Question 1

Who can complete Form 40SP?

Accepted Answer

The sponsor — an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is at least 18. A temporary visa holder cannot sponsor a partner. It is completed online through ImmiAccount.

Question 2

What is the two-sponsorship limit for partner visas?

Accepted Answer

Under the Migration Regulations 1994 (Cth) reg 1.20J, a sponsor may sponsor no more than two partner visa applicants in their lifetime, regardless of whether the earlier visa was granted or refused, and generally with at least five years between sponsorships.

Question 3

Can I sponsor a partner if I have a criminal history?

Accepted Answer

Possibly, but the sponsor must provide police checks, and where the sponsor has certain convictions the Department must disclose them to the applicant and may refuse to approve the sponsorship. Get advice before lodging.

Question 4

What happens if Form 40SP is inconsistent with Form 47SP?

Accepted Answer

The two forms are assessed together, and inconsistency between them is a common cause of refusal, engaging Public Interest Criterion 4020. The sponsor's and applicant's accounts of the relationship must match.

Question 5

Do I lodge Form 40SP before or at the same time as Form 47SP?

Accepted Answer

They are lodged together as one partner application through ImmiAccount, with the sponsorship assessed alongside the visa application.

Form 40SP: Sponsorship for a Partner to Migrate to Australia

Who can complete Form 40SP?