Form 40SP: Sponsorship for a Partner to Migrate to Australia
Questions and answers
Who completes Form 40SP?
Form 40SP is completed by the sponsor — the Australian citizen, permanent resident, or eligible New Zealand citizen who is sponsoring their partner to migrate to Australia. The visa applicant (the person seeking to migrate) completes a separate form, Form 47SP. Both forms must be submitted as part of a valid partner visa application.
Is there a fee for lodging Form 40SP?
No. There is no application fee for the sponsorship application (Form 40SP). The visa application fee is paid by the applicant when lodging Form 47SP. However, the sponsorship must be approved before or at the same time as the visa application is assessed.
How many times can I sponsor a partner?
Under Regulation 1.20J of the Migration Regulations 1994, a person may only sponsor two partner visa applicants in their lifetime. Additionally, if you have previously sponsored a partner (or been sponsored yourself), you must wait five years before sponsoring again — unless you can demonstrate compelling and compassionate circumstances. The five-year wait applies from the date the previous visa was granted, not from when the application was lodged.
Can I sponsor a partner if I have a criminal history?
It depends on the nature of the offence. A sponsor will not be approved if they have been convicted of a registrable offence involving a child, or if they have been subject to a domestic violence order. Other criminal history is assessed on a case-by-case basis. The Department may request a police clearance certificate as part of the sponsorship assessment. If you have any criminal history, seek legal advice before lodging.
What is the five-year wait rule for sponsors?
If you have previously sponsored a partner visa applicant (or been sponsored yourself as a partner visa applicant), you must wait five years from the date the previous visa was granted before you can sponsor again. This rule applies even if the previous relationship has ended. The Department may waive this requirement in compelling and compassionate circumstances — for example, where the previous relationship ended due to family violence.
What happens if Form 40SP is inconsistent with Form 47SP?
Inconsistency between the sponsor's Form 40SP and the applicant's Form 47SP is one of the most common causes of partner visa refusals. The Department cross-checks both forms and supporting documents. If there are discrepancies in dates, relationship history, or personal details, the Department may issue a Section 56 request for further information or refuse the application on the basis that the relationship is not genuine. Both forms must be reviewed together before lodgement.
Can I withdraw my sponsorship after the visa is granted?
Once a partner visa has been granted, the sponsorship cannot be withdrawn in a way that affects the visa holder's status. However, if the relationship breaks down after the temporary visa is granted but before the permanent visa is assessed, the visa holder may still be eligible for the permanent visa under the family violence provisions if they have experienced family violence during the relationship. Sponsors should be aware that withdrawing support does not automatically cancel the visa.
Do I need to lodge Form 40SP before or at the same time as Form 47SP?
Both forms are lodged as part of the same application through ImmiAccount. The sponsor creates their own ImmiAccount, completes Form 40SP online, and links it to the applicant's application using the Transaction Reference Number (TRN). The sponsorship and visa applications are assessed together. The sponsorship does not need to be approved before the visa application is lodged — they are processed concurrently.