Key Takeaways
- The partner visa Form 40SP, "Sponsorship for a partner to migrate to Australia", is the sponsor's formal application to sponsor a partner or fiancé. Without an approved sponsorship, the Department must refuse the partner visa.
- In practice, most sponsors complete the partner visa Form 40SP online in ImmiAccount as the "Sponsorship for a Partner to Migrate to Australia" application. The paper form is used only where the Department allows it.
- For most applicants, the partner visa Form 40SP can follow the visa application. For an applicant in Australia who is affected by section 48 of the Migration Act 1958, the completed sponsorship must be provided at the same time as the application, or the application is not valid.
- The sponsor answers questions about identity and status, the relationship and its dates, previous relationships and previous sponsorships, the applicant's family, character, and consent to disclosure of convictions for relevant offences, and then signs an undertaking and declarations.
- The most damaging partner visa Form 40SP errors are dates that do not match the applicant's form and relationship statement, omitted previous partners or sponsorships, an unanswered consent question, and a sponsorship that is never lodged at all.
- My Migration Lawyers prepares the sponsor's form and the applicant's application together, so that both tell one consistent and accurate account.
The partner visa Form 40SP is the sponsorship form that the Australian partner completes for a partner visa or a prospective marriage visa. Its full title is "Sponsorship for a partner to migrate to Australia". If the partner visa Form 40SP is missing, incomplete or inconsistent, the visa application can fail even where the relationship is completely genuine.
This guide explains what the partner visa Form 40SP is, who completes it, when it is lodged, what the sponsor is asked, and the errors that most often cause problems. It is written for sponsors and applicants who want to get the sponsorship right the first time. For the wider picture, read our complete guide to partner visas in Australia. If you would like the sponsorship and the application checked before anything is lodged, our partner visa lawyers can review both.
What is partner visa Form 40SP?
Partner visa Form 40SP is the Department of Home Affairs form by which an Australian citizen, Australian permanent resident or eligible New Zealand citizen applies to sponsor their spouse, de facto partner or fiancé for a partner visa or a prospective marriage visa. It is the sponsor's own application. The visa application is made by the applicant, and the sponsorship is made by the sponsor.
The two applications are separate documents, but they are decided together. The Department does not grant a partner visa first and approve the sponsor later. The sponsorship is assessed as part of the decision on the visa itself. That is why the partner visa Form 40SP deserves the same care as the visa application.
The form is often described as a formality. It is not. It contains the sponsor's sworn account of the relationship, the sponsor's history of previous partners and previous sponsorships, the sponsor's character declarations, and the sponsor's undertaking to support the applicant. A case officer reads it alongside the applicant's Form 47SP or online application, the relationship statement and every other document on the file. You can also read our short answer to what Form 40SP is in the Partner Visa Questions section.
Why the partner visa Form 40SP matters: no sponsor, no visa
The partner visa Form 40SP matters because a partner visa cannot be granted unless the sponsorship is approved. The Department's own policy says that the approval of a sponsor for a partner visa is a component of the decision under section 65 of the Migration Act 1958 to grant or refuse the visa, and that where a sponsorship is not approved, the visa must be refused.
The time of decision criteria for the Subclass 820 and Subclass 309 visas require that the applicant is sponsored by the partner and that the sponsorship has been approved and is still in force when the decision is made. If the sponsor never lodges the partner visa Form 40SP, withdraws it, or is not approved, the applicant cannot meet that criterion. A strong relationship does not cure a missing sponsorship.
This has a practical consequence. Many couples spend months preparing relationship evidence and then treat the sponsorship as a final administrative step. When the partner visa Form 40SP is rushed, the errors in it are often the first thing a case officer notices. Our article on partner visa requirements sets out every criterion the applicant must meet. The sponsorship is one of them, and it is the one that sits entirely in the sponsor's hands.
There is no separate letter approving the sponsor
Sponsors are sometimes surprised that they never receive a letter saying their sponsorship has been approved. Under the Department's policy for partner visas, no separate notification is issued to the sponsor. The outcome of the sponsorship is reflected in the outcome of the visa. If the visa is granted, the sponsorship was approved. If the sponsorship is refused, the visa is refused, and the refusal decision explains why. Our guide to a partner visa refusal letter explains how to read that decision.
Paper Form 40SP and the online sponsorship in ImmiAccount
The partner visa Form 40SP exists as a paper form, but in practice most sponsors complete the same sponsorship online in ImmiAccount. The Department's form instructions for other family sponsorships tell sponsors of a partner, spouse, de facto partner or fiancé to use ImmiAccount to lodge an online "Sponsorship for a partner to migrate to Australia" application. The Department's policy for the Subclass 801 visa describes the approved form as Form 40SP, "which is also known as the online Sponsorship for a Partner to Migrate to Australia form".
In other words, when people search for the partner visa Form 40SP, they are usually looking for the online sponsorship. The content is the same in substance. The sponsor creates or logs in to their own ImmiAccount, starts the sponsorship application, answers the questions, attaches documents and submits it. Our guide to the partner visa online application through ImmiAccount explains the applicant's side of the same process, and our answer on using ImmiAccount for a partner visa covers common account problems.
The partner visa application itself must be made online in ImmiAccount. A paper application is accepted only in limited circumstances where the Department has authorised it in writing. Where paper lodgement has been authorised, a paper partner visa Form 40SP may be part of that process. If you are unsure whether a paper form is acceptable in your case, assume it is not, and read our answer on paper lodgement and invalid applications.
The sponsor should use their own account
The sponsorship is the sponsor's application and should be completed by the sponsor, or by a registered migration agent or lawyer acting for the sponsor. It should not be completed by the applicant in the sponsor's name. The declarations at the end of the partner visa Form 40SP are the sponsor's declarations. If the applicant fills in answers about the sponsor's previous relationships or criminal history, the risk of an inaccurate answer rises sharply. Where a lawyer acts, the sponsor appoints that lawyer with Form 956.
Who completes the partner visa Form 40SP?
The partner visa Form 40SP is completed by the applicant's spouse, de facto partner or fiancé who is at least 18 years old and is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. That person is the sponsor. Our answer on who can sponsor a partner visa summarises these rules.
Australian citizens and permanent residents
An Australian citizen or an Australian permanent resident can sponsor a partner if they meet the other requirements. Citizenship or permanent residence must be shown with appropriate evidence, and our answer on proving the sponsor is an Australian citizen explains what is usually accepted. A temporary visa holder cannot sponsor a partner, which our answer on temporary visa holders sponsoring a partner explains. A sponsor who lives overseas may still be able to sponsor, but the position depends on the visa and the sponsor's plans. Read our answer on an Australian living overseas sponsoring a partner.
Eligible New Zealand citizens
An eligible New Zealand citizen is a New Zealand citizen who is a protected Special Category Visa holder within the meaning of the Social Security Act 1991. Many New Zealand citizens living in Australia are not eligible New Zealand citizens and cannot sponsor a partner unless they first become Australian permanent residents or citizens. Before a New Zealand citizen completes the partner visa Form 40SP, this status must be confirmed. Our answer on a New Zealand citizen sponsoring a partner visa explains the test, and the Subclass 461 visa may be relevant where the New Zealand partner cannot sponsor.
Sponsors of a fiancé
For a Subclass 300 prospective marriage visa, the sponsor is the Australian fiancé whom the applicant intends to marry. The same online sponsorship is used, and the questions about the relationship focus on how the couple met, the engagement and the intended marriage. Our answer on who can sponsor a prospective marriage visa covers the fiancé sponsor's position.
Sponsors who are limited or barred
Being an Australian citizen does not by itself mean a person can sponsor. Regulation 1.20J of the Migration Regulations 1994 limits how many partners a person can sponsor and how soon a person who was sponsored as a partner can sponsor someone else. Other regulations deal with sponsors who have convictions for certain offences. These limits are explained on our partner visa sponsorship limitations page and in our article on when a sponsor cannot sponsor a partner visa. The partner visa Form 40SP asks the questions that bring these limits to light, so a sponsor who may be affected should get advice before completing it.
Which visas does the partner visa Form 40SP cover?
The partner visa Form 40SP covers the onshore and offshore partner visas and the prospective marriage visa. The Department's policy describes the approved online form as covering the Subclass 300, Subclass 309 and Subclass 100, and Subclass 820 and Subclass 801 visas.
- Onshore partner visa. The Subclass 820 visa and the permanent Subclass 801 visa are applied for together in Australia. The sponsorship supports both stages. Our guide to the Subclass 820 visa explains how the stages work.
- Offshore partner visa. The Subclass 309 visa and the permanent Subclass 100 visa are applied for together outside Australia. The sponsorship supports both stages.
- Prospective marriage visa. The Subclass 300 visa is for a fiancé who will marry the sponsor in Australia.
The sponsorship is made for the applicant and the members of the applicant's family unit who are included in the application, such as dependent children. If you are unsure which visa fits your situation, read our answer on which partner visa to apply for.
When is the partner visa Form 40SP lodged?
For most applicants, the partner visa Form 40SP is lodged at the same time as the visa application or soon after it, and the Department will ask for it if it has not been received. For an applicant in Australia who is affected by section 48 of the Migration Act 1958, the completed sponsorship must be provided at the same time and place as the visa application, or the application is not valid.
This distinction is one of the most important points about the partner visa Form 40SP, and it is often misunderstood.
Ordinary applicants: the sponsorship can follow
The Department's policy for the Subclass 309 visa states that the sponsorship form is not prescribed under Schedule 1, so a valid Subclass 309 application can be made without it. The policy for the Subclass 820 visa says the same thing, unless the applicant is affected by section 48. This means that, for most couples, a late partner visa Form 40SP does not make the visa application invalid.
That does not make the sponsorship optional. The visa still cannot be granted until a sponsorship is lodged and approved. The usual practice is for the sponsor to lodge the partner visa Form 40SP as soon as the applicant has lodged, so that the case officer has a complete file. A file without a sponsorship is a file that cannot be decided in the applicant's favour, and it is likely to attract a section 56 request for more information.
Applicants affected by section 48: the sponsorship must be lodged at the same time
Section 48 of the Migration Act 1958 applies, with some exceptions, to a person in Australia who does not hold a substantive visa and who has had a visa refused or cancelled since last entering Australia. A person in that position can apply for a Subclass 820 and Subclass 801 visa only if they meet additional requirements. One of those requirements is that, at the same time and place as making the application, they provide the approved sponsorship form completed and signed by the partner. The Department's policy confirms that the approved form is Form 40SP, also known as the online Sponsorship for a Partner to Migrate to Australia form.
The same provision also requires two supporting Form 888 statements from Australian citizens, Australian permanent residents or eligible New Zealand citizens who are not the partner, each made no more than six weeks before the application. If any of these requirements is missing on the day of lodgement, the application is not valid, and no bridging visa flows from it. Our answers on the section 48 bar and partner visas and on missing evidence that makes an application invalid explain the consequences. For an applicant who is already unlawful or close to it, this is urgent work, and our urgent visa lodgements service exists for exactly this situation.
How the sponsorship links to the applicant's application
The sponsorship and the visa application are linked by the details that identify the applicant's application. In practice, the sponsor is asked to give details of the applicant and of the visa application being sponsored, so that the Department can attach the sponsorship to the correct file. The sponsor should have the applicant's full name exactly as it appears in the passport, date of birth and the application reference details from the applicant's lodgement before starting. The applicant's lodgement confirmation and a downloaded copy of the application are the safest sources for those details.
A mismatch between the applicant's name or date of birth in the visa application and in the partner visa Form 40SP can delay the linking of the two applications. If you notice an error after lodging, do not lodge a second sponsorship. Read our guide to Form 1023 for correcting answers and our answer on how to correct a mistake in a partner visa application.
What the partner visa Form 40SP asks the sponsor
The partner visa Form 40SP asks the sponsor about their identity and status, the relationship and its dates, their previous relationships and previous sponsorships, the applicant and the applicant's family, their character, and their consent to disclosure of convictions for relevant offences, and it ends with an undertaking and declarations. The exact wording and order of questions in the online form can change, so this section describes the content in general terms.
Identity and Australian status
The sponsor gives their full name, any other names, date and place of birth, contact details and residential address, and the basis on which they can sponsor: Australian citizen, Australian permanent resident or eligible New Zealand citizen. Evidence of that status is attached. An Australian passport or citizenship certificate is common for a citizen. The Department can confirm a permanent resident's visa from its own records, but the sponsor still needs to identify the visa accurately. Our answer on the sponsor documents for a partner visa explains what a sponsor usually provides. Name differences across documents must be explained, and our answer on different names and dates in documents shows how.
Relationship history and key dates
The sponsor is asked about the relationship: how and when the couple met, when the relationship became committed, when they began living together, and when they married or registered the relationship, if they did. These dates matter more than any other part of the partner visa Form 40SP. The applicant gives the same dates in the visa application and in the relationship statement. If the sponsor's dates are different, the case officer will ask why.
Before completing the partner visa Form 40SP, the couple should agree a single relationship timeline based on documents, not memory. Our article on the partner visa evidence timeline explains how far back to go. Where the couple separated for a period, that period should be described honestly in both applications. Our article on partner visa temporary separation explains how short separations are treated.
Previous relationships and previous sponsorships
The partner visa Form 40SP asks about the sponsor's previous marriages and de facto relationships, and about any partner the sponsor has previously sponsored or proposed to sponsor. It also asks, in substance, whether the sponsor was themselves sponsored as a partner. These questions exist because of the sponsorship limits in regulation 1.20J. A person can generally have no more than two approved partner sponsorships, cannot sponsor again within five years of an earlier sponsored application, and, if they were sponsored as a partner, cannot sponsor until five years after their own application. These limits can be waived only in compelling circumstances affecting the sponsor.
Omitting a previous relationship or a previous sponsorship is one of the most serious errors a sponsor can make. The Department holds records of earlier sponsorships and visa applications. An omission discovered later can lead to concerns about false or misleading information and to doubts about the whole relationship. Our articles on previous relationship history and on an undeclared relationship explain the risks, and our answer for a sponsor who has sponsored before explains what to do first.
The applicant and family members
The sponsor is asked for details of the applicant and of each member of the applicant's family unit, such as dependent children, including whether they are migrating. A child who is not migrating may still need to be listed. Where a child under 18 is included in the application, further consequences follow for the sponsor, discussed below. Where the other parent of a migrating child must consent, read our guide to Form 1229 for child consent and our article on partner visa child custody and consent.
Police certificates and character questions
The sponsor is asked character questions and may be asked to provide police certificates. The Department's partner visa information says sponsors need to provide police certificates when they submit the "Sponsorship for a Partner to Migrate to Australia", or as soon as possible afterwards. Where an applicant under 18 is included in a Subclass 309, Subclass 820 or Subclass 300 application, the Department's policy also requires the sponsor to provide an Australian National Police Check that gives complete disclosure of all recorded offences, and police certificates from each country in which the sponsor has spent 12 months or more in the last 10 years since turning 16.
The Department's policy also requires partner sponsors to declare whether they have ever been convicted of, or are currently charged with, an offence relating to persons under 18. Failing to disclose a relevant conviction or charge where the form requires it is treated as a sign that the person has not accepted responsibility. Our guides to the AFP police check, overseas police certificates and expired police checks explain the practical steps. A sponsor with any criminal history should read our answer on a sponsor with a criminal record before answering.
Consent to disclosure of convictions for relevant offences
The partner visa Form 40SP asks the sponsor whether they consent to the Department disclosing to the applicant any conviction the sponsor has for a relevant offence. Relevant offences are defined in the Migration Regulations 1994 for this purpose and are considered under regulation 1.20KC. The visa criteria require the sponsor's consent to this disclosure.
This question is often left blank by sponsors who have no convictions and think it does not apply to them. It applies to every sponsor. The Department's policy is that if the sponsor is silent, the Department sends a request for consent. If consent is still not given, the criterion is not met and the visa cannot be granted. Answering this question on the first attempt avoids a delay that is entirely self-inflicted.
The sponsorship undertaking
The sponsor signs an undertaking to support the applicant. In general terms, the sponsor undertakes to provide the applicant and any included family members with adequate accommodation and financial assistance, as reasonably required, for a period after the visa is granted. The undertaking is a serious personal commitment. It is not a formality, and the sponsor should read it before signing. Our answer on whether there is a sponsor minimum income for a partner visa addresses a common related worry.
Declarations
The partner visa Form 40SP ends with declarations. The sponsor declares that the information is complete, correct and current, that they understand the consequences of giving false or misleading information, and that they consent to the Department collecting and using their personal information, including by obtaining information from other government agencies. By signing the undertaking, the sponsor also acknowledges that the Department may tell the applicant, or a person with parental responsibility for a child in the application, about convictions relating to persons under 18. A sponsor who cannot truthfully make every declaration should stop and get advice before submitting.
How the partner visa Form 40SP fits with the rest of the application
The partner visa Form 40SP is one part of a single case, and it must agree with everything else on the file. The applicant's visa application, the applicant's Form 80 if it is requested, the relationship statement, the Form 888 statements and the documentary evidence all describe the same relationship. A case officer reads them side by side.
The safest approach is to prepare the sponsor's answers and the applicant's answers from the same source documents at the same time. Our partner visa document checklist lists what each partner usually needs, and our article on partner visa relationship evidence explains how the Department assesses the financial aspects, the nature of the household, the social aspects and the nature of the commitment.
The My Migration Lawyers Difference
Affordable Fees
Complex Matter Capability
Instalment Payment Options
Two-Day Cooling-off Period
Common partner visa Form 40SP errors
The most common partner visa Form 40SP errors are inconsistent dates, omitted previous relationships or sponsorships, an unanswered consent question, wrong or missing status evidence, and a sponsorship that is never lodged. Each of them is avoidable.
Dates that do not match the applicant's application
The applicant says the couple began living together in one month. The sponsor gives a different month. The relationship statement gives a third. Each difference may have an innocent explanation, but together they invite a request for more information or a natural justice letter asking which version is true. The fix is simple: agree the dates from documents before either partner completes a form.
Omitted previous partners or sponsorships
A sponsor who leaves out a former spouse, a former de facto partner or an earlier sponsorship may be trying to avoid an awkward question. The omission usually creates a worse one. The Department can see earlier sponsorships in its own records, and an omission can raise both a sponsorship limitation issue and a credibility issue. If the sponsor has any earlier relationship or sponsorship, it should be disclosed in the partner visa Form 40SP and, where needed, explained.
The consent question left unanswered
As explained above, the consent to disclosure of convictions for relevant offences applies to every sponsor. Leaving it blank leads to a request and a delay, and an unanswered request leads to refusal.
Wrong or missing status evidence
Some sponsors describe themselves as Australian permanent residents when they hold a temporary visa, or as eligible New Zealand citizens when they are not. Others attach no evidence of citizenship. If the sponsor is not eligible, the sponsorship cannot be approved. If the evidence is simply missing, the case officer will ask for it.
Character answers that do not match police certificates
A sponsor who answers "no" to a character question and then provides a police certificate that shows a conviction has created a credibility problem. Spent convictions and charges that did not lead to a conviction raise their own questions. Our articles on spent convictions and undisclosed convictions, and our answer on disclosing charges without a conviction, explain how to answer accurately.
The sponsorship is never lodged
Some couples believe the applicant's lodgement covers both partners. It does not. Others start the online sponsorship and never submit it. A draft in ImmiAccount is not a lodged sponsorship. The sponsor should keep the acknowledgement of lodgement for the partner visa Form 40SP and check that it has been linked to the applicant's file. Our article on partner visa application mistakes covers this and other errors that delay a decision.
What happens if the partner visa Form 40SP is not lodged?
If the partner visa Form 40SP is not lodged, the visa cannot be granted, and the Department will usually ask for it before refusing. For an applicant affected by section 48, the absence of the sponsorship at lodgement means there is no valid application at all.
Where the application is valid, the Department typically sends a request for the sponsorship under section 56 of the Migration Act 1958, with a deadline. Our guide to responding to a section 56 request explains how to respond. If the deadline passes, the Department may decide the application on the information it has, and without an approved sponsorship that means refusal. Our answer on a refusal after a missed request for information explains the options.
A refusal for a missing sponsorship can often be dealt with at review, because the Administrative Review Tribunal (ART) decides the case afresh on the evidence before it at the time of its decision. The application for review must be made within 28 days after notification of the decision, or within 7 working days for a person in immigration detention, and that time limit cannot be extended. Read our guide to the partner visa appeal deadline. For an offshore refusal, our article on who can lodge a partner visa appeal and our answer on who applies for review of an offshore refusal explain who must apply.
What Tribunal decisions show about the partner visa Form 40SP
Published Tribunal decisions show that refusals connected with the sponsorship form can be remitted to the Department where the sponsorship is properly provided and supported at review. The following decisions are from published partner visa remittals. Each was remitted, meaning it was sent back to the Department for reconsideration.
- Martine (Migration) [2023] AATA 690 (Subclass 309). The applicant had failed to provide the sponsorship form 40SP. The applicant then provided the completed form 40SP, and the Tribunal found that the applicant was now sponsored.
- Manalo (Migration) [2024] AATA 1927 (Subclass 820). The sponsorship form and other requested material had not been provided to the Department. The decision records COVID restrictions and access issues, and the Tribunal considered prehearing, oral and witness evidence and departmental policy.
- Yasa (Migration) [2021] AATA 4402 (Subclass 309). The decision concerned evidence of sponsorship and whether the relationship was genuine and continuing.
- Sathandla Halli Vijayakumar (Migration) [2022] AATA 91 (Subclass 820). The decision concerned a genuine and continuing relationship, insufficient information concerning the sponsor, the sponsorship declaration and a National Police Check.
The pattern is consistent. A missing or incomplete partner visa Form 40SP is a fixable problem, but it should not need fixing at review. Review takes time and costs a government fee, and the applicant must still meet every other criterion. These decisions show that the sponsorship is not a technicality. Our article on partner visa ART evidence explains what the Tribunal can consider, and our partner visa refusals page explains how the firm acts at review.
Changing or withdrawing the partner visa Form 40SP
A sponsor can withdraw the sponsorship at any time before the Department decides the permanent partner visa application. If the sponsorship is withdrawn, the applicant generally cannot be granted the visa on the basis of that relationship unless a specific exception applies, such as the family violence provisions. Our answer on how a sponsor can withdraw sponsorship explains the process, and our answer on a sponsor who withdraws and then reconciles deals with a situation that arises more often than people expect.
If the relationship ends, the Department's information says a "Notification of Relationship Cessation" can be completed in ImmiAccount. Our answer on how to notify Home Affairs that a relationship has ended explains when this applies, and our article on what happens to a Subclass 820 application if the relationship breaks down explains the options for the applicant. Where family violence is involved, the applicant may still be able to continue without the sponsor. Read our partner visa family violence page.
A sponsor cannot simply be replaced with a new sponsor in the same application. Our answer on whether you can change sponsor in a partner visa explains why. Changes to the sponsor's own circumstances, such as a new address, should be reported using Form 1022.
Partner visa Form 40SP at the permanent stage
The partner visa Form 40SP is completed once, at the start, and the Department's policy confirms that an application for the permanent Subclass 801 or Subclass 100 visa can be made without an accompanying sponsorship form. The permanent stage is not a new sponsorship. It is a continuation of the original application.
However, the sponsorship must still be in force, and the Department assesses whether the relationship is continuing. At the permanent stage, the sponsor is often asked for updated information and, in some cases, updated police certificates. Our guide to partner visa second stage documents explains what is usually requested, and our article on evidence after lodgement explains what to keep adding while the application is processed.
A partner visa Form 40SP checklist before the sponsor submits
Before the sponsor submits the partner visa Form 40SP, every answer should be checked against the applicant's application and the documents. Use this list.
- The sponsor is an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and evidence of that status is attached.
- The applicant's full name and date of birth match the passport and the visa application exactly.
- The key relationship dates match the applicant's application and the relationship statement.
- Every previous marriage, de facto relationship and previous sponsorship is disclosed.
- The applicant's family members are listed, including those who are not migrating.
- Every character question has been answered accurately and consistently with any police certificate.
- The consent to disclosure of convictions for relevant offences has been answered.
- The sponsor has read the undertaking and the declarations and can make them truthfully.
- The sponsorship has been submitted, not saved as a draft, and the acknowledgement has been kept.
Our partner visa checklist covers the rest of the application, and our article on a partner visa application review before lodgement explains what a professional review checks.
How My Migration Lawyers helps with partner visa Form 40SP
My Migration Lawyers prepares the partner visa Form 40SP and the applicant's visa application together, so that the sponsor and the applicant give the Department one accurate and consistent account. The firm acts in many partner and prospective marriage visa matters, including matters where the sponsorship itself is the difficult part, and it is well equipped to handle complex cases.
On a matter involving the partner visa Form 40SP, the work usually follows these steps.
- Sponsor eligibility first. The firm confirms that the sponsor can sponsor: their citizenship, permanent residence or eligible New Zealand citizen status, and whether any sponsorship limitation or character issue applies. The firm checks the visa history itself from Department records where it is needed.
- One timeline. The firm builds a single relationship timeline from the couple's documents and uses it for both the sponsorship and the visa application.
- Disclosure advice. Where the sponsor has previous relationships, previous sponsorships or any criminal history, the firm advises on how each must be disclosed and explained, before the form is completed.
- Preparing and lodging the sponsorship. The firm prepares the sponsor's answers, checks the consent question, the undertaking and the declarations with the sponsor, and lodges the partner visa Form 40SP at the right time. For an applicant affected by section 48, it is lodged with the visa application on the same day.
- Police certificates and follow up. The firm tells the sponsor which police certificates are needed and responds to any section 56 request or section 57 letter about the sponsorship.
- Review if needed. If a visa has been refused because of the sponsorship, the firm assesses the decision and acts at the ART within time. Read our answer on getting a lawyer for a sponsorship refusal and our page on visa refusals.
The firm's partner visa work is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, see our answer on why some matters are a complex partner visa case, and find more answers in our Partner Visa Questions section. Couples in Sydney can also read about our partner visa lawyers in Sydney, and couples in Melbourne about our partner visa lawyers in Melbourne.
A partner visa Form 40SP is easiest to get right before it is lodged. Book a consultation with My Migration Lawyers online, or call 1300 040 300.
Frequently Asked Questions
What is the partner visa Form 40SP?
The partner visa Form 40SP is the sponsorship form for partner and prospective marriage visas. Its full title is "Sponsorship for a partner to migrate to Australia". It is completed by the Australian citizen, Australian permanent resident or eligible New Zealand citizen who is sponsoring their spouse, de facto partner or fiancé. In practice, most sponsors complete it online in ImmiAccount. The visa cannot be granted unless the sponsorship is approved, so the form is as important as the visa application itself.
Who fills in the partner visa Form 40SP?
The sponsor fills in the partner visa Form 40SP. The sponsor is the applicant's spouse, de facto partner or fiancé who is 18 or over and is an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The applicant should not complete it in the sponsor's name, because the declarations are the sponsor's own. A lawyer or registered migration agent appointed by the sponsor can prepare and lodge it on the sponsor's behalf after checking every answer with the sponsor.
Is Form 40SP still used, or is the sponsorship done online?
The sponsorship is now usually done online. The Department's form instructions tell sponsors of a partner, spouse, de facto partner or fiancé to use ImmiAccount to lodge an online "Sponsorship for a partner to migrate to Australia" application. The Department's policy treats the online sponsorship as the approved Form 40SP. A paper form may be relevant only where the Department has authorised paper lodgement in writing, which happens in limited circumstances.
Does the partner visa Form 40SP have to be lodged at the same time as the visa application?
No, not for most applicants. For most Subclass 820 and Subclass 309 applicants, a valid visa application can be made without the sponsorship, and the sponsor can lodge it soon after. The exception is an applicant in Australia who is affected by section 48 of the Migration Act 1958. That applicant must provide the completed sponsorship at the same time and place as the application, or the application is not valid. Lodging both together is the safest approach in every case.
Can a partner visa be granted without the partner visa Form 40SP?
No. A partner visa cannot be granted unless the sponsorship has been lodged and approved and is still in force at the time of decision. The Department's policy states that where a sponsorship is not approved, the visa must be refused. If the sponsorship has not been received, the Department will usually ask for it with a deadline. If it is still not provided, the application is likely to be refused.
What does the partner visa Form 40SP ask the sponsor?
The partner visa Form 40SP asks the sponsor about their identity and their status as an Australian citizen, permanent resident or eligible New Zealand citizen. It asks about the relationship and its key dates, previous marriages and de facto relationships, and previous sponsorships. It asks for details of the applicant and the applicant's family members. It also asks character questions, asks for consent to disclosure of convictions for relevant offences, and ends with a sponsorship undertaking and declarations.
Do I need to declare previous relationships in the partner visa Form 40SP?
Yes. The sponsor must disclose previous marriages and de facto relationships and any partner they have previously sponsored. The Department holds records of earlier sponsorships, so an omission is likely to be discovered. An undisclosed relationship or sponsorship can raise a sponsorship limitation issue and a credibility issue at the same time. If you have an earlier relationship or sponsorship that worries you, get advice before completing the form rather than leaving it out.
What happens if the dates in the partner visa Form 40SP do not match the applicant's application?
The case officer is likely to ask why. Different dates for when the couple met, began living together or married can suggest that the relationship has not been described accurately, even where the difference is an innocent mistake. The Department may ask for more information or put its concerns to the applicant in writing. The best way to avoid this is to agree one relationship timeline from documents before either partner completes a form.
Does the sponsor need a police certificate for the partner visa Form 40SP?
Yes, in most cases. The Department's partner visa information says sponsors need to provide police certificates when they submit the sponsorship or as soon as possible afterwards. Where a child under 18 is included in a Subclass 309, Subclass 820 or Subclass 300 application, the Department's policy requires an Australian National Police Check with complete disclosure and police certificates from each country where the sponsor spent 12 months or more in the last 10 years since turning 16.
What is the consent question in the partner visa Form 40SP?
The consent question asks whether the sponsor agrees to the Department telling the applicant about any conviction the sponsor has for a relevant offence. The visa criteria require that consent. It applies to every sponsor, including sponsors with no convictions. If the sponsor leaves the question unanswered, the Department sends a request for consent. If consent is still not given, the criterion is not met and the visa cannot be granted. Answering it first time avoids an unnecessary delay.
Can the sponsor withdraw the partner visa Form 40SP?
Yes. The Department's information says a sponsor can withdraw the sponsorship at any time before the Department decides the permanent partner visa application. If the sponsorship is withdrawn, the applicant generally cannot be granted the visa on the basis of that relationship unless an exception applies, such as the family violence provisions. An applicant whose sponsor has withdrawn should get advice quickly, because the options depend on the stage of the application and the reason the relationship ended.
Do we need a new partner visa Form 40SP for the permanent Subclass 801 or Subclass 100 visa?
No. The sponsorship is completed once, at the start of the combined application. The Department's policy confirms that an application for the Subclass 801 or Subclass 100 visa can be made without an accompanying sponsorship form. However, the sponsorship must remain in force, and the Department assesses whether the relationship is continuing at the permanent stage. The sponsor may be asked for updated information or updated police certificates before the permanent visa is decided.
Can a New Zealand citizen complete the partner visa Form 40SP?
Yes, but only if they are an eligible New Zealand citizen. That means a protected Special Category Visa holder within the meaning of the Social Security Act 1991. Many New Zealand citizens living in Australia do not meet that definition. A New Zealand citizen who is not eligible cannot sponsor a partner unless they first become an Australian permanent resident or citizen. Status should be confirmed before the sponsorship is lodged, because an ineligible sponsor cannot be approved.
Can a refusal caused by a missing partner visa Form 40SP be fixed at review?
Yes, often. The Administrative Review Tribunal decides the case afresh on the evidence before it at the time of its decision. Published decisions show refusals remitted where the sponsorship form was provided at review. The review application must be made within 28 days after notification of the decision, or 7 working days for a person in immigration detention, and that time limit cannot be extended. The applicant must still meet every other criterion for the visa.
Is the sponsorship undertaking in the partner visa Form 40SP legally serious?
Yes. By signing the undertaking, the sponsor commits to providing the applicant and any included family members with adequate accommodation and financial assistance, as reasonably required, for a period after the visa is granted. It is a personal commitment made to the Australian Government, not a formality. The sponsor should read the undertaking carefully and understand it before signing, and should get advice if they are unsure whether they can honour it.
How can My Migration Lawyers help with the partner visa Form 40SP?
My Migration Lawyers confirms that the sponsor is eligible, checks for sponsorship limitations and character issues, and builds one relationship timeline used by both partners. The firm advises the sponsor on disclosing previous relationships, sponsorships and any criminal history, prepares and lodges the partner visa Form 40SP at the right time, and responds to Department requests. If a visa has been refused, the firm acts at review. The work is led by Weiwei Zhang, Principal Lawyer.

























