What Documents Are Usually Requested in a Section 56 Request?

Which character and health documents are commonly requested?

The character and health documents commonly requested are police certificates from Australia and from each country where the applicant has lived for the required period, health examinations arranged through the Department's panel, and sometimes Form 80. These are often requested because earlier certificates have expired by the time the application is assessed. Our articles on the AFP police check and partner visa health requirements explain how to obtain them.

What relationship evidence does a section 56 request usually ask for?

The relationship evidence a section 56 request usually asks for is current proof across the four assessed aspects of the relationship: financial aspects, the nature of the household, social aspects and the nature of the commitment. Typical items include joint bank statements, leases, bills addressed to both partners, evidence of shared responsibilities and proof that the couple is recognised as a couple by others. Our articles on partner visa financial evidence and partner visa household evidence explain what carries weight.

Are Form 888 statements often requested?

Form 888 statements are often requested where the Department wants independent confirmation that the relationship is genuine and continuing. Each should come from an Australian citizen, permanent resident or eligible New Zealand citizen who knows the couple, and should give specific, first-hand detail. Our article on Form 888 for a partner visa explains who can make one and what it should contain.

What identity and civil documents might be requested?

The identity and civil documents that might be requested include birth certificates, marriage certificates, divorce or death certificates that end earlier relationships, evidence of name changes and documents about children included in the application. Where a child is included, evidence about custody and the consent of any other parent may also be needed. The sponsor may also be asked for identity documents or evidence of Australian citizenship, permanent residence or eligible New Zealand citizenship. Documents not in English need translations, as our article on partner visa evidence translation explains.

Can the Department ask for an explanation instead of a document?

The Department can ask for an explanation instead of a document, and many section 56 requests do. Common examples are requests to explain periods of living apart, differences between this application and earlier visa applications, or the history of a previous relationship. These questions should be answered carefully and consistently with the rest of the file. Our guide on how to respond to a section 56 request explains how to frame the answers.

How does My Migration Lawyers prepare the documents for a section 56 response?

My Migration Lawyers prepares the documents for a section 56 response by turning the request into a checklist matched to each item, telling the couple exactly which records satisfy it and checking every document before lodgement for currency, translation and consistency. Where a requested document is slow or impossible to obtain, the firm identifies acceptable alternative evidence and explains the position to the Department in writing. Couples can ask our partner visa lawyers to manage the response from start to lodgement.