How to Response to s57 Request on Partner Visa Australia 2024

Dive into s57 Request on Partner Visa Australia: What It Means and How to Response in 2024

First of all, what is the s57 request? s57 Request, or IMMI Natural Justice, is an invitation to comment sent by the Department of Home Affairs to visa applicants. s57 Request applies to all Australian visa applications, including Partner Visa Australia.

Receiving an s57 request means that the Department of Home Affairs found adverse information while assessing your Partner Visa Australia application. The adverse information may include, but is not limited to, bogus information/documents, issues in meeting specific criteria like health or character criteria, etc.

s57 request is a good deed from the Department of Home Affairs that they allow you to provide comment first, even though they are considering refusing your Partner Visa application. Thus, responding to the s57 request is very crucial. Indeed, it can be your last chance to get your Partner Visa application approved. Understand that you must respond to the s57 request to avoid your Partner Visa being refused.

So, I am here to guide you on responding professionally to the s57 Request to get your Partner Visa Australia application approved.

First, why do you receive an s57 Request on your Partner Visa application?

You receive an s57 request because the Department of Home Affairs found adverse information regarding your Partner Visa Australia application, which may be about one of these:

Bogus Documents or Information
Issues in Meeting the Health Requirements
Issues in Meeting the Character Requirements
No Documents or Information to Confirm Your Relationship
Irrelevant Information Between Your Current Partner Visa and Previous Australian Visa Application

Reason #1: Bogus Documents or Information

Bogus documents or information means a document or certain information derived illegally. You’re completely wrong if you think the Department of Home Affairs will not notice your fake divorce certificate or relationship history.

The Department of Home Affairs has the power to check all documents and information you have provided. So, ensure that you provide only truthful and genuine information and documents.

Even though the Department of Home Affairs allows you to comment on this, providing a bogus document or information is fatal. The chance to get your Partner Visa Australia application approved is meagre.

If you face this situation and urgently need legal assistance, call us, and we will do our best to find the best solution.

Reason #2: Issues in Meeting the Health Requirements Due to Your Health Condition

It usually happens when the Department of Home Affairs and the Medical Officer of Commonwealth (MOC) find that you have one of the following health conditions based on your medical examination result:

Measles outbreak;
Tuberculosis;
HIV and hepatitis;
Yellow fever;
Polio;
Ebola Virus Disease (EVD)

Having one of those health conditions means you do not meet the health requirements. So, the Department of Home Affairs will send you the s57 request and the MOC’s Costing and Opinion Letter for this case. Both letters will explain the result of your medical examination and the expected healthcare expenses for your situation in Australia.

Your job is to assure them that you have the financial capability to support your healthcare expenses and are committed to curing your illness. So, the Department of Home Affairs can exercise a Health Waiver for you.

You will only get your Partner Visa Australia application approved if the Health Waiver is accepted.

Reason #3: Issues in Meeting the Character Requirements due to Your or Your Sponsor’s Criminal Record

It happens when you or your sponsor have substantial criminal record and convicted offences either in Australia or outside Australia, which will be a threat to the Australian public and community.

The length of a court-imposed sentence determines the substantial criminal. You have a substantial criminal record if you have ever been:

Sentenced to death or imprisonment for life
Sentenced to a term of imprisonment of 12 months or more
Sentenced to two or more terms of imprisonment (even if served concurrently) where the total is 12 months or more
Found by the court to not be fit to plead about an offence but found to have committed the offence and detained in a facility or institution

Having a substantial criminal record or being convicted of one of the offences listed here means you do not meet the character requirement for a Partner Visa application.

The s57 will be sent to you, and you must comment on why you were convicted of the offences and why your sponsorship or Partner Visa application should be approved. In this case, you have to explain what leads you to those convictions truthfully, whether you will be a threat to the Australian community or your partner, etc.

“I can avoid this situation by simply not mentioning my offences, right?” You’re completely wrong.

Don’t ever think of not mentioning your offences because it will lead you to the problem in number 1, providing bogus information. Can you imagine how complex it will be when you’re found providing false information and have a substantial criminal record simultaneously?

Reason #4: No Documents or Information Could Confirm the Genuinity of Your Relationship

For example, the Department of Home Affairs requires at least 2 Form 888 to be provided, but you ignore it because you think it’s not important. Guess what? Another mistake. Form 888 is as important as your other evidence of relationship.

Simply said, the purpose of Form 888 is to confirm whether your relationship is genuine. I believe you will at least share your big moments with your friends and family, so there’s no way your friends or family did not know about your relationship.

Then, what happens if the Department of Home Affairs cannot confirm your relationship with your friends or family? Or what if the Department of Home Affairs could not find any record of your happy relationship on your Instagram account?

As you expect, you will receive an s57 request. You must comment on why no Form 888 was provided and why no one could confirm your relationship. If you fail to respond, expect the refusal to be on your way.

So, arm your Partner Visa Australia application with the detailed document checklist which you can find on our post: Document Checklist For Australian Spouse Visa

Reason #5: Irrelevant Information Between Your Current Partner Visa and Previous Australian Visa Applications

Let’s say you have ever lodged and been granted a Visitor Visa before, where you mentioned that you have no relatives in Australia. It turns out that when you came to Australia, you visited your boyfriend, who will sponsor you on a Partner Visa.

It shows irrelevant information on your Visitor Visa and Partner Visa application, which is not good. You will receive an s57 request and must comment on why you did not mention anything about your boyfriend on your Visitor Visa application.

It will happen if other irrelevant information is also found.

What you should do when receiving an s57 Request

Upon receiving the s57 request, it is essential to examine the Request first. Find out what adverse information was found and what you should comment on. You may find one of the above reasons.

And you have to pay careful attention on the given days to respond. Usually, you will have either 28 or 35 days to comment on the adverse information.

Don’t ever think providing a statement letter or simply replying to the email is the answer. You must do the processes below to respond promptly to the s57 request.

The process in responding to the s57 Request for your Partner Visa application

Responding to the s57 request involves four steps:

Preparing your comments on the Statutory Declaration
Gathering supporting documents for your comments
Uploading all documents
Responding to the Department of Home Affairs by email

Step 1: Preparing comments on the Statutory Declaration

I always suggest my clients provide the comments in a Commonwealth Statutory Declaration form. It will give the strength that your comment is genuine, truthful and legal.

The most important thing to do is be detailed in your comments. Don’t miss any little information in your comments and don’t be afraid or ashamed to reveal the truth to the Department of Home Affairs.

The Department of Home Affairs won’t judge you, they simply need the most detailed and truthful information to make a just decision for your Partner Visa Australia application.

Also, ensure that the comments from you and your sponsoring partner are relevant and match. So, it requires hard work from both of you here to pursue your dream life together.

Step 2: Gathering supporting documents for your comments

The supporting documents for the s57 request depend on what case you’re on. Suppose it’s about a health issue, and you must show your financial capability. In that case, you must provide all documents showing:

your current financial situation,
your assets and
anything else showing you have the funds for your healthcare.

The Department of Home Affairs also needs a point of view from people around you to assess your Partner Visa application. So, consider getting supporting letters from your friends and family, too, where they witness your genuine commitment and willingness to pass every requirement.

If you need to discuss what supporting documents you must prepare, don’t hesitate to contact me and my team. We are here not to judge you but to help you. We will guide you in finding the best way to respond to the s57 request.

Step 3: Upload the comments and supporting documents to your online Partner Visa application

Now you’ve got your comments and supporting documents for your claim, all you are left to do is submit the documents to your online Partner Visa application via Immi Account.

Ensure that the comments and supporting documents are provided within the given timeline. If you need more time to respond, contact the Department of Home Affairs by email or phone to request an extension.

Step 4: Response to the Department of Home Affairs by email

The last step is emailing the Department of Home Affairs to update them that you have completed the comments and provided supporting documents, too.

You can reply by replying to the email address mentioned on the s57 IMMI Justice Letter.

If you need assistance on this, we at ONEderland Consulting are ready to assist you.

What happens if you fail to respond to the s57 Request

If you fail to respond to the s57 request, your Partner Visa application will be refused. It happens when you did not provide the comments within the given timeframe or if the Department of Home Affairs finds the comments and supporting documents don’t explain the adverse information.

You will have a chance to review the decision with the Administrative Appeals Tribunal. But still, the chance of winning the case will be low.

This is why it is always strongly suggested that you appoint a Registered Migration Agent when you face this situation. There are too many things to lose if you fail to respond to the s57 request.

The challenges and why responding to the s57 Request is crucial

Receiving an s57 request about your Partner Visa application from the Department of Home Affairs (DHA) can be frustrating and challenging. It’s important to realise that this is not a rejection of your visa application; instead, it’s a chance to address any issues brought up by the DHA and possibly have your application approved.

Be prepared as you will face these challenges in responding to the s57:

Limited space: You have 28 to 35 days, only 1 month, to reply to the S57 request. Your visa application could be automatically denied if you miss this deadline.
Addressing issues: You must respond effectively, as it will increase the likelihood of a successful outcome by clearing up any misunderstandings, providing more evidence, and addressing the specific issues mentioned in the S57 request.

s57 is basically your last chance to get your Partner Visa application approved. So, you must work hard to respond to the s57 request.

Don’t put your future in peril.