Fill - Free fillable 40SP - Sponsorship For A Partner To Migrate To Australia PDF form

40SP (Design date 11/13) - Page 1© COMMONWEALTH OF AUSTRALIA, 2013

Sponsorship for a partner

to migrate to Australia

Form

40SP

Important – Please read this information carefully before you

complete your application. Once you have completed your

application we strongly advise that you keep a copy for your

records.

This form 40SP is to be completed by the sponsor of

persons applying for a partner category visa either

outside Australia or in Australia.

If the fiancé(e) or partner you are sponsoring is

applying outside Australia, your fiancé(e) or partner

will be applying to migrate. If your fiancé(e) or partner

is applying in Australia, your fiancé(e) or partner will

be applying for permanent residence. In this form, the

term ‘migrate’ covers both.

For details on partner category visa processing, see booklet 1,

Partner Migration, which is available on the Department of

Immigration and Border Protection (the department) website

www.immi.gov.au/allforms/

Further information on partner category migration is available

from www.immi.gov.au/migrants/ or the department’s

enquiry line (see information box on page 5).

Integrity of sponsorship

The department is committed to maintaining the integrity of

the visa and citizenship programs. If you, a person included in

your sponsorship or a third party acting on your behalf,

provide (or have provided in a previous application) false or

misleading information or bogus documents either knowingly

or otherwise, your sponsorship may be refused. Any visa you

hold may be cancelled.

Who can sponsor

To sponsor a fiancé(e) or partner visa applicant:

• youmustbeanAustraliancitizen,Australianpermanent

resident or eligible New Zealand citizen; and

• ifyouaretheholderofaWomanatRisk(subclass204)

visa granted to you in the past 5 years, the person you are

sponsoring must not have been your partner or former

partner when that visa was granted to you.

Additional requirements

For sponsors of a Prospective Marriage visa applicant:

• youmustbeatleast18yearsofagewhentheapplicationis

lodged.

For sponsors of a Partner visa applicant:

• ifyourpartnerisapplyingondefactogrounds,youmustbe

atleast18yearsofagewhentheapplicationislodged;

• ifyourpartnerisapplyingonspousegrounds,youmustbe

atleast18yearsofagewhentheapplicationislodged,or,

ifyouareunder18,yourparentorguardianmustsponsor

the visa applicant on your behalf, in which case they should

complete all information on this form.

‘Partner’ means your spouse or de facto partner (including

same-sex partners).

If you are an Australian permanent resident or eligible

New Zealand citizen, you are required to be usually resident in

Australia.

Note: If you are an eligible New Zealand citizen who is

sponsoring their fiancé(e) or partner, in addition to meeting

the usually resident requirement, you must meet health and

character requirements. After your fiancé(e) or partner has

lodged their complete visa application (which will include your

sponsorship application), the department will contact you to

advise if you need to undertake health and/or character checks.

If you have previously sponsored a partner or been sponsored as

a partner

Your partner’s visa application may be refused if you are

affected by the following sponsorship limitations that are

imposed if you:

• have previously sponsored or nominated

2other

persons as a fiancé(e) or partner for migration to Australia

(including sponsorships/nominations you may have

withdrawn but your former fiancé(e) or partner obtained

permanent residence on family violence grounds); or

• have sponsored another fiancé(e) or partner within the last

5 years; or

• were sponsored as a fiancé(e) or partner yourself within the

last 5 years.

You may still be approved as sponsor of your fiancé(e) or

partner in compelling circumstances, which include:

• if your previous partner has died; or

• if your previous partner has abandoned the relationship,

leaving young children; or

• if your relationship with your current fiancé(e) or partner is

long-standing; or

• if you and your current fiancé(e) or partner have children of

your relationship.

If you are a current or previous contributory parent category visa

holder

If you have been granted a permanent contributory parent

categoryvisaonorafter1July2009,youareunableto

sponsor a person for a partner or fiancé(e) visa for 5 years

from your visa grant date if you were in a married or de facto

relationship with that person on or before the date you were

granted the contributory parent category visa.

There are some exceptions to this limitation if you can provide

compelling reasons. Compelling reasons may include if your

partner was unable to migrate with you because of a major

family illness or other significant obligations, other than

financially-related obligations. In this situation, the

department expects that you will be able to provide evidence

of a change in circumstances that now allows your partner to

apply for the Partner or Prospective Marriage visa.

Priorto1July2002,personswhoappliedinAustraliaformigration

to Australia as a partner were ‘nominated’ by their partner. Those

who applied outside Australia as a fiancé(e) or partner were

‘sponsored’. Approved sponsorships or nominations are those that

resulted in a visa being granted to the applicant.

40SP (Design date 11/13) - Page 2 © COMMONWEALTH OF AUSTRALIA, 2013

Protection of children

The Australian Government considers that the safety of

children is paramount and this is reflected in policies about

the sponsorship of minors for visas to enter Australia. The

government wants to ensure that children seeking to enter

Australia under partner and child visas are protected from

being sponsored by people with convictions for child sex

offences or other serious offences indicating that they may

pose a significant risk to a child in their care.

AsponsorshiplimitationintheMigrationRegulationsprevents

a sponsorship from being approved if one of the proposed

applicantsisunder18andtheMinisterissatisfiedthatthe

sponsor has a conviction or outstanding charge for a

registrable offence. Sponsors of partner or prospective

marriage visa applications which include an applicant aged

under18years,arerequiredtoprovideanAustralianFederal

Police (AFP) National Police Check and/or foreign police

certificate(s) as part of the process of assessing the

application. The results of the police certificate(s) are used by

the department to assess the sponsorship application and

whether or not the visa application satisfies public interest

criteria relating to the best interests of the children.

A sponsorship that would otherwise be refused under this

limitation may be approved at the discretion of the Minister or

his delegate if 5 years have passed since completion of the

sentence for the last relevant offence and there are compelling

circumstances affecting the sponsor or the visa applicant.

In addition to the AFP National Police Check or other police

certificate(s), sponsors must disclose to the department any

information relating to any conviction for child sex offences

they have had or any charges currently awaiting legal action.

It is also important that migration applicants, and any non-

migrating person who can lawfully determine where a

migrating minor child is to live, are informed when the

sponsor has such convictions or outstanding charges.

Whenthedepartmentisawareofanyconvictionsorcharges

of this nature, through either:

• the AFP National Police Check or other police certificate(s)

provided; or

• the answers you provide to Question 37 on this

form40SP; or

• liaison with relevant Commonwealth, state and territory

agencies;

it may inform the migration applicant, and any non-migrating

person who can lawfully determine where the applicant’s

migrating minor child may live, about the convictions or

charges. Signing the sponsorship undertaking will be taken as

your acknowledgement of this approach.

How to sponsor

You must ensure that you:

• are eligible to sponsor your fiancé(e) or partner (for

example, you may not be able to sponsor if you are the

holderofaRefugeeWomanatRisk(subclass204)visaor

you are subject to sponsorship limitations – you will need

to discuss your individual circumstances with the nearest

office of the department);

• complete and sign this form; and

• send this form to your fiancé(e) or partner before your

fiancé(e) or partner lodges their application.

Your fiancé(e) or partner should:

•

completeaform47SPApplication for migration to

Australia by a partner; and

•

ifapplicable,arrangeforaform47ADetails of child or

other dependent family member aged 18 years or over to

be completed and signed by each dependent child and

dependent relative of your fiancé(e) or partner who is aged

18yearsorover(whetherornottheyaremigratingwith

your fiancé(e) or partner).

Your partner should lodge these form(s), together with this

sponsorship form, by post or courier your application to the

relevant Partner Processing Centre if you are applying in

Australia, or Australian mission if you are applying outside

Australia. Attach any documentation you are required to

provide with your application. A list of the Partner Processing

Centres can be found on the department’s website at

www.immi.gov.au/contacts/

Whenyousendthisformtoyourfiancé(e)orpartner,itis

importantthatyoutellthemthattheform47SP,theform(s)

47A(ifapplicable),thissponsorshipform,anysupporting

documentation and the visa application charge (or evidence

that the charge has been paid) must be lodged together.

If your fiancé(e) or partner is applying outside Australia and

you are able to demonstrate difficulty in forwarding mail to

your fiancé(e) or partner, you should lodge this form at the

nearest office of the department in Australia. That office will

forward the sponsorship to the Australian mission nearest

your fiancé(e) or partner.

Note: After your fiancé(e) or partner has lodged their partner

category visa application, and before a decision is made on

their visa, providing location requirements can be met, your

fiancé(e) or partner may be able to have added to their

application a dependent child who was previously not

included in the application as a person migrating to Australia

with your fiancé(e) or partner. In addition to your fiancé(e) or

partner having to notify the department in writing of this

addition,youmayhavetocompleteanewform40SPto

include that dependent child with your fiancé(e) or partner

and any other family members you are sponsoring to migrate

to Australia.

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

permanentresidentvisaorResidentReturnvisalabel)or

proof that you are an eligible New Zealand citizen

. An

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

department.

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.

Ifthereisadependantunder18yearsofage,andyouhave

spentatotalof12monthsormoreinAustraliasinceturning

16 years of age, you will need to provide an AFP National

PoliceCheck.Ifthereisadependantunder18yearsofage,

andyouhavenotspentatotalof12monthsormorein

Australia since turning 16 years of age, you must provide

police certificates from each country in which you have spent

atotalof12monthsormoreinthelast10yearssinceturning

16 years of age. You must provide the original police

certificates.

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

Migration).

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,thisassistancewouldcovertheirfirst2yearsin

Australia. If your partner is applying in Australia, this assistance

wouldcoverthe2yearsfollowingthegrantofhis/herpartner

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.

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.

About the information you give

The department is authorised to collect information relevant

toanapplicationforsponsorshipunderPart2ofthe

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

Regulations.

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 applicant’s migrating minor child may

live. See Protection of children

onpage2.

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

migration agents.

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:

• heldaSpecialCategory(Subclass444)visaon26February2001;or

• heldaSpecialCategory(subclass444)visathatwasinforceforat

leastoneyearinthetwoyearsbefore26February2001;or

• hasacertificate,issuedundertheSocial 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

February2004).

40SP (Design date 11/13) - Page 4 © COMMONWEALTH OF AUSTRALIA, 2013

The department has authority under the Migration Act 1958

to collect a range of personal identifiers from non-citizens,

including visa applicants, in certain circumstances. For more

detailedinformation,youshouldreadinformationform1243i

Your personal identifying information, which is available

from the department’s website www.immi.gov.au/allforms/

or from any office of the department or Australian mission

overseas.

The collection, access, storage, use and disclosure by the

department of the information you provide in this form is

governed by the Privacy Act 1988 and, in particular, by the

11InformationPrivacyPrinciples.Theinformationform993i

Safeguarding your personal information, gives details of

agencies to which your personal information might be

disclosed. This form is available on the department’s website

www.immi.gov.au/allforms/ or from any office of the

department or Australian mission overseas.

Form1071iHealth requirement for permanent entry to

Australia provides additional information on Australia’s visa

healthrequirements.Form1071iisavailablefromthe

department’s website www.immi.gov.au/allforms/ or from

any office of the department or Australian mission overseas.

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.

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 agencies and organisations. The

agencies/organisations may include:

• federal, state or territory government agencies;

• 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, insurance companies); and

• any other relevant businesses or agencies.

Immigration assistance

A person gives immigration assistance to you if he or she uses,

or claims to use, his or her knowledge or experience in

migration procedure to assist you with your visa application,

request for ministerial intervention, cancellation review

application, sponsorship or nomination.

In Australia a person may only lawfully give immigration

assistance if he or she is a registered migration agent or is

exempt from being registered. Only registered migration

agents may receive a fee or reward for providing immigration

assistance.

If an unregistered person in Australia, who is not exempt from

registration, gives you immigration assistance they are

committing a criminal offence and may be prosecuted.

Migration agents in Australia

Migration agents in Australia must be registered with the

OfficeoftheMigrationAgentsRegistrationAuthority(Officeof

theMARA)unlesstheyareexemptfromregistration.

Migration agents outside Australia

Migration agents who operate outside Australia do not have to

be registered. The department may give some overseas agents

an ID number. This number does not mean that they are

registered.

Note: Some Australian registered migration agents operate

overseas.

Migration agent information

A migration agent is someone who can:

• advise you on the visa that may best suit you;

• tell you the documents you need to submit with your

application;

• help you fill in the application and submit it; and

• communicate with the department on your behalf.

If you appoint a migration agent, the department will assume

that your migration agent will be your authorised recipient,

unless you indicate otherwise.

Your migration agent will be the person with whom the

department will discuss your application and from whom it

will seek further information when required.

You are not required to use a migration agent. However, if you

use a migration agent, the 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

department’s website www.immi.gov.au

Exempt persons

The following people do not have to be a registered migration

agent in order to provide immigration assistance, but they

must not charge a fee for their service:

• a close family member (spouse, de facto partner, child,

parent, brother or sister);

• a member of parliament or their staff;

• an official whose duties include providing immigration

assistance (eg. a Legal Aid provider);

• a member of a diplomatic mission, consular post or

international organisation.

Appointing a migration agent/exempt person

To appoint a migration agent/exempt person you should

complete Part H – Options for receiving written

communications.

Your migration agent/exempt person should complete

form956Advice by a migration agent/exempt person of

providing immigration assistance.

Form956isavailablefromthedepartment’swebsite

www.immi.gov.au/allforms/

40SP (Design date 11/13) - Page 5© COMMONWEALTH OF AUSTRALIA, 2013

Please keep these information pages for your reference

www.immi.gov.au

Telephone 131 881 during business hours

in Australia to speak to an operator (recorded

information available outside these hours).

If you are outside Australia, please contact

your nearest Australian mission.

Home page

General

enquiry line

Options for receiving written communications

If you do not appoint a migration agent/exempt person you

may still authorise another person, in writing, to receive

written communications on your behalf. This person is called

the authorised recipient.

Authorised recipient information

All written communication about your application will be sent

to your authorised recipient, unless you indicate that you wish

to have health and/or character information sent directly to

you.

The department will communicate with the most recently

appointed authorised recipient as you may only appoint one

authorised recipient at any time for a particular application.

You will be taken to have received any documents sent to that

person as if they had been sent to you.

To appoint an authorised recipient you should complete:

• Part H – Options for receiving written communications; and

• form956AAppointment or withdrawal of an authorised

recipient.

Note: Migration agents/exempt persons do not need to

completeform956A.

Form956Aisavailablefromthedepartment’swebsite

www.immi.gov.au/allforms/

Consent to communicate electronically

The department may use a range of means to communicate

with you. However, electronic means such as fax or e-mail will

only be used if you indicate your agreement to receiving

communication in this way.

To process your application the department may need to

communicate with you about sensitive information, for

example, health, police checks, financial viability and personal

relationships. Electronic communications, unless adequately

encrypted, are not secure and may be viewed by others or

interfered with.

If you agree to the department communicating with you by

electronic means, the details you provide will only be used by

the department for the purpose for which you have provided

them, unless there is a legal obligation or necessity to use

them for another purpose, or you have consented to use for

another purpose. They will not be added to any mailing list.

The Australian Government accepts no responsibility for the

security or integrity of any information sent to the department

over the internet or by other electronic means.

If you authorise another person to receive documents on your

behalf and they wish to be contacted electronically, their

signature is required on

form956or956Atoindicatetheir

consent to this form of communication.

Note: Electronic communication is the fastest means of

communication available and the department prefers to

communicate electronically because this results in faster

processing.

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40SP (Design date 11/13) - Page 7© COMMONWEALTH OF AUSTRALIA, 2013

Sponsorship for a partner

to migrate to Australia

Form

40SP

How many people are included in this sponsorship for migration?

Part A – Application overview

Tick where applicable

Please use a pen, and write neatly in English using BLOCK LETTERS.

Part B – Your details

Family name

Given names

Your full name (as shown in your passport or travel document)

Country

Name in your own language or script (if applicable)

Sex Male Female

DAY MONTH YEAR

Date of birth

Other ways you spell your name

Family name

Place of birth

Town/city

Given names

What is your citizenship/residence status in Australia?

(Tick one box only)

Australian citizen by birth

Please attach proof

DAY MONTH YEAR

Permanent resident

of Australia

Date of arrival in Australia

Attach proof of length of residence

Eligible New Zealand citizen

Length of residence in Australia

Please attach proof

Australian citizen by grant Date of arrival in Australia

DAY MONTH YEAR

Attach proof of citizenship and

length of residence

Note: For definition of

eligible New Zealand citizen,

see footnote on page 3.

DAY MONTH YEAR

Details from your passport

Passport number

Country of passport

Date of issue

Date of expiry

Issuing authority/

Place of issue as

shown in your

passport

DAY MONTH YEAR

If you hold any nationality or citizenship other than Australian

citizenship, please give details

Country

Date acquired

How acquired?

DAY MONTH YEAR

Country

Date acquired

How acquired?

40SP (Design date 11/13) - Page 8 © COMMONWEALTH OF AUSTRALIA, 2013

Your telephone numbers

( ) ( )

COUNTRY CODE AREA CODE NUMBER

Office hours

After hours

Do you agree to the department communicating with you by fax, e-mail

or other electronic means?

Give details

Yes

( ) ( )

COUNTRY CODE AREA CODE NUMBER

Fax number

E-mail address

Part C – Fiancé(e) or partner’s details

Family name

Fiancé(e) or partner’s full name (as shown in passport

or travel document)

Given names

Fiancé(e) or partner’s name in his/her own language or script

(if applicable)

Sex Male Female

DAY MONTH YEAR

Date of birth

Other ways your fiancé(e) or partner spells his/her name

Family name

Given names

Fiancé(e) or partner’s residential address

POSTCODE

Part D – Relationship details

What is your current relationship status with the visa applicant?

Note: You must inform the department if your relationship ends before

your fiancé(e) or partner’s visa application is decided.

Your current relationship details

Are you related to the visa applicant by blood, marriage or adoption?

Yes

Have you and the visa applicant met in person?

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

When did you ﬁrst meet?Yes

DAY MONTH YEAR

Where did you ﬁrst meet?

When did you and the visa applicant

commit to a shared life together to the

exclusion of all others?

DAY MONTH YEAR

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

periods or time?

Yes

Give details of periods and reasons for the separation

Were you forced or coerced into entering this relationship with the

visa applicant?

Yes

Married

De facto

Engaged

Date of marriage

Place of marriage

Date of intended marriage

Date relationship began

DAY MONTH YEAR

Your current residential address

POSTCODE

Note: If your residential address is not in Australia, please attach a

statement at the end of this form outlining how you will meet your

sponsorship obligations. See Part K – Sponsorship undertaking

Address for correspondence

(If different to your residential address)

POSTCODE

40SP (Design date 11/13) - Page 9© COMMONWEALTH OF AUSTRALIA, 2013

Have you been married to a person other than the current visa

applicant (including if you are still legally married to that person)?

Your previous relationship details

How did the marriage end?

(eg. divorce, separation, or if still married, reason why)

Yes

Name of previous spouse

Date of birth

DAY MONTH YEAR

Date of marriage

Date marriage ended

Have you previously sponsored/nominated a spouse, de facto partner,

prospective spouse (fiancé(e)) or interdependent partner?

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

Relationship to you (spouse, de facto partner, fiancé(e),

interdependent partner)

DAY MONTH YEAR

Date application lodged for

previous sponsorship/nomination

Name of overseas post/Australian office where

sponsorship or nomination was lodged

DAY MONTH YEAR

Date visa

was granted

Was a visa granted?

DAY MONTH YEAR

Date relationship ended

How relationship ended (eg. divorce, death)

No Yes

Name of person sponsored/nominated at time of

sponsorship or nomination

Family name

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

DAY MONTH YEAR

Date of birth of person sponsored/

nominated

Have you ever been in a same-sex or opposite-sex de facto

relationship with a person other than the current visa applicant?

Yes

Name of previous partner

Date of birth

DAY MONTH YEAR

Date relationship started

Date relationship ended

Number of children from this relationship

Relationship to you (spouse, de facto partner, fiancé(e),

interdependent partner)

DAY MONTH YEAR

Date application lodged for

previous sponsorship/nomination

Name of overseas post/Australian office where

sponsorship or nomination was lodged

DAY MONTH YEAR

Date visa

was granted

Was a visa granted?

DAY MONTH YEAR

Date relationship ended

How relationship ended (eg. divorce, death)

No Yes

Name of person sponsored/nominated at time of

sponsorship or nomination

Family name

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

DAY MONTH YEAR

Date of birth of person sponsored/

nominated

Number of children from this relationship

If insufficient space, give additional details at Part L

40SP (Design date 11/13) - Page 10 © COMMONWEALTH OF AUSTRALIA, 2013

The visa applicant’s previous relationship details

Has the visa applicant been married to a person other than you

(including if they are still legally married to that person)?

Yes

Name of previous spouse

Date of birth

DAY MONTH YEAR

Date of marriage

Date marriage ended

Have you ever been granted a contributory parent category visa?

Yes

Date of visa grant

DAY MONTH YEAR

Were you sponsored/nominated to Australia as a spouse, de facto

partner, prospective spouse (fiancé(e)) or interdependent partner?

Yes

Give details

DAY MONTH YEAR

Date of sponsorship/nomination

Name of overseas post/Australian office where

sponsorship or nomination was lodged

DAY MONTH YEAR

Date relationship ended

How relationship ended

(eg. divorce, death)

Has the visa applicant ever been in a same-sex or opposite-sex

de facto relationship with a person other than you?

Yes

Name of previous partner

Date of birth

DAY MONTH YEAR

Date relationship started

Date relationship ended

Number of children from this relationship

Has the visa applicant ever been engaged to be married to a person

other than you?

Yes

Name of previous fiancé(e)

Date of birth

DAY MONTH YEAR

Date relationship started

Date relationship ended

Number of children from this relationship

How did the marriage end?

(eg. divorce, separation, or if still married, reason why)

If insufficient space, give additional details at Part L

Number of children from this relationship

Male Female

DAY MONTH YEAR

Date of birth

Country of

current residence

Citizenship

Give details of ALL your fiancé(e) or partner’s dependent

family members who are included in this sponsorship

1. Family name

Given names

Male Female

DAY MONTH YEAR

Date of birth

Country of

current residence

Citizenship

2. Family name

Given names

Part E – Details of dependent visa

applicants

Male Female

DAY MONTH YEAR

Date of birth

Country of

current residence

Citizenship

3. Family name

Given names

Male Female

DAY MONTH YEAR

Date of birth

Country of

current residence

Citizenship

Family name

Given names

Male Female

DAY MONTH YEAR

Date of birth

Country of

current residence

Citizenship

Family name

Given names

Male Female

DAY MONTH YEAR

Date of birth

Country of

current residence

Citizenship

6. Family name

Given names

Male Female

DAY MONTH YEAR

Date of birth

Country of

current residence

Citizenship

7. Family name

Given names

Male Female

DAY MONTH YEAR

Date of birth

Country of

current residence

Citizenship

Family name

Given names

Part F – Protection of children

No Yes

• 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, endangering a child, indecent dealings with

a child, or possession of child pornography?

Have you ever:

• 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, endangering 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 sentence and dates of any

period of imprisonment or other detention.

Are you sponsoring a child aged under 18 years?

Yes

Go to Question 39

In which countries have you lived for 12 months (in total) or more during the last 10 years?

Country

Dates lived there

Last permanent address in that country

FROM

MONTH YEAR

FROM

Are you an eligible New Zealand citizen?

Yes

Go to Part H

No Yes

If you answered ‘Yes’ to any of the above questions, you must give ALL

relevant details. If the matter relates to a criminal conviction, please

give the nature of the offence, full details of sentence and dates of any

period of imprisonment or other detention.

Have you ever:

• in addition to any crime or offence disclosed in

response to Question 37, been convicted of a

crime or offence in any country (including any

conviction which is now removed from official

records)?

• in addition to any crime or offence disclosed in

response to Question 37, been charged with

any offence that is currently awaiting legal

action?

• been acquitted of any criminal offence or

other offence on the grounds of mental illness,

insanity or unsoundness of mind?

• been removed or deported from any country

(including Australia)?

• left any country to avoid being removed or

deported?

• been excluded from or asked to leave any

country (including Australia)?

• committed, or been involved in, the commission

of war crimes or crimes against humanity or

human rights?

• been involved in any activities that would

represent a risk to Australian national security?

• had any outstanding debts to the Australian

Government or any public authority in Australia?

• been involved in any activity, or been convicted

of any offence, relating to the illegal movement

of people to any country (including Australia)?

• served in a military force or state

sponsored/private militia, undergone any

military/paramilitary training, or been trained in

weapons/explosives use (however described)?

Part G – New Zealand citizen sponsors Part H – About your home

Specify

House

Other

Type of dwelling:

Flat

How many bedrooms does the dwelling have?

How many people live in the dwelling?

Specify

Child

Other

What is the relationship of these people to you?

De facto partner

Parent

Sibling

Ownership of dwelling:

Rent

Paying home loan

Own outright

Specify

Other

Spouse

Public housing

Will the person you are sponsoring be living with you?

What accommodation do you propose for the person

you are sponsoring?

Yes

Please give details of the person who assisted you

Yes

Did you receive assistance in completing this form?

Part I – Assistance with this form

Go to Part J

Family name

Given names

Title: Mr Mrs Miss Ms Other

POSTCODE

Address

Telephone number or daytime contact

( ) ( )

COUNTRY CODE AREA CODE NUMBER

Office hours

Mobile/cell

Is the person an agent registered with the Office of the Migration

Agents Registration Authority (Office of the MARA)?

Yes Go to Part J

Yes

Go to Part J

Yes

Is the person/agent in Australia?

Did you pay the person/agent and/or give a gift for this assistance?

Part J – Options for receiving written

communications

All written communications about this application should be sent to:

(Tick one box only)

Myself

You should complete form 956A Appointment

or withdrawal of an authorised recipient

Authorised

recipient

Migration agent

Exempt person

Your migration agent/exempt person should

complete form 956 Advice by a migration

agent/exempt person of providing

immigration assistance

Part K – Undertaking, declaration,

acknowledgement and authorisation

Undertaking

For sponsors of a Prospective Marriage visa applicant:

I agree to accept responsibility for:

• all financial obligations to the Commonwealth incurred by my

fiancé(e) arising from their stay in Australia;

• my fiancé(e)’s compliance with all relevant legislation and awards in

relation to any employment they enter into in Australia;

• my fiancé(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).

Signature

of sponsor

Date

DAY MONTH YEAR

Name

We strongly advise that you keep a copy of your application

and all attachments for your records.

Authorisation

I authorise the department to obtain information relevant to my offer

to provide this sponsorship from other government agencies or

organisations. The agencies/organisations may include:

• federal, state or territory government agencies;

• 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, insurance companies); and

• any other relevant businesses or agencies.

I acknowledge the department may inform the migration applicant,

and any non-migrating person who can lawfully determine where

the applicant’s migrating minor child may live, about the convictions

or charges it becomes aware of through either my response to

Question 37, other information I provide, or liaison with relevant

Commonwealth, state or territory agencies.

Signature

of sponsor

Date

DAY MONTH YEAR

Name

WARNING: Giving false or misleading information is a serious offence.

Declaration

Signature

of sponsor

Date

DAY MONTH YEAR

Name

I declare that:

• the information I have given in this form is complete, correct and

up-to-date;

• I will inform the Department, in writing, if my relationship with

my fiancé(e) or partner breaks down, they die or I withdraw my

sponsorship;

• I understand that I may be prosecuted if I give false or misleading

information or bogus documents, or mislead or deceive an officer of

the Department.

Acknowledgement

I acknowledge and accept that:

• my partner may be granted the permanent Partner visa even if

our relationship breaks down and I withdraw my sponsorship (for

example, on grounds of family violence or child of the relationship);

• if the relationship between my fiancé(e) or partner breaks down,

Australian privacy laws prevent me from receiving further advice

or information in relation to the progress or status of their visa

application;

• I cannot sponsor another fiancé(e) or partner until 5 years have

passed from the date my current fiancé(e) or partner makes their

application, unless I have compelling circumstances;

• I cannot sponsor more than 2 fiancé(e)s or partners in total, unless I

have compelling circumstances;

• my fiancé(e)’s or partner’s visa application may be refused or their

visa cancelled if I have given false or misleading information or

bogus documents.

Signature

of sponsor

Date

DAY MONTH YEAR

Name

Part L – Additional information

Question number Additional information

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