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Australia Form 40 SP

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The key takeaways are that a sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen and meet other requirements depending on the visa type. The sponsor agrees to assist the partner financially and with accommodation and consents to the department collecting and disclosing their personal information.

To be eligible to sponsor a partner, the sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen. Additional requirements apply depending on whether sponsoring a prospective marriage or partner visa applicant. The sponsor also cannot have sponsored more than 2 other partners previously unless compelling circumstances exist.

The sponsor agrees to assist the partner financially and with accommodation for the first 2 years after the partner visa is granted. For a prospective marriage visa, the sponsor also agrees to be responsible for the applicant's financial obligations, employment and visa compliance.

F

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

COMMONWEALTH OF AUSTRALIA, 2016 40SP (Design date 11/16b) - Page 1


How to sponsor lodged together.
You must ensure that you: If your fianc(e) or partner is
are eligible to sponsor your fianc(e) applying outside Australia and you
or partner (for are able to demonstrate difficulty in
example, you may not be able to forwarding mail to your fianc(e) or
sponsor if you are the partner, you should lodge this form
holder of a Refugee Woman at Risk at the nearest office of the
(subclass 204) visa or you are subject to department in Australia. That office
sponsorship limitations - you will need will forward the sponsorship to the
to discuss your individual Australian mission nearest your
circumstances with the nearest office fianc(e) or partner.
of the department); Note: After your fianc(e) or partner
complete and sign this form; and has lodged their partner category visa
send this form to your fianc(e) or application, and before a decision is
partner before your made on their visa, providing location
fianc(e) or partner lodges their requirements can be met, your
application. fianc(e) or partner may be able to
have added to their
Your fianc(e) or partner should: application a member of your family
complete a form 47SP Application unit who was previously not included
for migration to in the application as a person
Australia by a partner; and migrating to
if applicable, arrange for a form 47A Australia with your fianc(e) or
Details of child or partner. In addition to your
other dependent family member aged 18 fianc(e) or partner having to notify
years or over to the department in writing of this
be completed and signed by each addition, you may have to complete a
member of the family new form 40SP to include that member
unit of your fianc(e) or partner who of the family unit with your fianc(e)
is aged 18 years or or partner and any other family
over (whether or not they are migrating members you are sponsoring to
with your fianc(e) or partner). migrate to Australia.
Your partner should lodge these form(s),
together with this sponsorship form, by Family members included in this sponsorship
post or courier your application to the application
relevant Partner Processing Centre if you
In this sponsorship application you will
are applying in
be asked for information about each
Australia, or Australian mission if you
member of the visa applicants family
are applying outside
unit even if
Australia. Attach any documentation
they do not intend to migrate with the
you are required to
visa applicant.
provide with your application. A list of the
Information about which family
Partner Processing Centres can be found
members are considered to be a
on the departments website at
member of the visa applicants family
www.border.gov.au/about/contact/office
unit for migration
s-locations
purposes is available by referring to
When you send this form to your fianc(e) form 1496i Including family members in
or partner, it is your application. Form 1496i is
important that you tell them that the form available from the departments
47SP, the form(s) website www.border.gov.au/allforms/
47A (if applicable), this sponsorship form, or offices of the department. You
any supporting should ensure that you read and
documentation and the visa application understand form 1496i before
charge (or evidence completing this form.
that the charge has been paid) must be
What documents do you need? As a sponsor for your fianc(e) or
partners visa application to migrate to
The department will need proof of Australia, you sign a sponsorship
your relationship with your fianc(e) undertaking at the end of this form.
or partner.
If your fianc(e) applies for and is
It will help your fianc(e) or granted a Prospective
partners application if you send with Marriage visa, as sponsor you
this form any documents that confirm will be responsible for all
your relationship. If you have financial obligations to the
changed your name since birth, you Commonwealth that your fianc(e)
should also provide evidence of this. might incur during the period he/she is
in Australia.
You will also need to send evidence of
your permanent resident If your partner applies for and is
status in Australia (for example, a granted a Partner visa, as sponsor
certified copy of the relevant you agree to provide adequate
pages of your passport identifying the accommodation and financial
Australian permanent assistance as required to meet your
resident visa or Resident Return visa partners
label) or proof that you are an eligible reasonable living needs. If your
New Zealand citizen*. An Australian partner is applying outside
citizen will need to send a certified Australia, this assistance would
copy of their citizenship certificate or, cover their first 2 years in
if Australia. If your partner is applying in
Australian-born, a certified copy of their Australia, this assistance would cover
full birth certificate. If you are unsure the 2 years following the grant of
about the documents needed to do his/her partner visa. You are also
this, contact the nearest office of the required to provide financial and other
department. support, such as childcare, that
will enable your partner to attend
You will also need to demonstrate
appropriate English classes.
that you will be able to
meet your sponsorship By signing the undertaking, you
obligations as undertaken by you will also be agreeing to
when you complete and sign this form provide information and advice to
(see Your sponsorship undertaking help your fianc(e) or
below). The information requested on partner settle in Australia. This
this information and advice should
form, including documents relating to include telling your partner about
your employment and income, will employment in Australia.
assist the decision-maker in deciding
whether you are able to meet these
obligations.
If you are sending copies of
documents, they will need to be *
An eligible New Zealand citizen is a
certified as true copies of the original person who at the time of last
by a person authorised to witness entry to Australia would have met health
and character checks and:
statutory declarations (for a list of
held a Special Category (Subclass 444) visa
prescribed persons, see Statutory on 26 February 2001; or
declarations in booklet 1, Partner
held a Special Category (subclass 444) visa
Migration). It is in your interest to that was in force for at
provide all the documents requested least one year in the two years before 26
with the application. Failure to do so February 2001; or
may result in processing of the has a certificate, issued under the Social
application being delayed. Security Act 1991, that states
the citizen, for the purposes of the Social
Security Act 1991, was residing in Australia
Your sponsorship undertaking

40SP (Design date 11/16b) - Page 2 COMMONWEALTH OF AUSTRALIA, 2016


on a particular date (note that Centrelink It is important that your fianc(e) or
stopped accepting applications for these partner and his or her
certificates in February 2004). members of the family unit
understand that a good standard
of spoken and written English is
essential if they want to work
in Australia. Without these skills, it
will be very difficult for
them to gain employment at a level
commensurate with their job skills
and qualifications. They should
therefore assess their own
employment prospects in
Australia, whether or not they
intend to work immediately.

Important information about privacy


Your personal information is protected
by law, including the Privacy Act 1988.
Important information about the
collection, use and disclosure (to
other agencies and third parties,
including overseas entities) of
your personal information,
including sensitive information, is
contained in form 1442i
Privacy notice. Form 1442i is available
from the departments website
www.border.gov.au/allforms/ or
offices of the
department. You should ensure that
you read and understand form 1442i
before completing this form.
Note: Under section 234 of the
Migration Act 1958 (the Act), you may
be prosecuted for deliberately
providing false or
misleading information to the
department.
When sponsorship applications
present potential child
protection issues, the
department may provide the
information that raises child
protection concerns to the visa
applicant(s) and any non-migrating
person who can lawfully determine
where the applicants migrating
minor child may live. See Protection
of children on page 2.

Obtaining information about you from


other agencies and organisations
Under section 56 of the Act, the
department may seek information
about you that is relevant to your
sponsorship application from other or experience in
agencies and organisations. The migration procedure to assist you
agencies/organisations may with your visa application, request
include: for ministerial intervention,
federal, state or territory government cancellation review
agencies; application, sponsorship or nomination.
federal, state or territory law In Australia a person may only
enforcement agencies; lawfully give immigration
state or territory housing authorities assistance if he or she is a
(including private registered migration agent or is
landlords); exempt from being registered.
local government authorities; Only registered migration
agents may receive a fee or reward
financial institutions;
for providing immigration assistance.
educational institutions;
If an unregistered person in Australia,
private businesses (including
who is not exempt from registration,
telecommunication and
gives you immigration assistance they
internet service providers,
are
insurance companies); and
committing a criminal offence and may
any other relevant businesses or be prosecuted.
agencies.
Migration agents in Australia
Immigration assistance Migration agents in Australia must be
A person gives immigration registered with the Office of the
assistance to you if he or she uses, or Migration Agents Registration
claims to use, his or her knowledge Authority (Office of the MARA) unless
they are exempt from registration.
Migration agents outside Australia be a registered migration agent
Migration agents who operate outside in order to provide immigration
assistance, but they
Australia do not have to be
must not charge a fee for their
registered. The department may give service:
some overseas agents an
a close family member
ID number. This number does not mean (spouse, de facto partner,
that they are registered. child,
Note: Some Australian registered parent, brother or sister);
migration agents operate a member of parliament or their
overseas. staff;
an official whose duties
Migration agent information
include providing
A migration agent is someone who can: immigration
advise you on the visa that may best assistance (eg. a Legal Aid
suit you; provider);
tell you the documents you need to a member of a
submit with your diplomatic mission,
application; consular post or
help you fill in the application and international
submit it; and organisation.
communicate with the Appointing a migration agent/exempt person
department on your behalf.
To appoint a migration
If you appoint a migration agent, the
agent/exempt person you
department will assume that your should complete Part J -
migration agent will be your Options for receiving written
authorised recipient, unless you communications.
indicate otherwise. Your migration agent/exempt
Your migration agent will be the person should complete form
person with whom the department 956 Advice by a migration
will discuss your application and agent/exempt person of
from whom it will seek further providing immigration
information when required. assistance.
You are not required to use a Form 956 is available from the
migration agent. However, if you departments website
use a migration agent, the www.border.gov.au/allforms/
department encourages you to use
a registered migration agent.
Registered agents are bound by
the Migration Agents Code of
Conduct, which requires them
to act professionally in their clients
lawful best interests.
Information on migration agents,
including a list of registered
migration agents, is available on the
Office of the MARA
website www.mara.gov.au
You can also access information about
migration agents on the departments
website www.border.gov.au

Exempt persons
The following people do not have to

COMMONWEALTH OF AUSTRALIA, 2016 40SP (Design date 11/16b) - Page 3


Options for receiving written communications information, for
example, health, police checks,
If you do not appoint a migration financial viability and personal
agent/exempt person you may still relationships. Electronic
authorise another person, in writing, to communications, unless adequately
receive encrypted, are not secure and may be
written communications on your behalf. viewed by others or
This person is called the authorised interfered with.
recipient.
If you agree to the department
Authorised recipient information communicating with you by
All written communication about your electronic means, the details you
application will be sent provide will only be used by
to your authorised recipient, unless you the department for the purpose for
indicate that you wish which you have provided
to have health and/or character them, unless there is a legal
information sent directly to obligation or necessity to use
you. them for another purpose, or you
have consented to use for another
The department will communicate with
purpose. They will not be added to
the most recently
appointed authorised recipient as you any mailing list. The Australian
may only appoint one Government accepts no responsibility
authorised recipient at any time for a for the security or integrity of any
particular application. information sent to the department over
the internet or by other electronic
You will be taken to have received any
documents sent to that person as if they means.
had been sent to you. If you authorise another person to
To appoint an authorised recipient you receive documents on your behalf and
should complete: they wish to be contacted
electronically, their
Part J - Options for receiving written signature is required on form 956
communications; and
or 956A to indicate their consent to
form 956A Appointment or withdrawal of an this form of communication.
authorised
recipient. Note: Electronic communication is
the fastest means of
Note: Migration agents/exempt communication available and the
persons do not need to complete form department prefers to
956A. communicate electronically
Form 956A is available from the because this results in faster
departments website processing.
www.border.gov.au/allforms/

Consent to communicate electronically Home page www.border.gov.au


The department may use a range of means General Telephone 131 881 during
to communicate with you. However, business hours
electronic means such as fax or email will enquiry line in Australia to speak to an
only be used if you indicate your operator (recorded
agreement to receiving information available
communication in this way. outside these hours). Ifyou
To process your application the are outside Australia, please
department may need to contact your nearest
communicate with you about sensitive Australian mission.

Please keep these information pages for your reference


Form
Sponsors
hip for a 40SP
partner
to
migrate to
Australia
i

Please use a pen, and write neatly in English using e


BLOCK LETTERS. n
Tick where applicable 3

Part A - Application overview n

1 How many people are included in this sponsorship for a


migration? m

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

40SP (Design date 11/16b) - Page 4 COMMONWEALTH OF AUSTRALIA, 2016


G
8 What is your citizenship/residence status in Australia?
i (Tick one box only)
Australian citizen by birth Please attach
v
proof
e
Australian citizen by grant Date of arrival in
n Australia
DAY MONTH
YEAR

n
Attach proof
a of citizenship
and length of
m residence

e Permanent resident Date of arrival in


s Australia
of Australia DAY MONTH
YEAR

5 Sex Male Female Attach proof of


length of
residence
DAY MONTH YEAR

6 Date of birth Eligible New Zealand citizen Length of


residence in Australia Note: For definition of
7 Place of birth eligible New Zealand citizen, Please attach
Town/city proof
see footnote on page 3.
Country
9 If you hold any nationality or citizenship other than
Australian
citizenship, please give details

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

Note: If your residential address is not in Australia, m


please attach a statement at the end of this form
outlining how you will meet your sponsorship e
obligations. See Question 52 Undertaking

12 Address for correspondence


(If different to your residential address)
G

i
POSTCODE v

13 Your telephone numbers e


COUNTRY CODE AREA CODE
NUMBER
n
Office hours ( ) ( )

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)

Part C - Fianc(e) or partners


details
15 Fianc(e) or partners full name (as shown in passport
17 Other ways your fianc(e) or partner spells his/her
or travel document) name
F
Family name
a
Given names
m

i
18 Sex Male Female
l
DAY MONTH YEAR
y 19 Date of birth

COMMONWEALTH OF AUSTRALIA, 2016 40SP (Design date 11/16b) - Page 5


Part D - Relationship details
20 Fianc(e) or partners residential address
Note: You must inform the department if your
relationship ends before your fianc(e) or partners visa
application is decided.
Your current relationship details

21 What is your current relationship status with the visa


applicant?
DAY

MONT
H

YEAR

Married Date of marriage


Place of marriage

Engaged Date of intended marriage

De facto Date relationship began

22 Are you related to the visa applicant by blood, marriage


or adoption?
No
Yes

23 Have you and the visa applicant met in person?


Note: If you have only met over the internet, tick No.
No
DAY

MONTH

YEAR
Yes When did you first meet?
Where did you first meet?

24 When did you and the visa applicant DAY

MONTH YEAR

commit to a shared life


together to the
exclusion of all others?

25 Since you and the visa applicant committed to a shared


life together to
the exclusion of all others, have you lived separately
and apart for any
p
eriods
or
time?
26 Were you forced or coerced into entering this
No
relationship with the
Yes Give details of periods and reasons for the visa applicant?
separation
No
Yes

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

Date relationship ended


How relationship ended (eg.
divorce, death)
Date of marriage

Date marriage ended


DAY
How did the marriage end? 2
(eg. divorce, separation, or if still married, reason . MONTH YEAR
why) Date application
lodged for
previous
sponsorship/nomin
Number of children from this relationship ation

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

40SP (Design date 11/16b) - Page 6 COMMONWEALTH OF AUSTRALIA, 2016


DAY
MONTH
YEAR
Given names

If applicable, other names this person is, or has been, known by


(including name at birth, previous married names, aliases)

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

Have you previously sponsored/nominated a M


O
spouse, de facto partner, prospective spouse N
(fianc(e)) or interdependent partner? T
H
No Yes How many times?

Give the following details for


EACH time you have
sponsored/nominated.
If insufficient space, give additional
details at Part L ven names
DAY
1. Date application lodged for
previous sponsorship/nomination

Name of person sponsored/nominated


at time of sponsorship or nomination

Fa

mil

na

Gi
No
YEAR
Yes
Date relationship
Date visa ended
was granted
MONTH YEAR
DAY
How relationship
ended (eg. divorce,
MONTH

death)

If applicable, other names this person is, or has been, known by


(including name at birth, previous married names, aliases)

Family name

Given names

DAY MONTH YEAR


Date of birth of person
sponsored/ nominated

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

relation Date of birth

ship Date of marriage


ended Date marriage ended
How How did the marriage end?
relation (eg. divorce, separation, or if still married,
ship reason why)
ended
(eg. divorce, death)

31 Have you ever been granted a contributory parent category


visa?
No
DAY MONTH YEAR
Yes Date of visa Number of children from this relationship
grant
33Has the visa applicant ever been in a same-sex or
opposite-sex de facto relationship with a person
other than you?
No
Yes Name of previous partner

DAY

MONTH

YEAR

Date of birth

Date
34 relationship

started

COMMONWEALTH OF AUSTRALIA, 2016 40SP (Design date 11/16b) - Page 7


engaged to be married to a person other than you?
D s
No
a h
Yes Name of previous fianc(e)
t i
DAY
e p
MONTH

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

1. Family name Country of


c
Given names
ur
DAY MONTH YEAR
re
nt
re
si
d
e
n
c
e
Ci
tiz
e
n
s
hi
p
Date of birth p Country of
Country of current residence Citizenship
current 3. Family name
residenc
Given names
e
DAY
Citizenshi
p MONTH

Date of birth
2. Family name Country of
current
Given names
residence
DAY
Citizenship
MONT
H

Date of birth 4. Family name


Country of Given names
current DAY
residenc
MONTH
e
Date of birth
Citizenshi

40SP (Design date 11/16b) - Page 8 COMMONWEALTH OF AUSTRALIA, 2016


Male Female t
6. F
res
a ide

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

s Date of birth Male


y Female
i
Country of
d
cur
e
n ren
n
a t
c
res
e m
ide
e nc
C
e
i
Citi
t
ze
i
G ns
z
i hip
Part F - Protection of children
36 Are you sponsoring a child aged under 18 years?
No
Yes

37 Have you ever:


specifically, been convicted of a crime or
offence in
any
country
(including
any
conviction
which is
now
removed
from
official
records),
relating to
persons
under the
age of 18,
including
but not
limited to:
child
abuse,
child
sex,
endangeri
ng a child,
indecent
dealings
with
a child, or possession of child pornography? No Yes
specifically, been charged with any offence
that is currently awaiting legal action, in any
country,
relating to
persons
under the
age of 18,
including
but not
limited to:
child
abuse,
child
sex,

COMMONWEALTH OF AUSTRALIA, 2016 40SP (Design date 11/16b) - Page 9


endangeri
ng a child,
indecent
dealings
with
a child, or possession of child pornography? No Yes

If you answered Yes to either of


the above questions, you should
give ALL relevant details. If the
matter relates to a criminal
conviction, please give the nature
of the offence, full details of the
sentence and dates of any period
of imprisonment or other
detention.

Part G - About your character


38 In which countries have you lived for 12 months (in total) or more during the last 10 years?
Dates lived there
Country MONTH YEAR Last permanent address in that country
FROM

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

40SP (Design date 11/16b) - Page 10 COMMONWEALTH OF AUSTRALIA, 2016


If you answered Yes to any of the questions at Question 39, you against a law of the Commonwealth, a state, a territory
must give ALL relevant details. If the matter relates to a criminal or a foreign country, involving any of the following
conviction, please give the nature of the offence, full details of the matters:
sentence and dates of any period of imprisonment or other violence against a person, including (without
detention. limitation) murder,
assault, sexual assault and the threat of
violence;
the harassment, molestation, intimidation or stalking of
a person;
the breach of an apprehended violence order, or a
similar order,
issued under a law of a state, a territory or a foreign
country;
firearms or other dangerous weapons;
people smuggling;
human trafficking, slavery or slavery-like practices
(including forced
marriage), kidnapping or unlawful confinement;
attempting to commit an offence involving any
of the matters
mentioned above or below;
aiding, abetting, counselling or procuring the
commission of an
offence involving any of the matters mentioned
above.
You are considered to have a significant criminal
record in relation to an relevant offence or relevant
offences if, for that offence or those offences you have
been sentenced to:
death; or
imprisonment for life; or
The department may ask you to provide Australian or foreign a term of imprisonment of 12 months or more; or
police checks to assess if you have any relevant offences and a 2 or more terms of imprisonment, where the total of
significant criminal record. those terms is
A relevant offence is defined for these purposes as an offence 12 months or more.
Part H - About your home g
Other Specify
40 Type of dwelling:
46
44 Ownership of dwelling:
House 47
Flat Own outright
Other Specify P
a
41 How many bedrooms does the dwelling have? y
i
42 How many people live in the dwelling?
n
43 What is the relationship of these people to you? g
Child
Parent h
Spouse o
D m
e e

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

COMMONWEALTH OF AUSTRALIA, 2016 40SP (Design date 11/16b) - Page 11


48 Part I - Assistance with this
Other Specify
form
45 Will the person you are sponsoring be living with you? Did you receive assistance in
No What accommodation do you propose for the completing this form?
person 49
you are sponsoring? No Go to Part J
Yes Please give details of the person who
assisted you

Title: Mr Mrs Miss

Ms Other

Family name

Yes G
50
i

POSTCODE

Telephone number or daytime contact


COUNTRY CODE AREA CODE
NUMBER
Yes
Office hours ( ) ( )

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

40SP (Design date 11/16b) - Page 12 COMMONWEALTH OF AUSTRALIA, 2016


I
Acknowledgement have compelling circumstances;
I acknowledge and accept that: my fianc(e)s or partners visa application may be
my partner may be granted the permanent Partner visa even if refused or their
our relationship breaks down and I withdraw my sponsorship (for visa cancelled if I have given false or misleading
information or
example, on grounds of family violence or child of the relationship);
bogus documents;
if the relationship between my fianc(e) or partner breaks down,
the visa application may be refused if I dont provide a
Australian privacy laws prevent me from receiving further advice
police check
or information in relation to the progress or status of their
if one is requested or if I have convictions for relevant
visa application; offences and
I cannot sponsor another fianc(e) or partner until 5 years have a significant criminal record;
passed from the date my current fianc(e) or partner makes their the visa application will be refused if I dont consent to
application, unless I have compelling circumstances; the
I cannot sponsor more than 2 fianc(e)s or partners in total, unless department disclosing my convictions to the visa
applicants.
-
Signature
Name
of sponsor -
DAY MONTH YEAR

Date DAY MONTH YEAR

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

We strongly advise that you keep a copy of


your application and all attachments for your
records.
Part L - Additional information
52 Question number Additional information

40SP (Design date 11/16b) - Page 14 COMMONWEALTH OF AUSTRALIA,


AUSTRALIA,2016
2016 40SP (Design date 11/16b) - Page 13

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