How Long Do I Have to Respond to a Section 56 Request?

Where do I find the deadline for a section 56 request?

The deadline for a section 56 request is found in the request itself, which must state the period for responding and the way the information is to be given. The applicant should read the whole letter, note the response date and calculate it independently rather than relying on memory. If the request asks for several items, every item is usually due by the same date. Our guide on how to respond to a section 56 request explains the request in more detail.

Why is the response period different for different applicants?

The response period is different for different applicants because the Migration Regulations prescribe periods that depend on matters such as whether the applicant is in or outside Australia and how the information must be provided. An offshore Subclass 309 applicant and an onshore Subclass 820 applicant may therefore receive requests with different periods. The period in the applicant's own letter is the one that matters. Our pages on the Subclass 820 visa and the Subclass 309 visa explain how the two pathways differ.

When does the section 56 response period start?

The section 56 response period starts when the request is taken to have been received under the notification rules in the Migration Act, not when the applicant opens it. A request sent by email is generally taken to be received at the end of the day it was sent. Where a lawyer or migration agent is the authorised recipient, the request is sent to them, and the period runs from their receipt. Applicants should make sure their contact details are up to date in ImmiAccount so no request goes unseen.

Can the section 56 deadline be extended?

The section 56 deadline can be extended in some cases, but only at the Department's discretion. A written request made before the period ends, with evidence of why a document cannot be obtained in time, is the proper approach. Our article on the partner visa section 56 extension explains how to ask and what to send in the meantime.

What happens if I respond after the deadline?

If an applicant responds after the deadline, the Department may already have decided the application on the information it held. Until a decision is made, section 55 of the Migration Act still allows relevant information to be given, so a late response should be lodged immediately rather than abandoned. Our article on responding to a section 56 request for more information covers practical steps, and our article on partner visa refusal reasons shows why missing information is a common refusal ground.

How does My Migration Lawyers manage section 56 deadlines?

My Migration Lawyers manages section 56 deadlines by recording the date each request is taken to be received, calculating the response date the day the request arrives and planning backwards from it. The firm identifies at once any item that may take longer than the period allows, so an extension can be sought early rather than at the last moment, and lodges completed responses ahead of the deadline. Couples who have received a request can ask our partner visa lawyers to confirm the date and take over the response.