Can I ask for more time to reply to my visa request in Victoria?

The situation

I am currently living in Melbourne, Victoria, and I am in the middle of applying for a permanent residency visa. Last Tuesday, the 14th of May, I received an official letter from the department stating that they need me to provide some extra documents regarding my previous employment history to support my application. The letter says I must submit these extra details by the 28th of May, which is only two weeks away. The problem is that my former employer in London is having a bit of a struggle with their administrative programme, and they told me it will take at least three weeks to get the signed letters I need. I have already tried calling their HR department four times this week to speed things up, but they haven't been able to help me any faster. I am really worried that if I don't get the paperwork in by the 28th, my whole application will be rejected. The letter doesn't explicitly say whether I can send the info via email or if I have to come in for a face-to-face meeting, and it doesn't mention anything about an extension. Can I actually ask them to give me a bit more time to get everything sorted?

Detailed Analysis

Under the Migration Act 1958, you have been invited to provide additional information regarding your employment history^[1]. The law provides a mechanism for you to request more time if you cannot meet the current deadline of 28 May.

Specifically, the law states that "if a person is to respond to an invitation within a prescribed period, that period may be extended by the Minister for a prescribed further period"^[1]. This means that because the department has set a specific date for your response, the Minister has the legal authority to grant you an extension to a later date.

It is important to understand the risks of not receiving an extension. If you do not provide the requested information by the deadline, the Minister has the power to make a decision on your visa application without waiting for you. The law says that if you do not give the information before the time for giving it has passed, "the Minister may make a decision to grant or refuse to grant the visa without taking any action to obtain the additional information"^[2]. This means your application could be refused if the deadline passes and you have not secured an extension or provided the documents.

While the law allows for extensions, it does not guarantee that your request will be granted. The decision to extend the period rests with the Minister. Additionally, while you can provide information at any time before a decision is made^[3], the department is not required to delay their decision just because you have told them you intend to provide more information later.

Statutory Citations

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