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
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.
2
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
3
. 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.
3
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
1
How many people are included in this sponsorship for migration?
Part A – Application overview
3
Tick where applicable
Please use a pen, and write neatly in English using BLOCK LETTERS.
Part B – Your details
2
Family name
Given names
Your full name (as shown in your passport or travel document)
Country
3
Name in your own language or script (if applicable)
Sex Male Female
5
DAY MONTH YEAR
Date of birth
6
4
Other ways you spell your name
Family name
Place of birth
7
Town/city
Given names
8
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
DAY MONTH YEAR
Details from your passport
10
Passport number
Country of passport
Date of issue
Date of expiry
Issuing authority/
Place of issue as
shown in your
passport
DAY MONTH YEAR
9
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?
1.
2.
40SP (Design date 11/13) - Page 8 © COMMONWEALTH OF AUSTRALIA, 2013
13
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?
14
Give details
No
Yes
( ) ( )
COUNTRY CODE AREA CODE NUMBER
Fax number
E-mail address
Part C – Fiancé(e) or partner’s details
15
Family name
Fiancé(e) or partner’s full name (as shown in passport
or travel document)
Given names
16
Fiancé(e) or partner’s name in his/her own language or script
(if applicable)
Sex Male Female
18
DAY MONTH YEAR
Date of birth
19
17
Other ways your fiancé(e) or partner spells his/her name
Family name
Given names
Fiancé(e) or partner’s residential address
POSTCODE
20
Part D – Relationship details
21
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?
22
No
Yes
Have you and the visa applicant met in person?
Note: If you have only met over the internet, tick ‘No’.
23
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?
24
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?
25
No
Yes
Give details of periods and reasons for the separation
Were you forced or coerced into entering this relationship with the
visa applicant?
26
No
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
11
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
12
40SP (Design date 11/13) - Page 9© COMMONWEALTH OF AUSTRALIA, 2013
27
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)
No
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?
29
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)
1.
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
28
Have you ever been in a same-sex or opposite-sex de facto
relationship with a person other than the current visa applicant?
No
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)
2.
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)?
32
No
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?
31
No
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?
30
No
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?
33
No
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?
34
No
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
40SP (Design date 11/13) - Page 11© COMMONWEALTH OF AUSTRALIA, 2013
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
35
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
4.
Family name
Given names
Male Female
DAY MONTH YEAR
Date of birth
Country of
current residence
Citizenship
5.
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
8.
Family name
Given names
40SP (Design date 11/13) - Page 12 © COMMONWEALTH OF AUSTRALIA, 2013
Part F – Protection of children
37
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?
No
Yes
Go to Question 39
36
38
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
TO
FROM
TO
FROM
TO
FROM
TO
FROM
TO
FROM
TO
FROM
TO
FROM
TO
40SP (Design date 11/13) - Page 13© COMMONWEALTH OF AUSTRALIA, 2013
39
Are you an eligible New Zealand citizen?
No
Yes
Go to Part H
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
40
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
41
Type of dwelling:
Flat
42
How many bedrooms does the dwelling have?
43
How many people live in the dwelling?
Specify
Child
Other
44
What is the relationship of these people to you?
De facto partner
Parent
Sibling
45
Ownership of dwelling:
Rent
Paying home loan
Own outright
Specify
Other
Spouse
Public housing
46
Will the person you are sponsoring be living with you?
What accommodation do you propose for the person
you are sponsoring?
No
Yes
40SP (Design date 11/13) - Page 14 © COMMONWEALTH OF AUSTRALIA, 2013
Please give details of the person who assisted you
No
Yes
47
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
48
Is the person an agent registered with the Office of the Migration
Agents Registration Authority (Office of the MARA)?
No
Yes Go to Part J
No
Yes
Go to Part J
No
Yes
49
Is the person/agent in Australia?
50
Did you pay the person/agent and/or give a gift for this assistance?
Part J – Options for receiving written
communications
51
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
OR
OR
OR
40SP (Design date 11/13) - Page 15© COMMONWEALTH OF AUSTRALIA, 2013
Part K – Undertaking, declaration,
acknowledgement and authorisation
52
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
-
40SP (Design date 11/13) - Page 16 © COMMONWEALTH OF AUSTRALIA, 2013
Part L – Additional information
53
Question number Additional information
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