Will the Department Contact My Family or Friends About My Partner Visa?
Key points
- The Department may contact Form 888 witnesses to verify their supporting statements.
- Under section 57 of the Migration Act, adverse information about the applicant or another person that would be the reason, or part of the reason, for refusal must generally be put to the applicant for comment.
- Section 56 allows, but does not require, the Department to request further information.
- Giving false or misleading information can engage PIC 4020.
Who is the Department most likely to contact about a partner visa?
The Department is most likely to contact the people who completed Form 888 supporting statements, because those witnesses have put their names to statements about the relationship. A case officer may call or email a witness to confirm that they wrote the statement and to ask how they know the couple. Our article on Form 888 witness statements explains what witnesses should expect. Witnesses should be told before they sign that the Department may contact them, so a call from a case officer does not come as a surprise.
Why would the Department contact family or friends?
The Department contacts family or friends to check that the evidence is genuine and that the relationship is as the couple describe it. Contact is more likely where statements look similar, where details conflict, or where the Department has other information that raises doubts. Our article on conflicting statements explains how inconsistencies trigger further checks, and the Department may also arrange an interview with the couple, as our guide to partner visa interview questions explains.
Will the Department contact family who do not know about our relationship?
The Department does not usually seek out family members who have no part in the application, but it may make inquiries where the evidence points to them. Couples who have kept the relationship from a family for cultural, religious or safety reasons should explain this in the application, so the Department understands the position before making any contact. Our article on a secret relationship covers how to present this safely and honestly. Where there is a safety concern, the couple should say so plainly, so that the Department can take it into account when deciding how to make any inquiries.
What happens if a family member or friend says something negative?
If a family member or friend gives the Department information that would be a reason, or part of a reason, for refusing the partner visa, section 57 requires the Department to put that information to the applicant and invite comment before deciding. The applicant then has a short deadline to respond. Our articles on section 57 adverse information and the section 57 natural justice letter explain how to answer.
How should Form 888 witnesses prepare for contact?
Form 888 witnesses should prepare for contact by keeping a copy of their statement and answering any questions honestly from their own knowledge. They should not be coached on what to say, because rehearsed answers often sound rehearsed. A witness who does not know a detail should say so rather than guess, since a confident wrong answer causes more concern than an honest gap. Witnesses should also tell the couple if the Department contacts them, so the couple can check whether anything needs to be clarified.
How does My Migration Lawyers prepare couples and witnesses for Department contact?
My Migration Lawyers prepares couples and witnesses for Department contact by making sure every witness is eligible, knows the couple and has written a statement that matches the rest of the evidence before lodgement. Where the Department has contacted someone or raised adverse information, the firm assesses what was said and prepares a response that deals with it directly. Couples can speak with our partner visa lawyers about any contact the Department has made.
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