Can a Lawyer Respond to a Request for More Information on My Partner Visa?

Can a lawyer reply to the Department for me?

A lawyer can reply to the Department for an applicant once the lawyer is appointed through Form 956 and, where agreed, becomes the authorised recipient for correspondence. From then on, the Department communicates with the lawyer, and the lawyer lodges the response on the applicant's behalf. The applicant still provides the personal documents and confirms that every statement in the response is true. Our guide on how to respond to a section 56 request explains the steps involved.

Can I appoint a lawyer after the request has arrived?

An applicant can appoint a lawyer after the request has arrived, and this is common. The lodgement date, the charge paid and the evidence already lodged are not affected by a change of representative. Time is the main constraint, so the lawyer should be engaged as soon as the request is received. Where the deadline is genuinely too short, the lawyer can ask for more time, as described in our article on the partner visa section 56 extension.

What does a lawyer add to a response that I could not do myself?

A lawyer adds legal analysis to a response, which an applicant preparing it alone often cannot. A request for information may look administrative but can signal doubt about a criterion, an earlier visa application or the genuineness of the relationship. The lawyer identifies that doubt, links each document to the legal requirement it proves and explains apparent conflicting statements before they become refusal grounds.

Is a section 57 letter handled differently from a section 56 request?

A section 57 letter is handled differently from a section 56 request because it sets out adverse information that may be the reason, or part of the reason, for refusal. The response needs written submissions on the law and the facts as well as evidence. Our guide to the section 57 natural justice letter explains why this letter needs particular care.

Can a lawyer or a registered migration agent respond to the Department?

A lawyer or a registered migration agent can respond to the Department, because both may lawfully give immigration assistance and lodge documents for an applicant. Australian lawyers hold a practising certificate and are regulated by the legal profession bodies, while registered migration agents are regulated by the Office of the Migration Agents Registration Authority. Applicants can choose the representative whose experience suits their matter. Whoever is chosen should read the whole application, not only the request, and should lodge the response well before the deadline rather than on the final day, when technical problems with online lodgement can cause a missed date.

How does My Migration Lawyers take over a Department request?

My Migration Lawyers takes over a Department request by lodging Form 956, reading the request alongside the full application so nothing is answered out of context, and agreeing with the couple a short list of documents to gather. The firm then prepares the covering submissions, checks every document for consistency, lodges the response and confirms receipt. Applicants can read about Principal Lawyer Weiwei Zhang, learn more about My Migration Lawyers, or engage our partner visa lawyers for the response.