40SP (Design date 11/13) - Page 3© COMMONWEALTH OF AUSTRALIA, 2013
What documents do you need?
The department will need proof of your relationship with your
fiancé(e) or partner.
It will help your fiancé(e) or partner’s application if you send
with this form any documents that confirm your relationship.
If you have changed your name since birth, you should also
provide evidence of this.
You will also need to send evidence of your permanent
resident status in Australia (for example, a certified copy of the
relevant pages of your passport identifying the Australian
proof that you are an eligible New Zealand citizen
Australian citizen will need to send a certified copy of their
citizenship certificate or, if Australian-born, a certified copy of
their full birth certificate. If you are unsure about the
documents needed to do this, contact the nearest office of the
You will also need to demonstrate that you will be able to
meet your sponsorship obligations as undertaken by you
when you complete and sign this form (see ‘Your sponsorship
undertaking’ below). The information requested on this
form, including documents relating to your employment and
income, will assist the decision-maker in deciding whether you
are able to meet these obligations.
16 years of age, you will need to provide an AFP National
Australia since turning 16 years of age, you must provide
police certificates from each country in which you have spent
16 years of age. You must provide the original police
If you are required to submit an AFP National Police Check,
you must complete the AFP National Police Check application
form which is available from the AFP website www.afp.gov.au
You should use Code 33 at Question 1 on the form and
include details of any, and all, names you have been known by.
If an AFP Certificate is provided based on incorrect
information, the department may request another certificate.
Fingerprints are not required for AFP National Police Checks.
If you are sending copies of documents, they will need to be
certified as true copies of the original by a person authorised
to witness statutory declarations (for a list of prescribed
persons, see ‘Statutory declarations’ in booklet 1, Partner
It is in your interest to provide all the documents requested
with the application. Failure to do so may result in processing
of the application being delayed.
Your sponsorship undertaking
As a sponsor for your fiancé(e) or partner’s visa application to
migrate to Australia, you sign a sponsorship undertaking at the
end of this form.
If your fiancé(e) applies for and is granted a Prospective
Marriage visa, as sponsor you will be responsible for all
financial obligations to the Commonwealth that your fiancé(e)
might incur during the period he/she is in Australia.
If your partner applies for and is granted a Partner visa, as
sponsor you agree to provide adequate accommodation and
financial assistance as required to meet your partner’s
reasonable living needs. If your partner is applying outside
Australia. If your partner is applying in Australia, this assistance
visa. You are also required to provide financial and other
support, such as childcare, that will enable your partner to
attend appropriate English classes.
By signing the undertaking, you will also be agreeing to
provide information and advice to help your fiancé(e) or
partner settle in Australia. This information and advice should
include telling your partner about employment in Australia.
It is important that your fiancé(e) or partner and his or her
dependants understand that a good standard of spoken and
written English is essential if they want to work in Australia.
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.
About the information you give
The department is authorised to collect information relevant
Migration Act 1958 ‘Control of Arrival and Presence of Non-
Citizens’. The information collected will be used for assessing
your eligibility to meet the sponsorship requirements and any
other migration requirements that you and/or the person you
are sponsoring must meet as set down in the Migration
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 applicant’s migrating minor child may
live. See Protection of children
The information collected might also be disclosed to agencies
who are authorised to receive information relating to
adoption, border control, business skills, citizenship,
education, health assessment, health insurance, health
services, child welfare, law enforcement, payment of pensions
and benefits, taxation, review of decisions and registration of
The information collected, including the results of any tests
for Human Immunodeficiency Virus (HIV), will be used to
assess your eligibility as a New Zealand citizen to sponsor your
fiancé(e) or partner. A positive HIV or other test result will not
necessarily lead to your fiancé(e) or partner’s visa application
being refused. Your results may be disclosed to the relevant
Commonwealth, state and territory health agencies.
An eligible New Zealand citizen is a person who at the time of last
entry to Australia would have met health and character checks and:
• hasacertificate,issuedundertheSocial Security Act 1991, that
states the citizen, for the purposes of the Social Security Act 1991,
was residing in Australia on a particular date (note that Centrelink
stopped accepting applications for these certificates in