Can I Get an Extension on a Section 56 Request?

How do I ask for an extension on a section 56 request?

An applicant asks for an extension on a section 56 request by writing to the Department through the channel stated in the request, before the response period ends. The request should identify the application, list the documents still outstanding, explain why each one is delayed and propose a realistic date. Evidence of the delay, such as a receipt from an overseas police authority or an appointment booking, makes the request far more persuasive. Our article on the partner visa section 56 extension sets out what a good request contains.

What reasons does the Department accept for more time?

The Department is more likely to accept reasons for more time that are outside the applicant's control. Common examples are an overseas police certificate that takes weeks to issue, a health examination that needs further tests, a civil document that must be reissued, or serious illness. Reasons such as being busy or not having started the request are unlikely to persuade a case officer. Our article on obtaining an AFP police check explains one of the documents that is often requested.

Should I send part of the response while I wait?

An applicant waiting for an extension should send part of the response while waiting, because the Department may not reply before the deadline and may decide the application once the period ends. Lodging every document that is ready, with a short covering letter explaining what is still to come, shows good faith and keeps the file moving. Our guide on how to respond to a section 56 request explains how to organise the response.

What if the extension request is refused?

If the extension request is refused, the applicant should provide whatever is available within the original period and explain in writing why the remaining item cannot yet be produced. Under section 55 of the Migration Act, relevant information can still be given until a decision is made, so the missing document should be uploaded as soon as it arrives. Our article on responding to a section 56 request for more information covers what to include in that explanation.

Can a missed section 56 deadline lead to refusal?

A missed section 56 deadline can lead to refusal, because the Department is entitled to decide the application on the evidence it already holds. If that evidence does not show that a criterion is met, the partner visa may be refused. A refusal can generally be reviewed by the Administrative Review Tribunal, but it is far better to avoid one. Our article on why partner visas get refused explains how gaps in evidence become refusal grounds.

How does My Migration Lawyers manage section 56 extension requests?

My Migration Lawyers manages section 56 extension requests by first checking whether an extension is really needed, because many requested items can be obtained faster than the applicant expects or replaced with other evidence. Where more time is genuinely required, the firm prepares a short, evidenced request, lodges everything that is ready with it and diarises the next date so nothing slips. Couples who have received a request they cannot meet in time can ask our partner visa lawyers to take it over.