Form 40SP: Sponsorship for a Partner to Migrate to Australia
Form 40SP is completed by the sponsor — the Australian citizen, permanent resident, or eligible New Zealand citizen — as part of a partner visa application. This guide explains who can sponsor, the lifetime sponsorship limits, the five-year wait rule, and what the Department assesses.
The sponsor's role in a partner visa application
Form 40SP — formally titled "Sponsorship for a Partner to Migrate to Australia" — is the form completed by the sponsor as part of an Australian partner visa application. It is lodged online through ImmiAccount alongside the applicant's Form 47SP.
The form serves three purposes: it collects the sponsor's personal details, it assesses whether the sponsor meets the eligibility requirements to sponsor, and it records the sponsor's commitment to the relationship and to the applicant's welfare in Australia.
Unlike the visa application itself, the sponsorship application carries no fee. However, a sponsor who does not meet the eligibility requirements will not be approved, and an unapproved sponsorship will result in the visa application being refused regardless of the strength of the relationship evidence.
"The sponsorship assessment is often treated as a formality by applicants and sponsors. In my experience, it is anything but. A sponsor with undisclosed criminal history, a previous sponsorship within five years, or a domestic violence order on record will cause the entire application to fail — regardless of how strong the relationship evidence is."
— Nilesh Nandan, Immigration Lawyer (27 years)
Who can complete Form 40SP?
To be approved as a sponsor, you must meet all of the following requirements at the time the sponsorship is assessed:
What information does Form 40SP require?
Form 40SP is completed online through ImmiAccount. It is divided into three main sections:
Sponsor's personal details
- Full name, date of birth, and country of birth
- Current residential address and contact details
- Citizenship or permanent residency status (with evidence)
- Passport details
- Tax File Number (optional but recommended)
Relationship history with the applicant
- How and when you met the applicant
- The nature of the relationship (married, de facto, engaged)
- Date the relationship commenced
- Whether you have lived together and for how long
- Details of any periods of separation
- Future plans as a couple
Sponsorship history and character declarations
- Whether you have previously sponsored a partner visa applicant
- Whether you have previously been sponsored as a partner visa applicant
- Dates of any previous sponsorships (to assess the five-year wait rule)
- Criminal history declarations
- Whether any domestic violence orders have been made against you
- Whether you have been convicted of any offence involving a child
Previous sponsorships and the five-year wait
One of the most misunderstood aspects of Form 40SP is the five-year wait rule. Under the Migration Regulations 1994, if you have previously sponsored a partner visa applicant, or if you were previously sponsored as a partner visa applicant yourself, 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. It applies whether you were the sponsor or the sponsored person. The five years is calculated from the date the previous visa was granted — not from when the application was lodged or when the relationship ended.
The Department may waive the five-year wait in compelling and compassionate circumstances. The most common ground for waiver is where the previous relationship ended due to family violence. However, a waiver is not automatic — it requires a formal request supported by evidence.
If you came to Australia on a partner visa yourself (as the applicant), you are subject to the five-year wait before you can sponsor a new partner. This catches many people by surprise — particularly those who have remarried or entered a new relationship after their previous partner visa was granted.
Five mistakes sponsors make on Form 40SP
The Department cross-checks sponsorship history. Failing to disclose a previous sponsorship — even one that was refused or withdrawn — is treated as a material omission and can result in the sponsorship being refused on character grounds, separate from the underlying eligibility issue.
The sponsor's Form 40SP and the applicant's Form 47SP are cross-checked against each other and against all supporting documents. Inconsistencies in relationship history, dates, or personal details are a significant red flag. Both forms must be reviewed together before lodgement.
Even minor criminal offences must be disclosed. Sponsors sometimes assume that spent convictions or minor traffic offences do not need to be declared. The Department's character assessment is broad — undisclosed history discovered during processing will result in the sponsorship being refused.
Sponsors who have previously sponsored a partner, or who were previously sponsored themselves, sometimes miscalculate the five-year wait. The calculation runs from the date the previous visa was granted — not from when the relationship ended or when the previous application was lodged.
Form 40SP asks about the relationship history in detail. Sponsors who provide vague or minimal answers — particularly about how the relationship developed, periods of separation, and future plans — undermine the overall application. The sponsorship assessment and the visa assessment are conducted together.
"I have seen applications refused because the sponsor forgot to mention a partner visa they sponsored 15 years ago. The Department's records go back decades. If you have any previous sponsorship history — even if the visa was refused, withdrawn, or the relationship ended long ago — it must be disclosed and the five-year rule must be checked."
Form 40SP — common questions
Questions about your sponsorship eligibility?
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