What Is a Section 56 Request for a Partner Visa?

What does section 56 of the Migration Act allow the Department to do?

Section 56 of the Migration Act allows the Department to invite a visa applicant to give additional information before the application is decided. The power is discretionary. The Department may ask, but it is not obliged to ask, and an application can be refused on the evidence lodged without any request being made. That is why partner visa applications should be complete at lodgement. When a request is made, it is formal correspondence under the Migration Act, and it is sent to the applicant or to the authorised recipient named in the application. Our guide to the partner visa section 56 request explains the provision in practice.

Why do partner visa applicants receive section 56 requests?

Partner visa applicants receive section 56 requests because the case officer needs something before deciding, most often updated police certificates, health examinations, translations, civil documents or current evidence of the relationship. Partner visas are assessed over long periods, so documents lodged at the start often need refreshing. Our partner visa document checklist shows what a complete application should contain from the outset.

How do I respond to a section 56 request?

An applicant responds to a section 56 request by providing each item in the way and within the period stated in the request, usually by uploading documents in ImmiAccount. A short covering letter that lists each item and the document that answers it helps the case officer. Where the request concerns the relationship, recent evidence across the four assessed aspects of the relationship should be provided. Our article on responding to a section 56 request for more information gives further detail.

Can I get more time to answer a section 56 request?

An applicant can ask for more time to answer a section 56 request, but the Department decides whether to allow it. The request should be in writing, made before the deadline and supported by evidence of why the information cannot be provided in time. Our article on the partner visa section 56 extension explains how to ask.

Is a section 56 request the same as a natural justice letter?

A section 56 request is not the same as a natural justice letter. A section 57 letter, often called a natural justice letter, tells the applicant the Department holds adverse information that may lead to refusal and invites comment on it. A section 56 request asks for information only. Our guide to the section 57 natural justice letter explains the difference in consequences.

How does My Migration Lawyers respond to section 56 requests on partner visas?

My Migration Lawyers responds to section 56 requests on partner visas by confirming the response date on arrival, reading the request against the original application to understand what is really being tested, and preparing a labelled response that answers every item. The firm checks each new document for consistency with earlier statements and lodges the response before the deadline. Applicants on a Subclass 820 visa pathway or any other partner visa can ask our partner visa lawyers to manage the reply.