Key Takeaways
- Form 47SP is the Department of Home Affairs form titled "Application for migration to Australia by a partner". It is the applicant's own application for a Partner visa or Prospective Marriage visa, and it is completed by the person who wants the visa, not by the sponsor.
- Partner visa applications are now made online through ImmiAccount. A paper Form 47SP can only be used if the Department invites you to apply on paper, and an uninvited paper application is invalid and will not be processed.
- The questions in Form 47SP still matter because the online application asks for the same information: identity, family members, relationship history, previous relationships, health, character, travel and residence history, and signed declarations.
- Most problems come from inconsistency, not from a single wrong box. Names, dates, previous relationships, children and travel history must match passports, the relationship statement, Form 80 and every earlier visa application.
- Information that is false or misleading in a material particular can lead to refusal under public interest criterion 4020 and to periods in which no further visa can be granted, so errors should be corrected in writing as soon as they are found.
- A legal review before lodgement, and again whenever the Department raises a concern, is the most effective way to prevent Form 47SP problems from turning into a refusal.
What is Form 47SP?
Form 47SP is the Department of Home Affairs application form titled "Application for migration to Australia by a partner", and it is the form a partner visa applicant completes about themselves, their family and their relationship. Anyone researching Form 47SP is usually trying to work out one of three things: whether they still need to fill it in, what it asks, and how to avoid the errors that delay or sink a partner visa. This guide answers all three.
The paper Form 47SP covers the onshore Subclass 820 and Subclass 801 partner visa, the offshore Subclass 309 and Subclass 100 partner visa and the Subclass 300 Prospective Marriage visa. In the form, "partner" means a spouse or a de facto partner, including a same-sex partner. One Form 47SP covers the main applicant and any dependants included in the same application.
Form 47SP is the applicant's form. The Australian partner completes a separate sponsorship. That division is the first point many couples get wrong: they assume one person fills in everything for both of them. They do not. Each person answers for themselves, and the Department compares the two sets of answers line by line.
For the bigger picture of how each partner visa works, read the complete guide to partner visas in Australia. This article stays on Form 47SP: what it is, when the paper version still applies, what it covers part by part, how the same questions appear online, and the mistakes that cause delay or a false or misleading information problem.
Which partner visas use the Form 47SP questions?
The Form 47SP questions apply to every partner category visa the form listed. Onshore applicants answer them for the temporary Subclass 820 visa and the permanent Subclass 801 visa in one combined application. The requirements and documents for the onshore visa are set out in our guide to 820 visa requirements, documents and how to apply, and the full onshore picture is in our Subclass 820 partner visa complete guide. Same-sex couples answer exactly the same questions, and our LGBTI partner visa page explains how those applications are prepared.
Why Form 47SP still matters if you apply online
Form 47SP still matters because the online application asks the same questions in a different format. The Department moved partner visa lodgement into ImmiAccount, but the information it needs did not change. If you understand what Form 47SP asks and why, you understand what the online application is really testing. Every question is there because it links to a legal criterion, an identity check or an integrity check.
Do you still lodge Form 47SP on paper for a partner visa?
No, a partner visa application is lodged online through ImmiAccount, and a paper Form 47SP can only be used if the Department has invited you to apply on paper. The Department of Home Affairs says plainly in its Partner visa FAQs that you must apply online via ImmiAccount, that in limited circumstances you may apply on paper, and that this is only by invitation.
The consequence of ignoring that rule is severe. The Department states that if you apply on paper and it has not invited you to, your application will be invalid and it will not process it. An invalid application is not a refused application. It is treated as if it was never made. There is no decision to review, and you may have lost time that you could not afford to lose.
Why an invalid paper Form 47SP is a serious problem
An invalid paper Form 47SP is a serious problem because many onshore applicants depend on making a valid application on time. A person who sends a paper form instead of applying online may believe they have applied while their substantive visa is still in effect. If the paper application is invalid, no bridging visa arises from it. If the person's visa then expires, they may become unlawful. They may then face the additional Schedule 3 criteria for a partner visa when they reapply, and they may need a Schedule 3 waiver.
A visa that carries condition 8503 creates a separate trap. Whether a person with that condition can apply onshore at all is explained in our guide to the Subclass 820 visa and the no further stay condition 8503. Sending a paper Form 47SP does not solve that problem and adds an invalidity problem on top of it.
When might the Department invite a paper Form 47SP?
The Department decides when a paper application is appropriate, and it does so only by invitation. The Partner visa FAQs describe these as "limited circumstances" and do not invite applicants to choose paper for convenience. If the Department has invited you to lodge on paper, keep the invitation with your records and follow its instructions exactly, including the version of the form it asks you to use. If you have not received an invitation, apply online.
How to start the online application instead of Form 47SP
The online application starts in ImmiAccount. If you do not yet have an account, our step-by-step guide on how to create an ImmiAccount explains the process. Onshore applicants make one combined application for the temporary and permanent visas, which is explained in Subclass 820 vs Subclass 801. The person who files the application should hold the evidence and answers ready before starting, because the online form asks for the same detail that Form 47SP asks for.
Who completes Form 47SP and who does not?
The visa applicant completes Form 47SP, and the sponsoring partner does not. The main applicant answers for themselves and gives details of every family member, including dependants who are not migrating. Each person aged 16 years or over who is included in the application signs the declarations that apply to them, and each person aged 18 years or over signs the Australian values statement.
The sponsor completes a separate sponsorship, either Form 40SP "Sponsorship for a partner to migrate to Australia" where paper applies, or the online sponsorship in ImmiAccount. That sponsorship is a different legal step with its own questions, and it is covered in our separate guides on sponsorship. If a sponsor has sponsored before, the partner visa sponsorship limitations may apply.
Dependants aged 18 or over
The 2014 version of Form 47SP required a separate Form 47A, "Details of child or other dependent family member aged 18 years or over", for each dependant aged 18 or over, whether or not that person was migrating. The online application collects the equivalent information through its own pages. The principle is the same either way: an adult dependant must be declared and assessed, not left out.
Form 80 is a separate form
Form 80 is not part of Form 47SP. It is a separate personal particulars form that the Department may request, and it asks for more detail on addresses, employment and travel. Because the Department compares Form 80 with the partner application, a mismatch between them is one of the most common sources of concern. Our Form 80 guide explains how to complete it without errors.
Representatives and authorised recipients
If a lawyer or registered migration agent acts for you, they complete Form 956, and if you simply want another person to receive letters, you appoint an authorised recipient with Form 956A. Both forms are explained in our guide to Form 956 and Form 956A. The Form 47SP paper version also asked whether anyone helped you complete the form. That question exists because the Department wants to know who prepared the answers.
How do the Form 47SP questions appear in the online partner visa application?
The online partner visa application asks for the same categories of information as Form 47SP, but on a series of pages inside ImmiAccount rather than in a single printed form. The order and wording differ. The substance does not. An applicant who knows what Form 47SP asks can prepare every answer before starting the online form, which is the most reliable way to avoid rushed mistakes.
The categories that carry across from Form 47SP to the online application are:
- the visa being applied for and the applicant's current immigration status, including other pending applications, refusals and cancellations;
- personal particulars, including every name used, date and place of birth, citizenship and passport details;
- national identity documents;
- the residential address, which must be a real residential address and not a post office box;
- every family member, including parents, siblings, children and other dependants, whether or not they are migrating;
- details of the Australian partner;
- relationship details, including how and when the couple met and committed to a shared life;
- previous marriages, de facto relationships and engagements for both partners;
- health and character declarations covering every person in the application;
- travel and residence history for the last ten years; and
- the declarations, including the declaration that the information is complete, correct and up to date.
The online application then asks you to attach evidence. The evidence must support the answers. Our partner visa document checklist and the 820 partner visa evidence checklist explain what to attach, and our guide to partner visa relationship evidence explains how that evidence is assessed.
Same Form 47SP rules, different screen
The same Form 47SP rules apply on screen as on paper. The paper Form 47SP told applicants to answer every question truthfully, to give full details of every family member and to write "N/A" only where a question did not apply. The online application enforces some of those rules with mandatory fields, but it cannot stop a person from typing an incomplete or wrong answer. A field that the system accepts is not the same as a field that is correct.
What does Form 47SP cover, part by part?
Form 47SP covers the applicant's immigration status, personal particulars and identity, family members, the partner's details, the relationship, previous relationships, health, character, travel and residence history, assistance received, payment and a set of signed declarations. The paper version this guide describes is the Department's 2014 design of Form 47SP, which was set out in lettered parts from Part A to Part O. The online application groups the same questions into pages. Each part is explained below, together with what the Department does with the answer.
Part A and Part B: application overview and immigration status
Part A of Form 47SP asks how many people are included in the application and which visa is being applied for. The visa choice controls everything else. An onshore applicant who selects the wrong class, or who is outside Australia when an onshore application is received, does not make a valid application. Form 47SP also listed the basic requirements for each visa, including that a de facto relationship must normally have existed for the 12 months before the application unless an exception applies. That rule is explained in our guide to the de facto partner visa and the 12-month rule.
Part B of Form 47SP asks about immigration status. It asks whether the applicant is in Australia, whether any person in the application is awaiting another visa decision, whether anyone has had a visa cancelled or refused, whether the applicant has held a Bridging visa E and whether anyone is in immigration detention. These questions are simple to answer and easy to get wrong. A person who forgets a refused visitor visa from years ago, or a cancelled student visa, gives the Department an inconsistency it will find in its own records. If you have a refusal in your history, read partner visa after a visa refusal before you answer. If you have a cancellation, our visa cancellations page explains how that history affects new applications.
Part C: personal particulars and identity
Part C of Form 47SP asks for the applicant's full name as shown in the passport, the name in their own script, other spellings of the name, and every other name the person is or has been known by, including the name at birth, previous married names and aliases. It also asks for sex, date and place of birth, passport details, national identity card details, every citizenship held, the country of residence, the residential address and the address for correspondence.
The identity questions in Form 47SP feed directly into public interest criterion 4020, which requires the applicant to satisfy the decision maker of their identity. The Department's policy states that there is no waiver for the identity requirements in PIC 4020(2A) and (2B). A different spelling, a different date of birth on an old document, or a name used in an earlier application must be declared and explained, not hidden. Where documents from a home country show different details, the right approach is to disclose the difference and explain its cause.
The residential address question also has legal weight. The 2014 Form 47SP told applicants that a residential address is required for the application to be valid and that a post office box is not acceptable. An onshore couple's address should also match the address shown in their evidence of living together.
Part D: family members and secondary applicants
Part D of Form 47SP asks for every parent, including step-parents, every brother and sister, including half, step and adopted siblings, every child, including children from previous relationships, and every other dependant. For each person it asks for the date of birth, relationship status, country of residence, immigration status if in Australia, and whether that person is migrating.
This part of Form 47SP matters because of the "one fails, all fail" criteria. Under subclause 820.224(1A) of the Migration Regulations 1994, the main applicant cannot be granted a Subclass 820 visa unless each member of the family unit who is not an applicant also meets the specified character and debt criteria and, unless the decision maker considers it unreasonable, the health criterion in PIC 4007. Subclause 801.224(2) applies the same approach at the permanent stage, and the offshore visa has an equivalent rule. A child who is left off the form is not protected from assessment. The child is simply undeclared, which creates a false or misleading information problem as well as a health and character problem.
Where a child under 18 is included and another person has parental responsibility, Form 47SP required either written consent from that person or a court order. The online application requires the same type of evidence. Clause 820.225 links the grant of the visa to the custody criteria in PIC 4015 and PIC 4016.
Part E and Part F: the partner and the partner's family
Part E of Form 47SP asks for the Australian partner's full name, other names, date and place of birth, citizenship or residence status, passport details, address and occupation. Part F asks for the partner's parents, siblings, children and other dependants. The applicant must therefore know the partner's family details accurately. Mismatches between what the applicant writes about the sponsor and what the sponsor writes in the sponsorship are common, and they are noticed.
Part G: relationship details
Part G of Form 47SP is the relationship section. It asks:
- whether the couple are married, in a de facto relationship or engaged, and the relevant date;
- whether the couple are related by blood, marriage or adoption;
- whether they have met in person and, if so, when and where they first met;
- when they committed to a shared life together to the exclusion of all others;
- whether they have lived apart since that commitment, with the periods and reasons; and
- whether either person was forced or coerced into the relationship.
These dates become the backbone of the case. The date of commitment, the date the couple started living together and the dates of any time apart must agree with the partner visa relationship statement, with the Form 888 statements given by witnesses and with the documents. The relationship statement is the applicant's own account. Form 47SP gives the dates. If the two disagree, the Department asks which is true. Our guide to preparing evidence of a genuine relationship explains how dates and documents should line up.
For onshore applicants, Form 47SP also asked whether the relationship had ceased and, if it had, whether one of the listed exceptions applied, including family violence by the sponsor, the death of the sponsor, or parenting arrangements for a child of the relationship. Those situations need immediate legal advice. Our family violence partner visa lawyers page and our guide on what happens if the relationship breaks down explain the position.
Part G continued: previous relationships
Form 47SP asks both partners' previous relationship history. It asks whether the applicant has been married to anyone else, including a person they are still legally married to, and whether the applicant has been in a de facto relationship with anyone else. It asks the same about the sponsor, and it also asks whether the sponsor has ever been engaged to someone else. For each previous relationship it asks for names, dates and the number of children.
This is one of the most sensitive parts of Form 47SP. A previous marriage that was never formally dissolved can affect whether the current marriage is valid. A previous de facto relationship that overlapped with the current one can affect when the current relationship really began. A short engagement that one partner thought was not worth mentioning can surface in an old visa file. Every previous relationship should be declared with accurate dates, and divorce or death certificates should be held ready. The form also asked whether the sponsor has sponsored a partner before, which links to the sponsorship limitations that can prevent a sponsor from sponsoring.
Part H and Part I: health and character
Part H of Form 47SP asks whether any person in the application has had a health examination for an Australian visa in the last 12 months. The Department then arranges the health assessment. The point to remember is that dependants who are not migrating are still assessed, as explained above.
Part I of Form 47SP is the character section, and it applies to every person in the application. It asks whether anyone has ever been charged with an offence awaiting legal action, been convicted of an offence in any country, including a conviction later removed from official records, been the subject of an arrest warrant, been removed, deported or excluded from any country, overstayed a visa in any country, served in a military or police force, or had any outstanding debt to the Australian Government. A "Yes" answer must be followed by full details.
The phrase "including any conviction which is now removed from official records" is where many applicants go wrong. A person may honestly believe a spent or expunged conviction does not need to be declared. On Form 47SP it does. The same applies to an old overstay. If a past record is a concern, take advice before answering, because the answer must be correct and the explanation must be accurate.
Travel and residence history
Form 47SP asks which countries each person in the application has visited in the last ten years, with dates and the reason for each visit, and in which countries each person has lived for 12 months or more in total during the last ten years. The second question matters for police certificates, because the Department generally asks for a police certificate from each country where a person has lived for the specified period. A missing country in the residence history can lead to a missing police certificate and a delay. A missing trip can look like an attempt to hide time apart from the partner.
Work, benefits, assistance and communications
The 2014 version of Form 47SP asked whether the applicant had ever been permitted to work in Australia and whether they had received any government benefits or services in Australia, such as Medicare or subsidised education. It then asked whether anyone assisted in completing the form, whether that person was a registered migration agent and whether they were paid, and where written communications should be sent. The online application and Form 80 ask for more detail about employment history, and those answers must match the applicant's tax and employment records.
Declarations and signatures
Form 47SP ends with signed declarations. They include an acknowledgement about social security payments, the Australian values statement, a biometrics declaration and the main declaration. In the main declaration, each signatory declares that the information is complete, correct and up to date in every detail, and undertakes to tell the Department about changes in circumstances, including if the relationship breaks down. The declaration also warns that if false or misleading information is provided, or if the applicant fails to satisfy the Minister of their identity, the application may be refused and the applicant and members of the family unit may be unable to be granted a visa for specified periods.
Is Form 47SP a legal declaration?
Yes, Form 47SP and its online equivalent are legal declarations, and the answers carry legal consequences under the Migration Act 1958 and the Migration Regulations 1994. Signing or submitting the application is not a formality. It is a declaration that the information is complete and correct.
Several provisions of the Migration Act 1958 sit behind Form 47SP. Section 101 is headed "Visa applications to be correct". Section 103 prohibits giving bogus documents. Section 104 requires changes in circumstances to be notified, and section 105 requires particulars of incorrect answers to be given. Section 107 allows the Department to give notice of incorrect applications, and section 109 allows a visa to be cancelled if information is incorrect. Section 234 creates offences for false or misleading information, and the paper Form 47SP warned applicants that they may be prosecuted under that section.
The most important provision for most partner visa applicants is public interest criterion 4020 in Schedule 4 to the Migration Regulations 1994. PIC 4020 is a criterion for the Subclass 820, Subclass 801 and Subclass 309 visas. It requires that there is no evidence that the applicant has given, or caused to be given, a bogus document or information that is false or misleading in a material particular in relation to the current application or a visa held in the 12 months before it was made. It also requires the applicant to satisfy the decision maker of their identity.
What "false or misleading in a material particular" means for Form 47SP
PIC 4020(5) defines information that is false or misleading in a material particular as information that is false or misleading at the time it is given and relevant to any criterion the decision maker may consider, whether or not the decision is made because of that information. A wrong answer in Form 47SP about a previous marriage, a child or a refused visa is likely to be relevant to a criterion. That is why apparently small answers can carry large consequences.
Innocent mistakes in Form 47SP answers
An innocent mistake in Form 47SP is treated differently from a deliberate false answer. The Department's policy on PIC 4020 explains the Full Federal Court decision in Trivedi, which held that refusal under PIC 4020 requires "purposeful falsity", whether or not the applicant personally knew of it, and that an application cannot be refused under PIC 4020 where the applicant can explain an innocent mistake. The policy also states that the onus is on the applicant to explain why the information was given and to show that it was a genuine mistake. A clear, prompt and documented correction is therefore far better than an explanation offered only after the Department finds the problem.
Waivers and non-grant periods
The Department may waive PIC 4020(1) and (2) where compelling circumstances affect the interests of Australia, or where compelling or compassionate circumstances affecting an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen justify the grant. In a partner visa case, the Australian partner and any Australian children are often central to that question. There is no waiver for the identity requirements. The Department's policy also explains the non-grant periods: a refusal for bogus documents or false or misleading information can prevent the grant of a further visa for three years, and a refusal for failing to satisfy identity can do so for ten years, and those periods can extend to members of the family unit. These are the reasons Form 47SP answers deserve legal attention before lodgement, not after a refusal.
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Which Form 47SP errors cause delays or refusals?
The Form 47SP errors that most often cause delay or refusal are inconsistent names and dates, undeclared previous relationships, undeclared children or family members, gaps in travel and residence history, incomplete character answers and immigration history left out. None of these is unusual. Each one appears in real decisions. Each one can be prevented by checking the answers against documents before the application is lodged.
Inconsistent names and dates
Names and dates must be identical across Form 47SP, the passport, the birth certificate, the marriage certificate, the sponsorship, Form 80 and every earlier visa application. A transposed day and month, a different spelling, or a family name written in a different order can each create an identity question. Where the documents themselves disagree, the application should explain the difference. The Department cannot be satisfied of identity if it is left to guess which version is true.
The dates of the relationship need the same care. The date the couple met, the date they committed to each other, the date they moved in together and the date they married should be the same in Form 47SP, in the relationship statement and in the Form 888 statements. Our guide to Form 888 example answers and common mistakes shows how a witness's dates can drift from the applicant's.
Undeclared previous relationships
A previous marriage, de facto relationship or engagement that is not declared in Form 47SP is one of the clearest routes to a false or misleading information finding. The Department often holds earlier visa applications in which the person declared a different relationship status. If an applicant said "married" in a visitor visa application and "never married" in Form 47SP, one of those answers is wrong. The question will then be whether the error was purposeful.
Undeclared children or family members
Every child of the applicant must be listed in Form 47SP, including children from previous relationships and children who live with another parent overseas. Every dependant must be listed whether or not they are migrating. Leaving a child off the form does not avoid the health and character assessment that the law requires for non-migrating family members. It creates a second problem on top of the first.
Travel and residence history gaps
The travel and residence answers in Form 47SP must be complete for the full ten-year period. Gaps create two risks. The first is a missing police certificate. The second is an unexplained period that may suggest the couple were apart when they say they were together. Passport stamps, airline records and previous applications should be used to rebuild the history before answering.
Incomplete character answers
Every character question in Form 47SP applies to every person in the application. A conviction that has been removed from official records must still be declared where the question asks for it. An old overstay must be declared. A debt to the Australian Government must be declared. Incomplete answers can lead to a section 56 request for more information or, if the Department considers the answer false, to a natural justice letter.
Immigration history left out
The immigration history questions in Form 47SP are checked against the Department's own records. Every refusal, cancellation, pending application and Bridging visa E must be declared. A person who entered Australia on a visitor visa and then applied for a partner visa should also read tourist visa to partner visa in Australia, because statements made in the visitor visa application about the relationship and the purpose of the visit are compared with the answers in Form 47SP.
A hypothetical Form 47SP example
Consider a hypothetical applicant who lists a de facto relationship start date in Form 47SP that is six months earlier than the date shown in the relationship statement, and who omits a visitor visa refusal from four years earlier. Neither error is made to deceive. However, the case officer sees a relationship that appears to have two start dates and an immigration history that does not match departmental records. The likely result is a natural justice letter that asks the applicant to explain both points. The applicant must then show that each error was an innocent mistake, while also proving the relationship. That is a harder position than lodging a correct application in the first place.
What should you do if you made a mistake in Form 47SP or the online application?
You should correct a mistake in Form 47SP or the online application in writing as soon as you find it, and explain what was wrong and why. The Migration Act 1958 requires particulars of incorrect answers to be given and changes in circumstances to be notified, and a prompt correction is the clearest evidence that an error was not purposeful.
A correction should identify the question, state the incorrect answer, state the correct answer and attach supporting evidence. For a change in circumstances after lodgement, the usual tool is Form 1022, which is explained in our guide on when to lodge Form 1022 for a change of circumstances. For an answer that was wrong when it was given, the notification should be framed as a correction of an incorrect answer, not as a new event.
If the Department has already raised the issue
If the Department has already raised a concern about the Form 47SP answers, the response must be prepared with care. A natural justice letter under section 57 is often the last opportunity to address the issue before a decision. Our guide on how to respond to an S57 natural justice letter for a partner visa explains what the Department expects. The response should address whether the information was false or misleading, whether it was material, whether there was any purposeful falsity and, if needed, whether there are compelling or compassionate circumstances that justify a waiver.
If you lodged the application yourself
If you lodged the application yourself and are now unsure about some of the answers, a legal review can identify which answers need correction and how to correct them. Our guide to hiring an immigration lawyer after lodging your own visa application explains how that works, and a second opinion from an immigration lawyer can be useful where a previous adviser prepared the application.
If the visa has been refused
If a partner visa has been refused because of Form 47SP answers, the refusal letter will state whether review is available and the deadline for applying. Review deadlines are short and strictly applied. Our guide to partner visa refused appeal options explains the choices, and ART review: what to expect after your visa is refused explains the Administrative Review Tribunal process. The Administrative Review Tribunal replaced the Administrative Appeals Tribunal on 14 October 2024. Our partner visa refusals page explains how review applications are prepared.
What Tribunal decisions show about Form 47SP errors
Tribunal decisions show that the information given in a partner visa application, and in earlier visa applications, is tested closely, and that a remittal can follow where the Tribunal takes a different view of that information. A remittal means the Tribunal sent the matter back to the Department to reconsider. It is not a grant of the visa. The decisions below were each reported as remitted, and the issues described are those recorded in the reported headnote.
- 2107016 (Migration) [2022] AATA 2250, a Subclass 820 matter, concerned an allegation that the parties provided false or misleading information because they failed to disclose details of a previous relationship and a Subclass 300 visa application.
- 1900688 (Migration) [2021] AATA 1812, a Subclass 820 matter, concerned false or misleading information about previous relationships, where the applicant had not obtained a divorce from a previous spouse, and the validity of the parties' marriage.
- TRUONG (Migration) [2024] AATA 680, a Subclass 820 matter, concerned false or misleading information in a material particular in a previous visitor visa application about marital status, where the person was separated but still living with a spouse.
- Mohammadi (Migration) [2021] AATA 5554, a Subclass 309 matter, concerned false or misleading information about the biological parentage of a secondary applicant, DNA test results and whether the information was material to the application.
- Burns (Migration) [2022] AATA 1657, a Subclass 309 matter, concerned incorrect information in the visa application about countries of previous residence and whether compelling or compassionate circumstances existed.
- Le (Migration) [2025] ARTA 2423, a Subclass 820 matter, concerned incorrect residential information in the visa application, together with evidence about the genuine and continuing relationship.
- Tipong (Migration) [2019] AATA 5652, a Subclass 309 matter, concerned identity where previous visitor visa applications used different identity details and documents, including documents issued with wrong details.
- Yeung (Migration) [2020] AATA 4137, a Subclass 820 matter that returned to the Tribunal after a Federal Circuit Court remittal, concerned incorrect information in the visa application and in departmental interviews, including that the parties met through an introduction agency and had not disclosed it.
These decisions do not predict the result of any other case. They show the kinds of Form 47SP and application issues that reach the Tribunal and why an accurate application, and an accurate correction where needed, matters. Our guide to why partner visas get refused and our analysis of Subclass 820 visa refusals explain the wider refusal patterns, and our visa refusals page covers refusals across visa types.
When should you get legal help with Form 47SP answers?
You should get legal help with Form 47SP answers before lodgement wherever the history is not simple, and immediately if the Department has raised a concern about information in the application. Simple cases still benefit from a check. Complex cases need one. The cost of an error is measured in delay, in a refusal, or in a period during which no further visa can be granted.
Situations that call for advice before the Form 47SP questions are answered include:
- a previous marriage, de facto relationship or engagement for either partner, especially where a divorce was not finalised or dates overlap;
- children from a previous relationship, or a child under 18 whose other parent is not migrating;
- an earlier visa refusal, cancellation or overstay, in Australia or elsewhere;
- a criminal charge or conviction, including one removed from official records;
- identity documents that show different names, spellings or dates of birth;
- earlier visa applications that described the relationship differently; and
- an onshore applicant whose current visa is close to expiry, who holds a bridging visa, or who may be affected by condition 8503.
An onshore applicant's lawful status during the application depends on a valid online application. Our guides to Bridging visa A work rights, conditions and travel and to working while waiting for a Subclass 820 visa explain what follows from a valid application. Where a person is already unlawful, our guide to the Schedule 3 partner visa waiver explains the additional test.
People deciding whether to complete the application themselves can compare the options in partner visa lawyer vs doing it yourself and immigration lawyer for a partner visa: when you need one. Our guide to a partner visa lawyer in Australia explains what a lawyer does on a partner matter, and partner visa: migration agent or lawyer sets out the differences factually. If time is short, read urgent immigration lawyer advice to see what to prepare, and booking an immigration lawyer consultation to see what happens at a consultation. Where a refusal has already occurred, a visa appeal lawyer can explain whether review is available. For guidance on selecting representation, see how to choose the best partner visa lawyer in Australia.
How My Migration Lawyers handles Form 47SP and online partner visa applications
My Migration Lawyers prepares and reviews partner visa applications so that the information the Department once collected through Form 47SP is complete, consistent and supported by evidence before it is lodged online. The firm acts in many partner visa matters involving exactly these issues, including previous relationships, children from earlier relationships, complex immigration histories and earlier applications with inconsistent details. It is capable of handling complex cases, including matters where a false or misleading information concern has already been raised.
The work on Form 47SP issues follows a clear sequence:
- Check how and when to apply. The firm confirms which visa applies, whether the applicant can apply onshore, whether a bridging visa will arise and whether any Schedule 3 or no further stay issue affects the application. The firm also confirms that the application will be lodged online, because an uninvited paper Form 47SP is invalid.
- Collect the history before the form. The firm obtains the applicant's immigration history and previous visa applications where available, and reviews passports, identity documents, relationship documents and previous relationship records. The answers that would go into Form 47SP are prepared from these sources, not from memory.
- Map every family member. Every child and dependant, including those not migrating, is identified and listed, and custody or consent requirements for any child under 18 are dealt with before lodgement.
- Reconcile the relationship dates. The dates in the application are checked against the relationship statement, the Form 888 statements and the evidence. The relationship statement remains the client's own account. The firm reviews it, identifies gaps and inconsistencies, and the client corrects and confirms it.
- Review character and health answers. Every character question is reviewed for every person in the application, and any past conviction, overstay or debt is disclosed with the correct supporting documents.
- Correct earlier errors properly. Where an earlier application contains an error, the firm advises how and when to correct it, and prepares the written correction or Form 1022 notification.
- Respond to the Department. If the Department issues a request for information or a natural justice letter about the application answers, the firm prepares a response that addresses the facts, the law and, where relevant, the waiver criteria.
Weiwei Zhang, Principal Lawyer, leads the firm's partner visa practice. You can read more about My Migration Lawyers and about Weiwei Zhang. The firm acts for partner visa clients across Australia, including through its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, Canberra, Hobart, the Gold Coast and Parramatta. Consultations are held by video.
If you are about to complete the online application, or you are worried about answers already given in Form 47SP or an online application, the best time to get advice is before the Department raises the issue. Visit our partner visa lawyers page to see how the firm works.
Book a Consultation with My Migration Lawyers to have your Form 47SP answers and partner visa application reviewed. You can also call 1300 040 300.
Frequently Asked Questions
What is Form 47SP used for?
Form 47SP is the Department of Home Affairs form titled "Application for migration to Australia by a partner". It is the applicant's own application for a Partner visa or a Prospective Marriage visa. It collects the applicant's identity, family members, relationship history, previous relationships, health and character answers, and travel history. Today the same information is given in the online partner visa application in ImmiAccount, and the paper Form 47SP is used only where the Department invites a paper application.
Can I still submit Form 47SP on paper?
Only if the Department of Home Affairs has invited you to apply on paper. The Department's Partner visa FAQs state that you must apply online through ImmiAccount, that paper applications are accepted only in limited circumstances by invitation, and that an uninvited paper application is invalid and will not be processed. An invalid application does not give you a bridging visa and does not count as a valid application. If you have not received an invitation, apply online.
Who fills in Form 47SP, the applicant or the sponsor?
The applicant fills in Form 47SP. It is the visa applicant's application and it includes the applicant's dependants. The Australian partner completes a separate sponsorship, either the online sponsorship or Form 40SP where a paper application applies. Each person answers for themselves, and the Department compares the applicant's answers with the sponsor's answers, so the shared details, such as dates and addresses, must match.
Is Form 47SP the same as the online partner visa application?
The questions are substantially the same, but the format is different. Form 47SP was a printed form divided into lettered parts. The online application in ImmiAccount asks the same categories of questions across a series of pages, including identity, family members, relationship details, previous relationships, health, character and travel history. Understanding what Form 47SP asks is a practical way to prepare every answer before starting the online application.
Does Form 47SP ask about previous relationships?
Yes. Form 47SP asks whether the applicant has been married to, or in a de facto relationship with, anyone other than the current partner, and asks the same about the sponsor, including previous engagements. It asks for names, dates and the number of children from each relationship. The online application asks for the same history. Every previous relationship should be declared with accurate dates, because an undeclared relationship can become a false or misleading information issue.
Do I have to list children who are not migrating in Form 47SP?
Yes. Form 47SP requires every child and every other dependant to be listed, whether or not they are migrating. Members of the family unit who are not applicants must still meet health and character criteria unless the decision maker considers the health assessment unreasonable. Leaving a child out does not avoid that assessment. It adds a second problem, because the omission may be treated as false or misleading information.
What happens if I make a mistake in Form 47SP?
You should correct it in writing as soon as you find it. Identify the question, give the correct answer, explain how the error happened and attach evidence. A change in circumstances after lodgement is usually notified with Form 1022. The Department's policy recognises that an application cannot be refused under PIC 4020 where the applicant can explain an innocent mistake, but the onus is on the applicant to show that, and a prompt correction is the best evidence of it.
Can a wrong answer in Form 47SP lead to a refusal?
Yes. If the Department finds that information in the application was false or misleading in a material particular, the application can be refused under public interest criterion 4020 unless a waiver applies. A refusal for false or misleading information can also prevent the grant of a further visa for a period, and that can affect members of the family unit. Incorrect answers can also delay processing through requests for information and natural justice letters.
Does Form 47SP ask about criminal convictions that have been removed from records?
Yes. The character questions in Form 47SP ask whether any person in the application has been convicted of an offence in any country, including a conviction that is now removed from official records. The question applies to every person included in the application. If a past record is a concern, obtain advice before answering, because the answer must be accurate and the explanation must match the police certificates and court records.
How far back does the Form 47SP travel history go?
Form 47SP asks for the countries each person in the application has visited in the last ten years and the countries where each person has lived for 12 months or more in total during the last ten years. The online application asks for the same history. The answers must be complete, because a missing country can lead to a missing police certificate, and a missing trip can raise questions about time the couple spent apart.
Do I still need Form 80 if I complete the Form 47SP questions online?
Form 80 is a separate personal particulars form and the Department may request it in addition to the partner application. It asks for more detail about addresses, employment and travel than the application itself. The Department compares Form 80 with the partner application, so the names, dates, addresses and travel history in each must match. Prepare both from the same documents rather than from memory.
Can my partner fill in Form 47SP for me?
No, the answers must be your own and you are responsible for them. Another person may help you complete the online application, and Form 47SP itself asked whether anyone assisted you. However, the declarations are made by the applicant and by each person aged 16 or over who is included in the application. If a lawyer or registered migration agent assists you, they should be appointed through Form 956.
Does Form 47SP need the date our relationship started?
Yes. Form 47SP asks for the date of marriage or the date the de facto relationship began, when you first met, when you committed to a shared life together to the exclusion of all others, and any periods you lived apart. These dates must match your relationship statement, the Form 888 statements and your evidence. Different dates in different documents are one of the most common reasons the Department asks for further explanation.
Is the address in Form 47SP important?
Yes. The 2014 version of Form 47SP stated that a residential address is required for a valid application and that a post office box is not acceptable. The address should also match the evidence of where you live, especially if you claim to live with your partner. Incorrect residential information has been raised in Tribunal decisions, so the address should be checked against leases, bills and other documents.
What if my documents show different names or dates of birth?
Disclose the difference and explain it. Form 47SP asks for every name you have used, other spellings of your name and your date and place of birth. Where documents show different details, the Department must still be satisfied of your identity, and the identity requirements in PIC 4020 cannot be waived. A clear explanation supported by documents is far safer than choosing one version and leaving the others unexplained.
Should I get legal advice before answering the Form 47SP questions?
Legal advice is most useful where your case has any complexity, such as previous relationships, children from another relationship, an earlier visa refusal or cancellation, a criminal record, an overstay, or documents with different details. A lawyer can check every answer against your documents and earlier applications before lodgement. That review is far easier than correcting a false or misleading information concern after the Department has raised it.

























