sponsor's convictions are handled separately. If a partner visa s57 letter refers to a sponsorship problem, the sponsor usually needs separate advice. Our article on the s57 natural justice letter for a partner visa explains how sponsorship refusal letters are handled.
Example 4: Address checks, site visits and different addresses on records
Living arrangements are central to the nature of the household, one of the four aspects of a partner relationship. A partner visa s57 letter commonly raises addresses that do not match. The information may come from the couple's own earlier forms, from records the Department holds, or from a home visit.
Typical examples include an address on a driving licence, bank statement or tax record that differs from the claimed shared home; one partner being registered at a parent's address; a residential tenancy agreement that names only one partner; or a home visit at which only one partner was present, or at which the home did not appear to be shared.
Are separate addresses fatal to a partner visa?
No. Separate addresses for a period are not fatal on their own. Couples live apart for work, study, family care, visa reasons or cultural reasons. Departmental policy on married relationships recognises that physical separation for work or other reasons does not necessarily mean that the parties have separated. The problem arises when the separation is not explained, or when the explanation in the response contradicts what was said in the application.
How address information is answered
The response to a partner visa s57 letter on this issue explains each address shown in the letter. It explains why a record shows a different address. Many records are never updated after a move. Many couples keep mail at a parent's address. Some landlords refuse to add a second name to a lease. The explanation must then be supported by evidence that the couple did in fact live together during the relevant period: shared bills, mail to both partners at the shared address, joint banking, statements from the landlord or housemates, and photographs inside the home.
Where a site visit found only one partner at home, the response explains where the other partner was at that time and supplies records showing it, such as rosters, travel records or medical appointments. A site visit result that is not answered with specific evidence is often treated by decision makers as strong adverse information.
What applicants commonly get wrong is to update addresses after receiving the letter and then rely on the updated records. Records changed after the partner visa s57 letter arrived do not show where the couple lived earlier. They can also raise new questions about why they were changed. Our partner visa document checklist and 820 partner visa evidence checklist explain which household records carry weight.
Changes of address after lodgement
Applicants are required to notify the Department of changes in circumstances, including changes of address. If the couple moved and did not tell the Department, the site visit may have gone to the wrong home. That is a separate issue to fix as part of the response. Our guide on Form 1022 notification of changes in circumstances explains when and how changes must be notified.
Example 5: Information from previous visa applications
The Department compares the partner visa application with every earlier application the applicant has made. Visitor, student, working holiday and skilled applications, and Form 80 personal particulars forms, are all part of the applicant's immigration history. A partner visa s57 letter frequently quotes from them.
Common examples include an earlier visitor visa application that declared the applicant was single at a date when the partner visa application claims a relationship had begun; an earlier student application that listed a different spouse; an employment history in a Form 80 that conflicts with the partner visa forms; or an earlier application declaring different travel, different family members or a different name.
Why earlier applications matter so much
Earlier applications matter for two reasons. First, they go to credibility and to the chronology of the relationship. Second, they can engage public interest criterion 4020. PIC 4020 deals with bogus documents and information that is false or misleading in a material particular. Departmental policy on PIC 4020 states that an inconsistency between a current application and a previous application may reveal false or misleading information that was not apparent when the earlier application was decided. Examples given in that policy include declared health issues and previous convictions.
Information about an earlier application is not information the applicant gave "for the purpose of" the current partner visa application. That is why it can appear in a partner visa s57 letter. Policy on PIC 4020 also confirms that where a PIC 4020 concern is raised, the information that would be the reason for refusal must be put to the applicant for comment.
How earlier application information is answered
A response to a partner visa s57 letter that quotes an earlier application first establishes exactly what was declared, when, and by whom. Many earlier applications were prepared by education agents, travel agents or relatives. That does not remove the applicant's responsibility, but it may explain how an error occurred. The response then deals with which statement was true at the time, and why.
If an earlier declaration was wrong, the response must say so plainly. A relationship may have started earlier than declared on a visitor visa because the applicant feared refusal. That is a serious matter, because it may engage PIC 4020 for the earlier or current application. It needs careful legal advice before any comment is given. Our guide to the Form 80 explains the personal particulars form. Applicants who moved from a visitor visa to a partner visa may also find our guide on the tourist visa to partner visa pathway useful, along with our guide to the Schedule 3 criteria for a partner visa.
What applicants commonly get wrong is to answer an earlier false declaration by denying it was made. The Department holds the earlier application. A denial that the record contradicts is likely to be treated as a further false statement.
Biometric matches and identity information
Departmental policy on PIC 4020 also describes biometric matches. Where an applicant's facial image or fingerprints match another client record with different biographical details and immigration history, the decision maker must investigate and then put the conflicting information to the applicant for comment. This kind of partner visa s57 letter is about identity, not the relationship. It must be answered with identity evidence and a clear explanation of any earlier identity used.
Example 6: Social media and online information
Social media is a growing source of adverse information in a partner visa s57 letter. Profiles, photographs, relationship statuses, check-ins and public posts can all be found by an officer, or supplied by a third party. Because this material is not given by the applicant for the application, it can be relevant information under section 57 if the decision maker relies on it.
Typical examples include a relationship status showing "single" during the claimed relationship; photographs with another partner; a dating profile that remained active after the relationship began; posts placing one partner in another city when the couple claimed to live together; or the complete absence of the other partner from a very active public profile.
Does a "single" status on social media mean the relationship is not genuine?
No. A relationship status on social media is not conclusive. Many people never update their profiles. Some keep relationships private for family, cultural or safety reasons. The Department must weigh online information against all the evidence about the four aspects of the relationship. However, an unexplained online record that directly contradicts the claimed relationship will be given weight if it is not answered.
How social media information is answered
The response to a partner visa s57 letter about social media explains the context of each post or status. It may show that a dating profile was dormant and not used, with evidence of when it was last active. It may show that a photograph with another person was taken before the relationship began. It may show that a couple kept their relationship off public platforms because a family did not yet know about it, supported by evidence of when and how the family later found out.
What applicants commonly get wrong is to delete accounts or posts after receiving the letter. Deleting content does not remove the Department's record of it. It can also suggest that there was something to hide. The safer course is to preserve the material and explain it. The same applies to private messages, which are often the best evidence of a continuing relationship over time.
Social media used in the couple's favour
Online evidence can also answer adverse information. Message histories, shared photographs over years, joint event invitations and comments from friends and family are part of the social aspects of a relationship. Our guide on preparing evidence of a genuine relationship explains how this material should be selected and presented.
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Example 7: Overseas records, marriage registration and document verification results
Documents issued overseas are often checked. Departmental policy on PIC 4020 lists the checks a decision maker may carry out, including referral to overseas posts, referral to the Department's document examination unit, referral to issuing authorities to verify the content and format of documents, biometric checks and referral to other agencies. When a check returns an adverse result, a partner visa s57 letter follows.
Typical examples include a marriage certificate that the issuing registry cannot find; a certificate with a registration number that belongs to another marriage; a divorce certificate that the issuing court does not hold; a birth certificate in a format the issuing authority says it did not use; or a police certificate that appears to have been altered.
Marriage recognition issues
Some letters do not suggest fraud at all. They raise whether a marriage is valid for Australian law. Departmental policy on married relationships deals with foreign marriages, proxy marriages, arranged marriages, prohibited degrees of relationship and the recognition of foreign divorces under section 104 of the Family Law Act 1975. Where an earlier divorce was obtained during a short visit to another country, or was granted only under customary or religious practice, its validity may be questioned. If the earlier divorce is not recognised, the later marriage may not be valid. In that situation the response may need to show that the couple also meet the de facto test, because a couple who are not validly married may still be in a de facto relationship.
How document verification results are answered
The response to a partner visa s57 letter on a document verification result must deal with the document itself. It should explain where and how the document was obtained, who obtained it, and what the applicant knew. It should then supply independent evidence: a fresh certificate obtained directly from the registry, a letter from the issuing authority, a lawyer's letter from the country of issue explaining a registration practice, or evidence that a registry's records are incomplete.
Where a document was obtained through an intermediary and the applicant had no reason to doubt it, that matters. Policy on PIC 4020 focuses on whether a document is bogus or information is false or misleading in a material particular, and policy also allows a waiver in limited circumstances. Even so, a bogus document finding has serious consequences, so the response must be prepared with care. Our guide on why partner visas get refused explains how PIC 4020 refusals arise.
What applicants commonly get wrong is to send a second copy of the same document. If the registry says it did not issue the document, a second copy of it does not answer the concern. Fresh evidence from the source is needed.
Example 8: Employment and financial records that conflict
Financial aspects are one of the four aspects of a partner relationship. A partner visa s57 letter often raises financial and employment information that does not match the application. The Department may hold tax, employment or payment information from its own systems or from other agencies, or may have obtained it through employer checks.
Typical examples include a claim that the couple share expenses when bank records show no transfers between them; an employer reference that the employer says it did not write; payslips that do not match tax records; an applicant claiming to have worked in a role while holding a visa with work restrictions; or one partner listing the other as a dependant on one form and not another.
How financial and employment information is answered
The response to a partner visa s57 letter about finances first separates two questions. The first question is whether the information affects the genuineness of the relationship. The second is whether it suggests false or misleading information was given. The answer to each is different.
On genuineness, couples manage money in many ways. Some keep finances separate for cultural or practical reasons. Some pay shared costs in cash. Some have one partner who pays rent and another who pays groceries. The response explains how the couple actually share responsibility and supplies records that show it, such as receipts, shared bills, money transfer records and evidence of joint purchases.
On employment records, if an employer reference is disputed, the response must deal directly with whether the applicant worked there. Tax records, superannuation statements, bank deposits of wages and statements from co-workers carry more weight than a further reference. If the applicant breached a work condition on an earlier visa, that can raise separate issues that need advice before any comment is made. Our guide on Subclass 820 work rights on a bridging visa and our overview of bridging visas in Australia explain the work conditions that commonly apply.
What happens if a partner visa s57 letter is not answered?
If a partner visa s57 letter is not answered within the period stated, the Department can decide the application on the information it holds. In practice, that information includes the adverse material the letter described, so a refusal usually follows. Section 63 means the Department can decide once the period ends, even if the applicant intended to respond later.
Section 55 allows an applicant to give further information before a decision is made. That provision is not a safe substitute for a response within time, because the decision may be made at any point once the period ends. A response that arrives after a refusal will not be considered by the Department at all.
If a refusal follows, the applicant may have a right of merits review in the Administrative Review Tribunal. The review deadline is short and strictly applied, and it runs from the date the decision is notified. Applicants who receive a refusal should act immediately. Our guides on partner visa refusal appeal options, what to expect at the ART and the partner visa refusals service page explain the next steps. Where a decision involves a legal error, judicial review may also need to be considered.
Applicants should also remember that a refused onshore applicant may be affected by the section 48 bar and by their bridging visa position. Our guides on applying for a partner visa after a visa refusal and on Bridging visa A explain those consequences. A refusal of a partner visa is far harder to fix than a partner visa s57 letter. The letter is the earlier and better moment to deal with the problem.
What the Tribunal has remitted where adverse information was in issue
The Administrative Review Tribunal, and the Administrative Appeals Tribunal before it, has remitted partner visa matters where adverse information was part of the case. The following decisions are recorded as remitted, and the issues listed below are those reported for each decision. They are not a prediction of how any other matter will be decided.
- KAUR (Migration) [2019] AATA 3936, Subclass 820: genuine spousal relationship; seven years of cohabitation; benefit of oral evidence from the applicant and sponsor separately; anonymous allegations.
- 2008553 (Migration) [2024] AATA 2749, Subclass 309: genuine spousal relationship; limited knowledge of the partner's personal circumstances; evidence of events after the visa application; allegations made by an anonymous source.
- Ahmed (Migration) [2023] AATA 3761, Subclass 309: genuine and continuing relationship; validly married; pooling of finances while living in different countries; adverse and inconsistent information about previous relationships.
- Lakhwinder Singh (Migration) [2026] ARTA 1558, Subclass 820: validly married; spouse of an Australian citizen sponsor; unsubstantiated allegations of a fake marriage; joint bank account.
- 1707512 (Migration) [2018] AATA 5003, Subclass 820: insufficient evidence of the relationship; the applicant's conflicting evidence about the relationship; adverse information; sham marriage claims.
The common thread in these reported issues is that adverse information, including anonymous allegations and inconsistencies, was weighed against the whole of the evidence about the relationship. That is the same exercise a response to a partner visa s57 letter must invite the Department to carry out before any refusal is made. It is far better to win that argument at the Department than to need the Tribunal.
How to read your partner visa s57 letter before responding
Every partner visa s57 letter should be read in a disciplined order before anything is written. The order below reflects the examples in this article.
First, list each separate item of adverse information. A single letter can raise inconsistent dates, a tip-off and an address issue together. Each needs its own answer. Second, identify the source category for each item: the couple's own earlier records, a third party, a Departmental check, an earlier application, an online record or an overseas authority. The source shows what evidence will answer it. Third, identify the criterion. Most items go to whether the relationship is genuine and continuing. Some go to PIC 4020, regulation 1.20J, Schedule 3 or the validity of a marriage. Fourth, note the response period and the manner of response stated under section 58.
Our guide on the Schedule 3 partner visa waiver and the Schedule 3 waivers page deal with letters that raise Schedule 3 rather than the relationship. Where the applicant's representative is changing, the Form 956 and 956A guide explains how authorised recipient details are updated, which matters because the letter is sent to the authorised recipient.
What applicants commonly get wrong at this stage is to answer the letter as if it raised a single issue. A partner visa s57 letter that lists four items and receives an answer to three is treated as having one item unanswered.
How My Migration Lawyers handles a partner visa s57 letter
My Migration Lawyers acts on partner visa s57 letter matters across Australia, including complex matters where several kinds of adverse information arise together. The firm deals regularly with letters that raise anonymous allegations, inconsistent interview evidence, earlier visa declarations, address checks, sponsorship limitations and document verification results. The work is led by Weiwei Zhang, Principal Lawyer.
When a client sends us a partner visa s57 letter, we first secure the timeline and confirm the response period and the manner of response. We then break the letter down into each separate item of adverse information and identify the source category and the legal criterion for each one. Where the letter quotes an earlier application or record the client does not hold, we consider whether a request for the file is needed and how that fits within the response period.
We then take instructions from the applicant and, where appropriate, from the sponsor separately, so that each partner's account is recorded accurately in their own words. We identify the contemporaneous records that answer each item, and we advise which Form 888 witnesses or other third parties can properly speak to the facts. Where an item engages PIC 4020 or a sponsorship limitation, we advise on the legal consequences before any comment is given. The response is then prepared as a structured legal submission that answers each particular in the order the letter raised it, with the evidence indexed to each point. The firm presents the client's own account and evidence in the form the law requires. It does not change that account.
My Migration Lawyers also prepares the client for what may follow, including a further interview, a further request or a decision. If a refusal follows, the firm advises immediately on review options while the deadline can still be met. You can read more about My Migration Lawyers, our partner visa lawyers service, and our visa refusals and visa cancellations practice. For a broader view of what a lawyer adds, see hiring an immigration lawyer after lodgement, getting an immigration lawyer second opinion, partner visa lawyer or DIY and our guide to choosing an immigration lawyer for a partner visa.
The firm acts for clients by video across the country, including through our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, Canberra, the Gold Coast, Hobart and Parramatta. Readers comparing firms can also see our notes on the best partner visa lawyer in Australia, in Sydney and in Melbourne.
If you have received a partner visa s57 letter, do not wait until the end of the response period. Book a Consultation with My Migration Lawyers and send the letter with your request so it can be reviewed promptly. You can also call My Migration Lawyers on 1300 040 300.
Frequently Asked Questions
What is a partner visa s57 letter?
A partner visa s57 letter is a written invitation from the Department of Home Affairs, issued under section 57 of the Migration Act 1958, to comment on adverse information before the partner visa is decided. The Department sends it when it holds information that it considers would be the reason, or part of the reason, for refusing the visa. The letter must give particulars of the information, explain why it is relevant and state how and when to respond.
What kind of adverse information appears in a partner visa s57 letter?
The most common adverse information is inconsistent statements between the partners or across forms and interviews. Other frequent examples are anonymous allegations, earlier relationships or sponsorships, address checks and home visits, declarations in earlier visa applications, social media material, overseas document verification results and conflicting employment or financial records. Each kind of information comes from a different source and needs a different kind of evidence in response.
Will the Department tell me who made an allegation against my relationship?
No. The Department does not have to identify who made an allegation. Where information is non-disclosable information under the Migration Act, departmental policy directs officers not to reveal its source and to give a summary of its substance instead. The response should therefore answer the substance of the allegation with evidence, rather than guessing who made it or accusing a person without proof.
Does a partner visa s57 letter mean my visa will be refused?
No. A partner visa s57 letter means the Department has formed a provisional adverse view and is giving the applicant a chance to answer it. The Department must consider the comments before deciding. A clear response that deals with each item of adverse information, supported by records created at the time, can change the assessment. An inadequate response, or no response, usually leads to refusal.
Can the Department refuse my partner visa using information it never put to me?
Yes, in some cases. Section 57 does not require the Department to invite comment on information the applicant gave for the application, information that is only about a class of persons, or non-disclosable information. Weaknesses in the applicant's own statements and forms can therefore be relied on without a partner visa s57 letter. That is why the application itself must be prepared carefully from the start.
How long do I have to respond to a partner visa s57 letter?
The response time is short and strictly applied. The period is stated in the letter and is set by reference to section 58 of the Migration Act and regulation 2.15 of the Migration Regulations. It runs from the date the letter is taken to have been received, not from when it is read. The safest course is to start work on the response on the day the letter arrives.
What happens if I do not respond to a partner visa s57 letter?
If there is no response within the period, the Department may decide the application on the information it already holds. That information includes the adverse material described in the letter, so refusal is the usual result. Section 63 allows the decision to be made once the period ends. A response sent after the visa has been refused will not be considered by the Department.
My partner and I gave different dates in our interviews. How is that answered?
Different dates are answered by showing which date is correct and why the other was given. The response identifies each inconsistency exactly as the letter states it, explains how it arose and supports the true chronology with records made at the time, such as travel records, messages and tenancy documents. Giving a third new version of events usually makes the inconsistency worse rather than resolving it.
Can my sponsor's previous partner sponsorship be raised in a partner visa s57 letter?
Yes. Information about the sponsor is information about another person, so it can be relevant information under section 57. Regulation 1.20J limits how many partner sponsorships a person can enter into and imposes five-year waiting periods. The limits can be waived in compelling circumstances. The response must deal with whether the earlier sponsorship counts, how the period is calculated and whether compelling circumstances exist.
We have lived at different addresses on official records. Is that a problem?
It can be, but different addresses on records are not fatal on their own. Many records are never updated, and couples sometimes keep mail at a relative's address or cannot add a second name to a lease. The response must explain each address the letter identifies and show, with shared bills, mail and other household records, that the couple actually lived together during the relevant period.
Can the Department use my old visitor or student visa application against me?
Yes. Earlier applications are part of the applicant's immigration history, and the Department compares them with the partner visa application. A declaration of being single, a different spouse or a different work history can appear in a partner visa s57 letter. Where an earlier declaration was false, public interest criterion 4020 may be engaged, so legal advice is needed before any comment is given.
Can social media posts be used as adverse information on a partner visa?
Yes. Social media posts, relationship statuses, photographs and dating profiles can be used as adverse information if the decision maker relies on them. They are not conclusive, because many people never update profiles or keep relationships private. The response should explain each item in context with evidence. Deleting posts after receiving the letter does not remove the Department's record and can harm credibility.
What if the registry says my marriage certificate does not exist?
A verification result of that kind must be answered with fresh evidence from the source. The response should explain how and by whom the certificate was obtained and provide a new certificate obtained directly from the registry, a letter from the issuing authority or other independent evidence. Sending another copy of the same certificate does not answer the concern, and a bogus document finding has serious consequences under PIC 4020.
Is a partner visa s57 letter the same as a section 56 request?
No. A section 56 request invites the applicant to provide further information. A partner visa s57 letter invites comment on adverse information the Department already holds and considers would be a reason for refusal. Both arrive with a response period and both should be answered in time, but a section 57 letter signals that the Department has already formed a provisional adverse view of part of the application.
Should the sponsor respond to a partner visa s57 letter as well?
Often, yes. Much of the adverse information in a partner visa s57 letter concerns the relationship, and the sponsor's evidence is central to it. A clear statement from the sponsor addressing the particular items, together with supporting records, usually strengthens the response. Where the letter concerns the sponsor's own history or a sponsorship problem, the sponsor may also need separate advice about their position.
Can I get more time to answer a partner visa s57 letter?
Sometimes. Section 58 of the Migration Act allows the decision maker to give additional time to respond in some circumstances. An extension is not automatic and should not be assumed. Any request must be made promptly, before the period ends, and should explain why more time is genuinely needed, such as waiting for an overseas registry. Work on the response should continue while the request is considered.

























