What is a Section 56 Request for More Information?
A s56 Request for More Information is a formal letter issued by the Department of Home Affairs to either an Applicant or Sponsor requesting more information relating to your Partner Visa. Before we continue, it’s important to note that a s56 Request for More Information is not limited to just Partner Visas – these requests are used for all Australian Visas but for the purposes of this blog and my area of expertise, I’m going to be talking about them in the context of Partner Visas.
So let’s recap before moving on – a s56 Request for More Information is exactly what it sounds like. The scope of what the request actually entails though is going to be unique to your case and, of course, dependent on how well put together your application is.
You may have also read that s56 Requests for More Information are generally straightforward and simple – not a cause for concern. But sometimes they can be a cause of concern, especially if you haven’t put together a good Partner Visa, which I’ll talk about a little further down.
I won’t go into legal jargon, but there is a legal basis for these types of requests under the Migration Act which allows a decision maker to request further information they consider to be relevant in helping them make a decision on your Partner Visa. So as you might have also gathered, the requests can also be quite subjective.
Why does Immigration send out s56 Requests for More Information?
The decision maker will do this after reviewing your application and noticing if there is anything missing or if they need more information. But the aim of the game is to avoid a RFI so that your application can process as quickly as possible.
In some cases, the request can be really straight forward. For example, a simple request to complete a medical examination or to provide a Police Check.
But there are also other cases where receiving a s56 Request for More Information is not fun. For instance, if the decision maker needs more convincing that your relationship is genuine and continuing. Depending on the quality of your application and evidence, they may be after evidence covering a particular pillar of relationship, or even requesting evidence covering a particular time period.
This is why it’s super important to make sure you have no gaps in evidence and you’re actually across exactly what evidence you need for your Partner Visa. Remember that the evidentiary threshold for a Partner Visa is high. If your case officer is not convinced that your application meets the criteria for the grant of a Partner Visa, then you’re potentially setting yourself up for failure or a really difficult ride.
What does a s56 Request for More Information look like?
Usually you will be sent two attachments. One is called ‘s56 Request for More Information’ and the second attachment is called ‘Request Checklist and Details’. Both these letters contain important information. For example, the first attachment will contain information such as the deadline for a response (i.e how many days do you have to respond to the request). It also includes information such as how you should provide the requested documents and information and what you need to do if your documents are not in English.
The second attachment gets into the nitty gritty of what the case officer actually wants to see. For example, they may specify that you need to complete your medical examination or maybe an identity document is missing.
Should I wait until I receive one?
Remember that if you’re receiving a s56 request, then that means you’re missing something from your application. I don’t recommend waiting for immigration to contact you about something that’s outstanding, whether it be your police checks, medicals or more evidence of the relationship.
You may just be slowing down the processing of your application.
Why did I receive a s56 Request for More Information if I already provided the requested documents?
It’s true that sometimes the case officer can overlook certain documents and may have mistaken something accidentally. I’ve seen cases where a document that was requested, was already provided by the client but just missed by the case officer. But in most cases, the case officer is requesting something because it’s actually missing.
Perhaps they are requesting a certain document such as a police check because your old one has expired. Or perhaps they are requesting a translated copy of your birth certificate because you forgot to attach the original as well as the translation. Nine times out of ten, the case officer will get it right so it’s important you’re making sure you have provided everything you need with your application, including double checking dates on documents, translations are uploaded and that your naming conventions are clear.
What do I do if I have received a s56 Request for More Information?
It can seem scary to receive one but it’s important you take all necessary steps to provide the information immigration has requested from you. And if you don’t, this could lead to a visa refusal. Remember that Immigration is going to send you correspondence to the email address you have nominated in your application form.
Recently I saw a couple who received a RFI but the Applicant didn’t check his emails so he never provided a response to the RFI. This is why it’s critical that your contact details are always kept up to date and if you’re someone who’s not checking their emails, or maybe you don’t want to handle any paperwork then remember to use a Form 956A to nominate your partner to receive all communication (or someone else who you authorise).
The first step is to read any correspondence immigration has sent you very carefully. They may often request more than one document or information in one letter. For example, immigration might request a copy of your police check and additional evidence of your relationship at the same time.
You’ll also want to take note of any timeframes given by immigration to provide the requested information.
How long do I have to respond to a request?
Generally, immigration will provide 28 days for you to provide the requested information and or documents.
Double check that you read your s56 Request for More Information carefully as in some instances you may be given less or more time to respond.
If you can’t provide the requested information within the provided time-frame you need to clearly communicate that to immigration so a decision isn’t made on your application before you’ve had a chance to respond.
How can I avoid a s56 Request for More Information?
My two cents when it comes to s56 Requests for More Information is that you don’t want one. So how can you avoid it?
I’ve talked about it before but lodging a decision ready application is going to help you avoid s56 requests. You want to make sure that you’re across exactly what you need to provide for your Partner Visa and provide enough documentation around the four pillars of evidence.
This part of what we do at the Partner Visa Academy – we make sure that couple’s are providing enough documents and that they haven’t missed what seem like ‘minor’ mistakes such as not providing translations of documents or providing outdated police checks. This is done through our review process.
In my experience, couples who receive s56 Requests for More Information often haven’t provided enough evidence to demonstrate that they are in a genuine and continuing relationship. And remember that Partner Visas are subjective so you’re idea of enough documentation may not actually meet the standards required by Immigration.
And finally, making sure you’re providing all of your police clearances and completing your medicals shortly after lodgement.
Ready to get started? Find out more about how the Partner Visa Academy works.
IMPORTANT: Please note, this does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.
