Will Home Affairs Contact Us Before Deciding Our Partner Visa?

When does Home Affairs ask for more information about a partner visa?

Home Affairs asks for more information about a partner visa under section 56 when it needs documents or details to decide the application, such as updated relationship evidence, police certificates or health examinations. It is not obliged to ask. Where evidence is missing, the Department can decide the application without a request. Our article on the partner visa section 56 request explains how to respond, and our article on the section 56 extension explains when more time can be requested.

What is a section 57 natural justice letter?

A section 57 natural justice letter invites the applicant to comment on adverse information that the Department considers would be the reason, or part of the reason, for refusing the visa. The information must be specifically about the applicant or another person, not just about a class of people. The letter sets out how and by when comments must be given. Our article on the section 57 natural justice letter explains how to respond, and our article on common adverse information gives examples.

What does Home Affairs not have to warn us about before deciding a partner visa?

Home Affairs does not have to warn the applicant about weaknesses in the information the applicant provided for the application. If the relationship evidence lodged is thin, inconsistent or incomplete, the Department can refuse on that basis without first inviting comment. This is why the application should be decision-ready when it is lodged, as our article on partner visa approval tips explains.

Can Home Affairs interview us or contact other people?

Home Affairs can interview the applicant and sponsor, separately or together, and can contact people who provided Form 888 statements. Interviews are more likely where the Department has concerns about the relationship. The couple's answers are compared with each other and with the evidence lodged. Our article on partner visa interview questions explains what is usually asked.

What should we do when Home Affairs contacts us?

When Home Affairs contacts a couple about a partner visa, they should read the request carefully, note the response date and answer every point with evidence rather than a general statement. A partial or late response gives the Department grounds to decide on the existing material. Where the request raises a serious concern, such as the genuineness of the relationship or PIC 4020, legal advice should be obtained before responding, because what is said in the response becomes part of the record any later review will consider.

How can My Migration Lawyers help when Home Affairs makes contact about your partner visa?

My Migration Lawyers treats every section 56 request and section 57 letter as a final opportunity to put evidence before the decision maker, because a refusal often follows an inadequate response. The firm analyses exactly what the Department is concerned about, gathers the evidence that answers it and prepares a written submission within the time allowed. Couples who have received a request can contact our partner visa lawyers straight away.