What is an s.56 request on a 114 application in 2026 and how long do I have?
An s.56 request on a Subclass 114 (Aged Dependent Relative) application is the Department of Home Affairs asking you for more information before it reaches a decision — the step the Department's Aged Dependent Relative visa (Subclass 114) official page describes as "we might also ask you to provide more information". Departmental procedural guidance treats 28 days as the usual response period, and the date that actually governs your case is the one printed in the request itself. If nothing arrives by that date, or what arrives does not answer what was asked, the case officer can decide on the material already on file — and on a 114 application, that normally ends in a refusal.
What exactly is an s.56 request, and why would a 114 applicant get one?
The name comes from section 56 of the Migration Act 1958, the provision that lets the Department ask an applicant for further information or documents. A request is not a decision and not a refusal. It is a signal that the officer does not consider the material already lodged sufficient to satisfy the criteria, and that you are being given the chance to fix that before a decision is made.
On a 114 application the criteria you must meet, per the Department's official page, include having an approved eligible sponsor, being old enough to receive the Australian age pension, being dependent on that relative for basic needs such as food, shelter and clothing for at least three years before you apply, having no partner, being able to obtain an assurance of support, and meeting the health and character requirements. The Department's procedural guidance lists the situations that most often trigger a request: dependency evidence that looks thin or partly contradicted by a small independent income such as a modest pension, an applicant whose age is close to but not yet at pension age, doubts about whether the sponsor is settled, and incomplete evidence of family relationships.
Because dependency is the heart of this visa, most requests on a 114 come back to money and household arrangements rather than to identity. That is worth knowing before you open the letter, because it tells you what kind of evidence will actually move the file forward.
How long do I have to respond?
Departmental procedural guidance describes the usual period as 28 days. Treat that as a working expectation rather than a guarantee: the request you receive states its own deadline, and the Department's current published guidance is what sets the framework, so read the date on your own letter as the operative one and confirm it against the Department's current published requirements.
Two practical consequences follow. First, a 114 is a paper application lodged with the Parent, Child and Other Family Processing Centre in Perth, so any days lost to post or courier are days off your calendar, not off the deadline. Second, the s.56 clock is separate from other clocks in the process — the official page notes you will be told when to provide an assurance of support and when health examinations or biometrics are needed, and those requests come on their own timing.
What is the officer most likely to ask for?
The official page spells out the evidence categories for this visa, and an s.56 request usually names the specific items missing from one of them:
- Dependency on your relative: bank statements, money transfers and rent receipts showing support for food, shelter and clothing over the relevant period. Procedural guidance looks at financial records, living arrangements and income sources across roughly the three years before application.
- Relationship to your sponsor: birth, marriage, adoption, death or officially issued family status certificates or family books.
- Sponsor's status: a completed Form 40 Sponsorship for migration to Australia, plus proof the sponsor is an Australian citizen, Australian permanent resident or eligible New Zealand citizen and is settled in Australia.
- Character and health: police certificates, but the official page is explicit that you should not arrange them until you are asked; health examinations are likewise requested by the Department when required.
- Family members included in the application: identity documents, relationship proof, character documents and, for dependants aged 18 or over, a completed Form 47a plus proof of at least 12 months of financial dependency.
How do I actually send the response?
A 114 is applied for on paper and decided while you are outside Australia, but the response itself can usually go in electronically. After you receive your acknowledgement letter you can import the paper application into ImmiAccount — this is available for applications made outside Australia on or after 25 June 2020 — by logging in and entering your application ID, date of birth and identity document number. Once imported, you upload additional documents directly in ImmiAccount.
If you cannot use ImmiAccount, or the application was lodged outside Australia before 25 June 2020, the official page directs you to attach the documents to a completed Other Family Visa Processing Centre online form. Either way, send certified copies rather than originals and keep a full copy of what you submitted.
Two related points often matter at this stage. If the request stems from an error in your original answers, the official channel is Form 1023 Notification of incorrect answers. And if who is helping you has changed, Form 956 or Form 956A is how that appointment or withdrawal is recorded.
What happens if I miss the deadline or answer only part of it?
The Department's procedural guidance is direct: if you do not respond within the period, or your response does not address the concern, the officer may make a decision on the material already held. In practice that means the missing piece stays missing and the criteria stay unmet, so the application is refused. A refusal does not come with a further request by default — the s.56 request was the opportunity.
If the outcome is a refusal, the Department's official page states that you will be told in writing why the visa was refused and whether you have a right to a review of the decision, and that the application fee is not refunded.
One caution: the criteria for this visa include providing genuine information and not supplying false or misleading material. Filing documents you cannot stand behind is far riskier than explaining honestly why a particular record does not exist.
Is an s.56 request the same as a natural justice letter?
No, and confusing the two can cost you the chance each one offers.
| Letter | What it means | What it asks of you |
|---|---|---|
| s.56 request | Information or documents are missing or insufficient | Send the evidence asked for by the stated date |
| Natural justice letter (NRR) | The officer holds adverse information and is considering refusing | Comment on or rebut the concern within the stated period |
| Refusal letter | A decision has been made | Read the reasons and whether review rights apply |
Departmental procedural guidance describes the natural justice step separately: where the officer intends to refuse on adverse information — for example concerns about the sponsor or inconsistencies in the financial picture — you must be given the chance to respond to it first. An applicant may receive one, both, or neither of these letters; neither is guaranteed.
How should I use the time well?
Read the request line by line and match each item to a specific document before you start collecting anything. Build the dependency evidence across the full period rather than a recent slice of it, since a short window is one of the things that prompts a request in the first place. Do not arrange police certificates until they are asked for. Keep copies of everything you send, and avoid originals.
If you are still waiting on one document when the date approaches, the safer course is to send what you have before the deadline with a written note explaining what is outstanding and why, rather than letting the date pass with nothing added to the file.
These notes are general information about how the process is published, not an assessment of any individual application; what is actually required depends on your own circumstances and on the Department's current wording, and only a registered migration agent, a legal practitioner or an exempt person can lawfully give immigration assistance.
Frequently Asked Questions
Does an s.56 request mean my 114 application will be refused?
No. A request means the officer does not yet consider the material sufficient, and it gives you the chance to supply what is missing before a decision is made. It becomes dangerous only if it is ignored or answered with documents that do not address the concern.
How many days do I have to answer an s.56 request on a 114?
Departmental procedural guidance treats 28 days as the usual period. The deadline that governs your case is the one stated in your own request, and time limits should be confirmed against the Department's current published guidance.
Can I get an extension beyond the 28 days?
The published material does not set out a general extension rule, so the deadline in your request is the one that controls. What you can control is getting your response lodged early, since a paper application needs time for the documents to reach the processing centre.
What if I can only obtain some of the documents in time?
Send what you have before the stated date and explain in writing what is still outstanding and when you expect it. Letting the deadline pass with nothing added to the file is the one option that most reliably leads to a decision being made on the incomplete record.
I already sent bank statements when I applied — why am I being asked again?
An s.56 request usually means the evidence on file does not cover the point well enough, not that it was never sent. Common gaps are a period that is too short, records that do not show regular support for basic needs, or income figures that suggest some financial independence.
If my 114 is refused after an s.56 request, do I get the fee back?
No. The Department's official page states that the application fee is not refunded if the application is refused. The written decision will also tell you the reasons for refusal and whether you have a right to a review.
References
- Department of Home Affairs — Aged Dependent Relative visa (Subclass 114)
- Australian Government Federal Register of Legislation — Migration Regulations 1994
- Services Australia — Assurance of support (Centrelink)
- Australian Government Department of Social Services — Age pension
- Department of Home Affairs — ImmiAccount login