40SP (Design date 11/14a) - Page 3© COMMONWEALTH OF AUSTRALIA, 2014
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.
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.
Important information about privacy
Your personal information is protected by law, including the
Privacy Act 1988. Important information about the collection,
use and disclosure (to other agencies and third parties,
including overseas entities) of your personal information,
including sensitive information, is contained in form 1442i
Privacy notice. Form 1442i is available from the department’s
website www.immi.gov.au/allforms/ or offices of the
department. You should ensure that you read and understand
form 1442i before completing this form.
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.
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.
*
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).
