Australia Form 40 SP
Australia Form 40 SP
Australia Form 40 SP
o
r
m
Sponsorship for a
partner 40SP
to migrate to
Australia
application, the Minister for
Immigration and Border
Protection of your or their identity;
this visa application may be refused and you,
Important - Please read this information and any members
carefully before you of your family unit, may become unable to be
complete your application. Once you have granted a visa for
completed your specified periods of time, as set out in
application we strongly advise that you migration legislation.
keep a copy for your
records. If documents are found to be fraudulent or
information to be incorrect after the grant
This form 40SP is to be completed of a visa, the visa may subsequently be
by the sponsor of persons applying cancelled.
for a partner category visa either
outside Australia or in Australia. Who can sponsor
If the fianc(e) or partner you are To sponsor a fianc(e) or partner visa
sponsoring is applicant:
applying outside Australia, your
you must be an Australian citizen, Australian
fianc(e) or partner will be applying
permanent
to migrate. If your fianc(e) or
resident or eligible New Zealand citizen; and
partner is applying in Australia, your
fianc(e) or partner will be applying if you are the holder of a Woman at Risk
for permanent residence. In this form, (subclass 204)
the term migrate covers both. visa granted to you in the past 5 years,
the person you are sponsoring must not
For details on partner category visa have been your partner or former
processing, see booklet 1, partner when that visa was granted to
Partner Migration, which is available on the you.
Department of
Immigration and Border Protection (the Additional requirements
department) website For sponsors of a Prospective Marriage visa
www.border.gov.au/allforms/ applicant:
Further information on partner category you must be at least 18 years of age when
migration is available from the application is
www.border.gov.au or the departments lodged.
enquiry line (see information box on page
For sponsors of a Partner visa applicant:
4).
if your partner is applying on de facto
Integrity of sponsorship grounds, you must be
at least 18 years of age when the
The department is committed to application is lodged;
maintaining the integrity of the visa and if your partner is applying on spouse
citizenship programmes. In relation to this grounds, you must be
application, if you or a member of your family at least 18 years of age when the
unit: application is lodged, or, if you are under
provide, or have provided in a previous 18, your parent or guardian must sponsor
application, the visa applicant on your behalf, in which
fraudulent documents or false or case they should complete all information
misleading information (knowingly or on this form.
not); and/or
fail to satisfy, or have failed to satisfy
in a previous
your fianc(e) or partner in compelling
circumstances, which include:
if your previous partner has died; or
if your previous partner has abandoned
Partner means your spouse or de facto
the relationship,
partner (including same-sex partners).
leaving young children; or
If you are an Australian permanent resident if your relationship with your current
or eligible fianc(e) or partner is
New Zealand citizen, you are required to be long-standing; or
usually resident in
if you and your current fianc(e) or
Australia.
partner have children of
Note: If you are an eligible New Zealand your relationship.
citizen who is
sponsoring their fianc(e) or partner, in If you are a current or previous contributory parent category
addition to meeting visa
the usually resident requirement, you must holder
meet health and If you have been granted a permanent
character requirements. After your fianc(e) contributory parent category visa on or
or partner has after 1 July 2009, you are unable to
lodged their complete visa application sponsor a person for a partner or fianc(e)
(which will include your visa for 5 years from your visa grant date if
sponsorship application), the department you were in a married or de facto
will contact you to relationship with that person on or before
advise if you need to undertake health and/or the date you were granted the contributory
character checks. parent category visa.
If you have previously sponsored a partner or been There are some exceptions to this limitation
sponsored as a partner if you can provide compelling reasons.
Compelling reasons may include if your
Your partners visa application may be
partner was unable to migrate with you
refused if you are affected by the
because of a major
following sponsorship limitations that
family illness or other significant
are imposed if you:
obligations, other than financially-
have previously sponsored or related obligations. In this situation,
nominated* 2 other persons the
as a fianc(e) or partner for migration to department expects that you will be able to
Australia provide evidence of a change in
(including sponsorships/nominations circumstances that now allows your partner
you may have withdrawn but your to apply for the Partner or Prospective
former fianc(e) or partner obtained Marriage visa.
permanent residence on family violence
grounds); or
have sponsored another fianc(e) or partner *
Prior to 1 July 2002, persons who applied in
within the last Australia for migration
5 years; or to Australia as a partner were nominated by
were sponsored as a fianc(e) or partner their partner. Those
yourself within the who applied outside Australia as a fianc(e) or
last 5 years. partner were sponsored. Approved
sponsorships or nominations are those that
You may still be approved as sponsor of resulted in a visa being granted to the
applicant.
Reducing violence in the community have on any
children or the length of the
The Australian Government is relationship between you and
committed to reducing violence in the the visa applicant.
Australian community, including
family and sexual Note: If the visa application was
violence. As part of this commitment, lodged before 18 November
if you have been 2016, the requirements above do
convicted or charged with certain not apply to you, even if you
offences that may impact submit your Sponsorship form on
upon your eligibility to be approved or after 18 November 2016. The
as a sponsor. In order for requirements above only apply if
a visa to be granted you must give the visa application was lodged
the department permission on or after 18 November 2016.
to disclose any convictions to the visa
applicant. Further, Protection of children
where a visa applicant is under 18
The Australian Government is
years of age the department
also committed to protecting
asks for your permission to disclose
children against child sex
convictions to any other
offences and other serious
person who can lawfully determine
offences which may pose a
where the child lives.
significant risk to a child.
The department may ask you to
If you have been charged with a
provide one or both of the
registrable offence your
following:
sponsorship cannot be approved
an Australian National Police check and the visa application must be
(NPC) for you; and/or refused if one or more visa
a foreign police check for every applicant is under the age of 18
country in which you have when the department assesses
lived for a period of 12 months or and decides your sponsorship
more or a total period of unless the charges have been:
at least 12 months since the latest withdrawn; or
of the following dates:
dismissed; or
--10 years before the date of the
otherwise disposed of
request to provide the
without the recording
police check(s); or
of a
--the date you turned 16. conviction.
The department may refuse the visa If you have been convicted of a
application if: registrable offence, subject to
you are asked to provide the certain limited circumstances,
police checks but do not your sponsorship must be
provide them within a refused if one or more visa
reasonable time; or applicant is under the age of 18
you have been convicted of a when the department assesses
relevant offence/offences and decides your sponsorship
(listed later in this form) and you unless the conviction has been
have a significant criminal quashed or otherwise set aside.
record in relation to these relevant
offences.
If grounds to refuse your
sponsorship exist, the sponsorship
may still be approved if it is
reasonable to do so, for example,
after considering the length of time
since you completed the sentence,
the effect a refusal decision may
Exempt persons
The following people do not have to
s
Part B - Your details
2 Your full name (as shown in your passport or travel
3 Name in your own language or script (if applicable)
document)
a
4 Other ways you spell your name
m
F
i
a
l
m
y
i
l
n
y
a
m
n
e
a
G e
n
Attach proof
a of citizenship
and length of
m residence
1. Country
DAY MONTH YEAR
D
a
t
e
a
c
q
u
i
r H
e o
d w
a
H c
o q
w u
i
a r
c e
q d
u ?
i
10 Details from your passport
r
Passport number
e
d Country of passport
DAY MONTH YEAR
?
Date of issue
DAY MONTH YEAR
2. Country D
DAY MONTH YEAR a
D t
e
a
t o
e f
e
x
a p
c i
r
q y
u
I
i
s
r s
e u
i
d
n
g h
a o
u w
t n
h
o i
rit n
y/
y
P o
la u
c r
e
o p
f a
is s
s s
u p
e o
a r
s t
s
11 Your current residential address
POSTCODE
a
i
POSTCODE v
After hours ( ) ( ) n
a
14 Do you agree to the department communicating with you
by fax, email m
or other electronic means?
e
No
Yes Give details s
COUNTRY CODE AREA CODE
NUMBER
Fax number ( ) ( )
16 Fianc(e) or partners name in his/her own language
Email address or script
(if applicable)
i
18 Sex Male Female
l
DAY MONTH YEAR
y 19 Date of birth
MONT
H
YEAR
MONTH
YEAR
Yes When did you first meet?
Where did you first meet?
MONTH YEAR
POSTCODE
Your previous relationship details Name of overseas
If insufficient space, give additional details at Part L post/Australian office where
sponsorship or nomination was
27 Have you been married to a person other than the current visa lodged
applicant (including if you are still legally married to that person)?
No
Was a visa granted?
Yes Name of previous spouse
DAY
MONTH YEAR
DAY MONTH No Yes Date visa
YEAR
was granted
Date of birth
DAY
MONTH YEAR
Name of person
28 Have you ever been in a same-sex or opposite-sex de facto sponsored/nominated at time of
relationship with a person other than the current visa sponsorship or nomination
applicant?
No F
Yes Name of previous partner a
m
DAY MONTH
YEAR
i
Date of birth
l
Family name
Given names
Date of birth of person
Date sponsored/ nominated
relatio
Relationship to you (spouse, de facto
nship partner, fianc(e), interdependent partner)
starte
29 d
Name of overseas post/Australian
Date office where sponsorship or
relatio nomination was lodged
nship
ended
Was a visa granted? YEAR
D
Number of children from this relationship A
Y
Fa
mil
na
Gi
No
YEAR
Yes
Date relationship
Date visa ended
was granted
MONTH YEAR
DAY
How relationship
ended (eg. divorce,
MONTH
death)
Family name
Given names
Relationship to
you (spouse, de
facto partner,
fianc(e),
interdependent
partner)
30 Were you sponsored/nominated to Australia as a spouse, de The visa applicants previous relationship
facto details
partner, prospective spouse (fianc(e)) or interdependent If insufficient space, give additional details at Part L
partner?
No 32 Has the visa applicant been married to a person other
than you
Yes Give details
DAY MONTH YEAR (including if they are still legally married to that
Date of sponsorship/nomination person)?
No
Name of overseas
post/Australian office where Yes Name of previous spouse
sponsorship or nomination was
lodged DAY
MONTH
DAY MONTH YEAR
Date YEAR
DAY
MONTH
YEAR
Date of birth
Date
34 relationship
started
YEAR
r e
Date of birth
e n
Date
l d
relationship
a e
started
t d
Date
i Number of children
relationship
from this relationship
o
ended
n Has the visa applicant ever been
Number of children from this relationship
Part E - Details of members of the
5. Family name
family unit
Given names
35 Give details of ALL your fianc(e) or partners family unit DAY MONTH YEAR
members Date of birth Male
who are included in this sponsorship Female
Date of birth
2. Family name Country of
current
Given names
residence
DAY
Citizenship
MONT
H
m nc
e
i
Citi
l ze
ns
YEAR y
Male Female hip
7.
n F
a a
m m
e i
YEAR
l
Male Female y
8.
G
i n
v a
e m
n e
YEAR
Male Female
a G
m i
e v
s e
DAY MONTH YEAR
n
Date of birth
Male
Female
n
Country of
c a
u
m
r
r e
e s
n DAY MONTH YEAR
Date of birth e
Male v
Female n
e
s
Country of
c h n
i
u
r p
n
r
e F a
n a m
t
m e
r i s
e l
DAY MONTH YEAR
TO
FROM
TO
FROM
TO
FROM
TO
FROM
TO
FROM
TO
FROM
TO
FROM
TO
39 Have you ever:
in addition to any crime or offence disclosed in Yes
response to Question 37, been convicted of a
crime or offence in any
country (including any
conviction which is now
removed from official
records)? No
Yes
in addition to any crime or offence disclosed in
response to Question 37,
been charged with
any offence that is
currently awaiting legal
action? No
Yes
been acquitted of any criminal offence or
other offence on the grounds of mental illness,
insanity or unsoundness of mind? No
Yes
been removed or deported from any country
(including Australia)? No
Yes
left any country to avoid being removed or
deported? No
Yes
been excluded from or asked to leave any
country (including Australia)? No
Yes
committed, or been involved in, the commission
of war crimes or crimes against humanity or
human rights? No
Yes
been involved in any activities that would
represent a risk to Australian national security? No
Yes
had any outstanding debts to the Australian
Government or any public authority in Australia? No
Yes
been involved in any activity, or been convicted
of any offence, relating to the illegal movement
of people to any country (including Australia)? No
Yes
served in a military force or state
sponsored/private militia, undergone any
military/paramilitary training, or been trained
in
weapons/explosives use (however described)?
No
f l
a o
c a
t n
o
p
a P
r u
t b
n l
e i
r c
h
o
S u
i s
b i
l n
i g
n Rent
Ms Other
Family name
Yes G
50
i
POSTCODE
Mobile/cell
Part J - Options for
Is the person an agent registered with the Office of the Migration receiving written
Agents Registration Authority (Office of the MARA)? communications
No
Yes Go to Part J All written communications about this application should
be sent to:
(Tick one box only)
Is the person/agent in Australia?
Myself
No Go to Part J
Yes OR
Authorised You should complete form
Did you pay the person/agent and/or give a gift for this assistance? 956A Appointment
No
recipient
or withdrawal of an authorised
ORrecipient
Mig
ratiYour migration agent/exempt
on person should complete form 956
ageAdvice by a migration
nt
agent/exempt person of providing
ORimmigration assistance
Exe
mpt
pers
on
Part K - Undertaking, s
o
declaration, r
acknowledgement
and consent
51 Undertaking
For sponsors of a Prospective Marriage visa applicant:
I agree to accept responsibility for:
all financial obligations to the
Commonwealth incurred by my
fianc(e) arising from their stay in
Australia;
my fianc(e)s compliance with all relevant
legislation and awards in
relation to any employment they enter into in
Australia;
my fianc(e)s compliance with the conditions of their
Prospective
Marriage visa.
For sponsors of a Partner visa applicant:
I agree to assist my partner, to the extent necessary:
financially;
in relation to accommodation in the first 2 years
immediately
after their Partner visa is granted (if they were
granted the visa in
Australia) or their first entry to Australia as a
holder of the Partner visa (if they were granted
the visa outside Australia).
S
i
g
n
a
t
u
r
e
o
f
s
p
o
n
Name
Declaration
Date WARNING: Giving false or misleading information or documents is a
serious offence.
Consent
I declare that:
I consent to:
the information I have given in this form is 1442i Privacy notice.
complete, correct and
up-to-date; S
i
I will inform the department, in writing, if my g
relationship with n
my fianc(e) or partner breaks down, they a
die or I withdraw my t
sponsorship; u
I understand that I may be prosecuted if I give r
false or misleading e
information or bogus documents, or mislead or
deceive an officer of
the department. o
I have read the information contained in form 1442i Privacy f
notice.
s
I understand the department may collect, use and disclose
p
my
o
personal information (including biometric
n
information and other
s
sensitive information) as outlined in form
o the department obtaining information relevant to
r my sponsorship
- from other government and non-government
bodies including but
Name
not limited to:
DAY MONTH YEAR
--federal, state or territory government agencies;
Date
- federal, state, or territory law enforcement agencies;
- state or territory housing authorities (including
private landlords);
- local government authorities;
- financial institutions;
- educational institutions;
- private businesses (including telecommunication and
internet
service providers and insurance companies).
the department disclosing to the visa applicant(s)
any convictions I
have for relevant offences.
S
i
g
n
a
t
u
r
e
o
f
s
p
o
n
s
o
r
-
Name
DAY MONTH YEAR
Date