What is a s56 request?
A s56 request is an oral or written invitation to give additional information in a specified way under Migration Act 1958 s 56(2). Section 56(1) permits the Minister to obtain relevant information and requires it to be considered.
It is a request, not a decision: neither positive nor negative in itself. Section 54(3) allows a decision without asking for more information. Section 58(1) requires the invitation to specify a written, interview or telephone response. Under s 55, you may volunteer relevant information before the decision; the Minister must consider it but need not wait for it.
How long do you have to respond to a section 56 request?
You have 28 days after notification to answer a written section 56 request if you applied in Australia and are not in immigration detention, under Migration Regulations 1994 reg 2.15(1).
Response periods: Migration Regulations 1994 reg 2.15(1)–(2), compiled 1 July 2026, and Migration Act 1958 s 58(2), compiled 4 June 2026.
| Where you applied | Written request | Request given at an interview or by phone | Information from a third party |
|---|---|---|---|
| In Australia, not in immigration detention | 28 days after notification | 7 days | Fixed periods do not apply to health, public interest criteria such as police certificates, English or skills assessment information |
| In immigration detention | 5 days | 5 days | As above |
| Outside Australia | The Regulations prescribe no period, so s 58(2) requires the request to set “a reasonable period”; no standard figure is published | As the request states | As above |
If an interview is requested, reg 2.15(3) provides for it within 28 days of notification for applications made in Australia, or 5 days in detention. For applications made outside Australia, it is within 28 days, or 70 days if the Minister decides.
How to respond to a s56 request in ImmiAccount
Reply steps: Open ImmiAccount → Read the message or “Actions required” → View details → Attach documents (use “Other Documents” if the type is not listed) → Check before the period ends. Home Affairs’ “After you apply” explains the upload pathway.
- Find the request in messages or “Actions required”. If you appointed an authorised recipient, Home Affairs’ “After you apply” says the request goes to them.
- Check electronic communication is authorised. That page says messages cannot be seen without authorisation.
- Select “View details”, then “Attach documents”. Use “Other Documents” if the document type is absent.
- Check file limits. Home Affairs’ “Attach documents to your application”, updated 30 September 2026, allows up to 60 documents per person on most applications, generally 5 MB each, and no encrypted PDFs. Beyond the limit, use the “Attach additional documents” form.
- Correct a wrong upload. That page says submitted documents cannot be removed: use “Notification of incorrect answers” and attach the correct document.
For applicants lodging through ImmiAccount, ImmiAccount and the 858 explains the application pathway. Information supplied in a response counts as an answer in your application under Migration Act 1958 s 99.
Can you ask for more time to answer a s56 request?
Yes, but only one extension is permitted. Migration Act 1958 s 58(4) and Migration Regulations 1994 reg 2.15(4) allow the Minister to extend the period once by:
- 7 days in Australia, outside detention;
- 7 or 28 days outside Australia;
- 5 days in detention.
An extension is discretionary, not automatic. These provisions establish the extension power, not a practical procedure for requesting it.
Visa processing time after a s56 request
Home Affairs publishes no processing time measured from a s56 request or reply. Its “Global visa processing times” page describes figures based on recently decided applications, as a guide only—not a countdown from your response.
Migration Act 1958 ss 62–63 prevent refusal before the earliest of your information arriving, you saying you will not respond, or the response period ending. After the period expires without a reply, the Minister may decide without further steps. These rules do not set a grant date.
s 56 requests during 858 processing (evidence must match the achievements in the invitation)
For the National Innovation visa (subclass 858), a s 56 response must address the invited achievements: Migration Regulations 1994 reg 858.212(3) requires the area and achievements to be those stated in the invitation. Home Affairs’ “National Innovation visa” page also requires documents showing the achievements claimed in the EOI and says it may decide without requesting more documents.
Health examinations and police certificates are third-party items outside reg 2.15’s fixed periods. Home Affairs’ health and character pages explain these requirements; its 858 page specifies AFP complete-disclosure certificates where required, and its character page gives certificates a 12-month validity. The 858 page says Form 80 or Form 1221 may also be requested.
Home Affairs’ National Innovation EOI form requires earnings-band evidence if invited. Because a reply is an application answer under s 99, it should substantiate the invited achievements rather than substitute new ones for the criterion in reg 858.212(3).
Section 56 or section 57?
Migration Act 1958 ss 56–58 distinguish requests for information from invitations to comment on adverse information.
| Point | Section 56 | Section 57 |
|---|---|---|
| What it is | Invitation to supply information | Particulars of adverse information, its relevance and invitation to comment |
| When used | To obtain relevant information; no duty to ask | Information could support refusal, concerns you specifically and was not supplied by you for the application |
| Your own material | — | Because s 57(1)(c) excludes it, it need not be put back for comment |
| Reply format | Written, interview or phone, as specified | Same |
| Period for applications made in Australia, outside detention | 28 days written; 7 days if given at interview or by phone | Same |
Read more about section 57 natural justice letters.
Frequently asked questions
What does a s56 request mean?
Under Migration Act 1958 s 56(2), Home Affairs is inviting more information in the specified way.
How long does a s56 request take?
Reg 2.15 gives 28 days written or 7 days for interview/phone requests in Australia, outside detention; detention is 5 days. Offshore, s 58(2) requires a reasonable period stated in the request.
How many days after a s56 request is a visa granted?
No figure is published. Migration Act ss 62–63 set limits on when refusal can occur, not a grant timetable.
What is the difference between a s56 and a s57 request?
Under the Migration Act, s 56 seeks information; s 57 invites comment on qualifying adverse information.
Can I send more documents without a s56 request?
Yes. Migration Act s 55 permits relevant additional information before the decision and requires its consideration.
Is a s56 request positive or negative?
Neither: s 56 is an information request. Section 54(3) permits decisions without asking; s 57 separately addresses qualifying adverse information.
More information requests and the 858 processing time
Home Affairs’ processing-time tool has separate National Innovation and legacy Global Talent entries. Its labels and explanatory notes do not clearly establish which series describes National Innovation applications; neither supplies a post-s56 timetable. See 858 visa processing time after you lodge for both series and their caveats, and the 858 visa guide for the overall pathway.
Migration Act 1958 s 63 permits refusal only after the earliest of your reply arriving, you saying you will not reply, or the period ending.
Ask an Australian migration lawyer to check the request, response deadline and evidence of the invited achievements before sending a section 56 answer.