While genuine relationships are not the problem with partner visa refusals, providing clear evidence to a case officer that the relationship is genuine is another story. One of the most dreaded things that can happen to an applicant is receiving a Section 56/57 request. This means that the Department already has concerns with the application and is providing you one last chance to provide further evidence or responses before refusing.
It’s useful to know the common reasons these requests are issued so you can avoid delays, extra scrutiny and refusal altogether.
Inconsistent information in applications
One of the quickest ways to trigger red flags is to provide inconsistent information on documents and timelines. Case officers look at applications holistically, which means they compare dates on forms, what you write in your statements, supporting documents and whether everything ties together.
This can include:
Many of these inconsistencies are unintentional, and humans make mistakes! However, from a decision-maker’s point of view, providing different information may exaggerate the truth. Section 56 Requests can be issued for even minor inconsistencies if they concern the overall genuineness of the relationship.
Being consistent doesn’t mean everything has to match 100%, but it does mean providing explanations when timelines don’t match up.
Badly written relationship statements
Your relationship statement is one of the key foundations of your partner visa in Australia; however, many people rush them or don’t put much thought into how they’re written.
Often, we see applicants write extremely heart wrenching stories with little to no factual evidence. Other times, we see people copy and paste generic stories that don’t really paint a picture of depth and progression.
This can include:
You want the case officer to feel your story and understand your relationship. If your statements don’t sound like you or contradict each other, this will raise questions.
If you properly prepare your relationship statements, you can explain your evidence and address concerns within your statements.
Relationships that haven’t progressed or lack explanation are almost impossible to salvage with a Section 56 Response.
Misrepresenting household items as evidence
Another commonly misunderstood aspect of the partner visa application. It seems a lot of people think that as long as you can find a joint lease or bill with both your names on it, you’ve provided enough evidence of being a household.
Unfortunately, that logic doesn’t fly with the Department. They need to understand how you run your household and share responsibilities.
Examples of household evidence leading to Section 56 requests include:
Similar to providing context for strange timelines. If you don’t explain your circumstances, the Department will assume the worst.
Applying too early, too late or not at all
Did you know that even the timing of your partner visa application can hurt it? Yes, it is true! Applying too early in a relationship, before you have enough history or even just late, can negatively impact your application.
This can include:
Ever heard of people rushing to apply for a partner visa because their visa is about to expire? While you can technically “update” an application by sending more evidence after you’ve already lodged, if your initial application is weak, you’re already putting yourself at risk for a Section 56 Request.
Timing is everything when it comes to your application. You need to make sure you have enough history to back up your genuine relationship at the time of application.
Overlooking past relationships, visa histories
If you’ve been married before, divorced, had a visa refusal, or even sponsored someone on a spouse visa in Australia, that’s okay! None of these is a straightforward reason for you to be issued a Section 57 Request.
However, when these things are not disclosed on your application, and the Department runs its little background checks, they will automatically want to know why you didn’t mention them.
Things that often get missed but raise suspicion are:
If you fail to explain these details upfront, the Department will think you have something to hide. Being transparent and providing evidence/explanations up front can help build trust.
Understanding what a Section 56/57 Request actually means
Think of a Section 56/57 Request as your last chance to prove your relationship is genuine. The Department already has questions or concerns about your application and has allowed you to clarify them before refusing.
However, if you aren’t clear, don’t provide sufficient evidence, miss the deadline, or don’t address the points in the Section 56/57 request, your application will be refused.
Want to avoid Section 56/57 Requests?
Remember that the majority of partner visas are refused because of technical errors or not clearly demonstrating a genuine relationship throughout the application. When you leave things open to interpretation, you’re leaving room for the Department to become concerned and issue a Section 56 or 57 request.
That’s why it’s always better to be safe than sorry. If you have more than one pathway to Australian residence (say, you are considering visa subclass 491 in conjunction with a spouse visa), consult with a licensed migration agent like Heenan & Browne Visa Migration Services before you make your decision. Booking a consultation with us can help ease your mind and reduce your risk before you start your application!
