Partner Visa Sponsor Undertaking: What the Sponsor Signs

The partner visa sponsor undertaking is the promise an Australian partner makes when they agree to sponsor a spouse, de facto partner or fiancé for an Australian partner visa. By signing the partner visa sponsor undertaking, the sponsor agrees to support the person they are sponsoring while that person settles in Australia. It is a short part of the sponsorship form, but it carries real weight, and it is worth understanding before you sign it.

This guide explains what the partner visa sponsor undertaking says, how long it lasts, why the Department of Home Affairs asks for it, how the Department may look at the sponsor's capacity to honour it, and how it differs from an Assurance of Support. It also covers the declarations a sponsor makes at the same time, the consequences of false information, and what happens if the sponsor withdraws or the relationship ends. For the wider picture, read our complete guide to partner visas in Australia. If you want advice on your own situation, our partner visa lawyers review the sponsor's position before anything is lodged.

What is the partner visa sponsor undertaking?

The partner visa sponsor undertaking is a formal written commitment, given by the sponsor as part of the sponsorship application, to provide accommodation and financial assistance to the sponsored partner and their included family members if they need it during their first period in Australia. It is not a separate visa and it is not a contract between the couple. It is a promise made to the Australian Government, and the Department relies on it when it approves the sponsorship.

Every partner visa requires a sponsor. Under the criteria for the Subclass 820 visa and the Subclass 309 visa, the applicant must be sponsored by their spouse or de facto partner who is 18 or over and an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The Subclass 300 visa has a parallel rule for the intended spouse. Our page on who can sponsor a partner visa explains the eligibility rules, and there are separate answers for an eligible New Zealand citizen sponsor and an Australian living overseas.

Being eligible to sponsor is only the first step. The sponsor must also apply to be approved as a sponsor, and the partner visa sponsor undertaking is part of that sponsorship application. The applicant cannot sign it on the sponsor's behalf. It is the sponsor's own commitment.

What does the sponsor promise in the partner visa sponsor undertaking?

The sponsor promises, in substance, to make sure the sponsored partner has somewhere adequate to live and enough financial support to meet their reasonable living needs, if the partner cannot meet those needs from their own resources. The Department's published family sponsorship undertaking is set out in a list of separate commitments. The partner visa sponsor undertaking follows the same pattern, and each commitment is worth reading on its own.

Accommodation

The first commitment in the partner visa sponsor undertaking concerns housing. The sponsor agrees to make sure that adequate accommodation is available for the sponsored partner in Australia or, if necessary, to provide it. In most partner visa matters the couple live together, so the sponsor's home is the accommodation. Where the couple will live elsewhere, such as with family while they save for a home of their own, the sponsor should be able to explain the arrangement. Our guide to partner visa household evidence explains how living arrangements are shown to the Department.

Financial assistance for reasonable living needs

The second commitment in the partner visa sponsor undertaking concerns money. The sponsor agrees to provide financial assistance, as required, to meet the sponsored partner's reasonable living needs. This does not mean the sponsor must pay for everything. Many sponsored partners work and support themselves from the start. The commitment is a safety net. It means that if the sponsored partner cannot meet their basic living costs, the sponsor has promised to help, so that the partner does not need to rely on the wider community. Our article on the financial aspects of the relationship explains how money within the relationship is assessed as a separate question.

Dependent children included in the application

Where the partner visa application includes the applicant's dependent children, the partner visa sponsor undertaking extends to them. The sponsor is promising support for the people being sponsored, not only for the partner. A sponsor who is taking on responsibility for a partner and stepchildren should think carefully about what that means in practice. Our guides to adding children to a partner visa, partner visa stepchildren and dependent children over 18 explain who can be included.

Help to settle in Australia

The Department's family sponsorship undertaking also asks the sponsor to provide information and advice to help the sponsored people settle in Australia, and to attend an interview if the Department asks. In a partner matter, settling in usually means practical help with things like Medicare enrolment where eligible, opening a bank account, finding work or study, and understanding how daily life works in Australia. Our guides to partner visa work rights and partner visa study rights explain what the sponsored partner is permitted to do.

How long does the partner visa sponsor undertaking last?

The partner visa sponsor undertaking covers an initial settlement period that starts when the sponsored partner arrives in Australia, or on the date the visa is granted if the partner applied in Australia. The Department's published family sponsorship undertaking states that period as up to 2 years from arrival in Australia, or from the date of visa grant if applying in Australia. The partner visa sponsor undertaking is generally understood to use the same initial period.

That timing matters because it means the partner visa sponsor undertaking continues after the visa is granted. A sponsor who separates from the sponsored partner soon after grant does not simply walk away from a commitment that has already been relied on. At the same time, the undertaking is limited. It is not a lifelong promise to support a former partner, and it does not convert into a promise to repay government payments. That separate type of commitment is an Assurance of Support, which is explained later in this guide.

For an offshore applicant who holds a Subclass 309 visa, the period is linked to arrival in Australia. For an onshore applicant on the Subclass 820 pathway, it is linked to the date of visa grant. Our comparison of temporary and permanent partner visas explains how the two stages fit together.

Why the Department requires a partner visa sponsor undertaking

The Department requires a partner visa sponsor undertaking because the Australian community has a general expectation that people who migrate should not become a burden on the wider community, and the sponsor is the person best placed to support a newly arrived partner. The Department's own sponsorship information states that sponsors of applicants for permanent visas are obliged to assist with accommodation and financial assistance for this reason.

The partner visa sponsor undertaking also has an integrity function. It requires the Australian partner to make a considered, written commitment to the person they are sponsoring. That commitment sits naturally alongside the requirement that the relationship be genuine and continuing, which is explained in our guide to the genuine and continuing relationship test. A sponsor who is willing to take on responsibility for a partner's living needs is, in practical terms, showing the nature of the commitment the Department assesses.

There is also a practical reason. Newly arrived migrants may face waiting periods before they can receive some social security payments. Our guide to partner visa Centrelink eligibility and the question can I get Centrelink on a partner visa explain this further. During that time the sponsor's support may be the main safety net, which is exactly what the partner visa sponsor undertaking is designed to provide.

Where the sponsor signs the partner visa sponsor undertaking

The sponsor gives the partner visa sponsor undertaking in the online sponsorship application lodged through ImmiAccount. The Department's own form instructions say that a person sponsoring a partner, whether a spouse, de facto partner or fiancé, should use ImmiAccount to lodge an online "Sponsorship for a partner to migrate to Australia" application. Our guides to creating an ImmiAccount and to the partner visa online application explain the system.

The paper version of this sponsorship has been known as Form 40SP, and the term is still used in decisions and correspondence. Our page explaining what Form 40SP is sets out the history. In Martine (Migration) [2023] AATA 690, a Subclass 309 matter, the reported issue was that the applicant failed to provide the sponsorship form 40SP, then provided the completed form 40SP, and the Tribunal found that the applicant was now sponsored. The decision was remitted.

The timing of the sponsorship is important. For a Subclass 820 application, the Department's policy states that the sponsorship form is not prescribed under Schedule 1, so a valid application can usually be made without it, unless section 48 of the Migration Act applies. However, the sponsorship must be approved by the time of decision. A sponsor who delays lodging the sponsorship, and therefore the partner visa sponsor undertaking, puts the whole application at risk. Our page on the documents a sponsor must provide lists what usually goes with it.

Is there a minimum income for the partner visa sponsor undertaking?

No. There is no fixed minimum income that a sponsor must earn before giving the partner visa sponsor undertaking. The partner visa criteria for the Subclass 820, Subclass 801, Subclass 309 and Subclass 100 visas do not set an income figure for the sponsor. Our answer to does my sponsor need a minimum income and our guide to partner visa income requirements explain this in more detail.

That does not mean income is irrelevant. The partner visa sponsor undertaking is a promise to provide accommodation and financial assistance if needed. A promise like that only has value if the person making it is in a position to keep it. For that reason, the Department can ask about the sponsor's circumstances, and a sponsor with very limited means should expect questions about how the couple will manage.

Many sponsors on modest incomes give the partner visa sponsor undertaking and are approved. What matters is an honest, coherent picture of how the couple will live: who works, what housing they have, what savings or support exist, and how the sponsored partner will contribute once they can work. Our guide to partner visa financial evidence and the answer on what financial evidence for a partner visa means show how that picture is usually presented.

How the Department may assess the sponsor's capacity

The Department may assess whether a sponsor is able to meet the obligations in the partner visa sponsor undertaking by looking at the sponsor's financial and employment standing, and at the availability and adequacy of the accommodation. The Department's published family sponsorship information states that if it assesses that the sponsor's obligations cannot be met, the sponsorship cannot be approved. How closely this is applied in a particular partner matter depends on the facts.

In practice, a case officer looking at the partner visa sponsor undertaking may want to understand:

• the sponsor's work, business or other income;
• whether the sponsor owns, rents or shares their home, and whether it is suitable for the people being sponsored;
• whether the sponsor receives social security payments;
• how many other people the sponsor already supports; and
• whether the sponsored partner has skills, savings or other resources of their own.

None of these points is a separate legal test. They are the facts that show whether the partner visa sponsor undertaking is realistic. The answer is usually best given through ordinary documents, such as payslips, tax records, a lease or mortgage statement, and a short explanation in the relationship evidence. Our article on partner visa mortgage and home loan issues covers one common situation.

Sponsors receiving Centrelink payments

A sponsor who receives Centrelink payments can still give the partner visa sponsor undertaking. Receiving a payment does not, on its own, prevent sponsorship. However, it is a fact the Department may look at when it considers whether the sponsor can provide accommodation and financial assistance if needed. The explanation should be honest and should show how the household will be supported. Our page on whether a lawyer can help if your sponsor is on Centrelink explains how these matters are prepared.

Sponsors who are self-employed, unemployed or bankrupt

A sponsor whose income is irregular, or who is between jobs, is not barred from giving the partner visa sponsor undertaking. Self-employed sponsors should be ready to show how the business supports the household. Sponsors who are unemployed should explain how the couple will manage and what other resources exist. A sponsor who has been bankrupt may face closer questions. Our guides to self-employment and partner visas, partner visas when you are unemployed and partner visas after bankruptcy deal with each situation.

Partner visa sponsor undertaking versus an Assurance of Support

The partner visa sponsor undertaking and an Assurance of Support are different commitments. The undertaking is a promise to provide accommodation and financial assistance to the sponsored person if they need it. An Assurance of Support is a separate legal commitment by a person, called the assurer, to repay to the Australian Government certain recoverable welfare payments made to the people covered by the assurance.

The Department's own sponsorship information describes the Assurance of Support as a two-stage process: the assurer lodges an Assurance of Support form and pays an Assurance of Support bond, which is held and managed by Services Australia. Services Australia assesses and approves the assurer, and the assurer does not have to be the sponsor. The Department's family sponsorship information describes the Assurance of Support as mandatory for visas such as Parent and Contributory Parent visas.

For partner visas, the position is different. The partner visa criteria do not make an Assurance of Support a standard requirement in the way they do for those other family visas. A sponsor of a partner visa therefore gives the partner visa sponsor undertaking, but is not ordinarily asked to lodge an Assurance of Support or pay a bond. If a sponsor has been told otherwise, the advice should be checked against the sponsor's actual circumstances.

The practical difference is significant. Under an Assurance of Support, recoverable welfare payments can be recovered from the assurer. The partner visa sponsor undertaking does not involve a bond held by Services Australia. It is a formal commitment that the Department relies on when it approves the sponsorship, and the sponsor should treat it seriously, but it should not be confused with a promise to repay Centrelink payments. Sponsors who want certainty about their own exposure should take advice before signing.

What else the sponsor declares when signing

When a sponsor gives the partner visa sponsor undertaking, they also make several declarations and consents in the same sponsorship application. Each one has legal consequences, and a sponsor should read them as carefully as the undertaking itself.

Truthfulness of the information

The sponsor declares that the information given in the sponsorship is complete, correct and up to date. That includes details of the sponsor's relationship history, earlier sponsorships, their own visa history, their family and their home. If any detail changes before a decision is made, the Department should be told. Our guides to Form 1022 for reporting changes and Form 1023 for correcting answers explain how changes and errors are reported.

Earlier sponsorships and sponsorship limitations

The sponsorship asks whether the sponsor has sponsored a partner before, or was themselves sponsored as a partner. These answers engage the partner visa sponsorship limitations in regulation 1.20J. A person may have at most two approved partner or fiancé sponsorships, and there are five-year rules that can be waived in compelling circumstances. Our guide to when a sponsor cannot sponsor a partner, and the answers on sponsoring more than one partner and sponsoring after being sponsored yourself, explain how the rules work.

Consent to disclosure of convictions

The sponsor must consent to the disclosure of any convictions for relevant offences. The partner visa criteria require this consent, and the Department's policy is that if the sponsor is silent, the Department sends a request for consent. If consent is not given, the criterion is not met, and the visa cannot be granted. Where a sponsor has a conviction for a relevant offence, regulations 1.20KC and 1.20KD allow the sponsorship to be approved if it is reasonable to do so. Our answers on whether a sponsor's criminal record stops a partner visa and on partner visa character requirements explain the rules.

Police certificates

The Department's partner visa information states that sponsors need to provide police certificates when they submit the sponsorship, or as soon as possible afterwards. These certificates allow the Department to check the matters the sponsor has declared. Our answer to do I need a police check for a partner visa, and our guides to the AFP police check, overseas police certificates and expired police checks, explain which certificates are needed and when. In Sathandla Halli Vijayakumar (Migration) [2022] AATA 91, a Subclass 820 matter, the reported issues included insufficient information concerning the sponsor, the sponsorship declaration and a National Police Check. The decision was remitted.

What happens if the sponsor gives false information?

False information given by a sponsor can lead to the refusal of the partner's visa application, and a visa granted on the basis of false information may later be cancelled. The Department's forms warn that giving false or misleading information is a serious offence. The person most exposed in practice is often the sponsored partner, whose visa depends on the sponsorship.

The Department also applies public interest criterion 4020 to partner visa applications. That criterion concerns false or misleading information and bogus documents given in relation to an application. Our guides to PIC 4020 for partner visas and to partner visa false information refusals explain how it is applied, and our answer on an honest mistake versus PIC 4020 explains why a genuine error is treated differently from a deliberate one.

The most common problems are not dramatic lies. They are omissions: an earlier relationship not mentioned, a previous sponsorship left out, a conviction the sponsor believed did not count, or an address history that does not match other records. Each one can turn a straightforward partner visa sponsor undertaking into a credibility problem. Our article on incorrect answers found by the Department explains how these issues are usually raised.

What Tribunal decisions show about sponsor financial support

Published Tribunal decisions show that financial support from the sponsor, which is the subject of the partner visa sponsor undertaking, is a normal feature of genuine relationships and can be part of the evidence that a relationship meets the legal test. The decisions below were remitted, which means the Tribunal sent the matter back to the Department for reconsideration. A remittal is not a visa grant, and each decision turned on its own facts.

• Gaspar (Migration) [2024] AATA 4055. A Subclass 820 matter in which the reported issues were that the applicant was wholly reliant upon the sponsor's income to meet her day-to-day needs, and that the parties saw their relationship as a long-term commitment.
• Friedrich (Migration) [2021] AATA 4849. A Subclass 309 matter in which the reported issues included a genuine and continuing relationship, regular visits, funds for the applicant and stepdaughter's studies, and provisions in the sponsor's will.
• Singh (Migration) [2018] AATA 5925. A Subclass 309 matter in which the reported issues included a genuine spousal relationship, a sponsor who financially supports the visa applicant, the parties living in separate countries for the past 10 years, and a widely recognised relationship.

These decisions illustrate a simple point. Financial dependence on the sponsor is not a weakness. The partner visa sponsor undertaking assumes that a sponsor may need to support their partner. Where that support sits within a wider shared life, it can help show commitment.

Can a sponsor withdraw the partner visa sponsor undertaking?

Yes. A sponsor can withdraw their sponsorship, and with it the partner visa sponsor undertaking, at any time before the Department decides the permanent partner visa application. The Department's partner visa information states this directly. Our answers to can my sponsor withdraw sponsorship after I apply and what if my sponsor withdraws but we reconcile explain the process from both sides.

Withdrawal has serious consequences for the applicant. The partner visa criteria require the sponsorship to be approved and to remain in force at the time of decision. If the sponsor withdraws before the decision, the application will usually be refused unless an exception applies, such as the family violence provisions or the death of the sponsor. Our answer on what happens if my partner's sponsorship is refused explains the result.

Published Tribunal decisions show that withdrawal is not always the end of the matter. In Phan (Migration) [2020] AATA 513 and Rafique (Migration) [2020] AATA 1827, both Subclass 820 matters, the reported issues included a withdrawn sponsorship, a relationship that had ceased, and a child of the relationship. In Haikin (Migration) [2019] AATA 3241, also a Subclass 820 matter, the reported issues were that sponsorship was withdrawn, the relationship with the sponsor had ceased, and the applicant was a family violence victim. Each decision was remitted. These matters turn on their facts and need careful advice.

A sponsor should not withdraw in anger or as a threat. Withdrawal of the partner visa sponsor undertaking is a formal step that can end the partner's path to permanent residence. Where a sponsor is using sponsorship as a form of control, our page on help when a sponsor is abusive and our guide to partner visa family violence options explain the protections available.

What happens to the partner visa sponsor undertaking if the relationship ends?

If the relationship ends, the sponsor can notify the Department, and the partner visa sponsor undertaking does not give either person a right to keep the relationship going for visa purposes. The Department's partner visa information states that a "Notification of Relationship Cessation" form may be completed in the "Update Details" tab of ImmiAccount. What happens next depends on the stage of the application and the facts.

Before the permanent visa is decided, the applicant generally needs the relationship to continue, unless an exception applies. Our guides to partner visa relationship breakdown, Subclass 820 relationship breakdown and what happens if we break up during the process explain the options. If the sponsor dies, our guide to a partner visa after a partner's death and the answer on what happens if my sponsor dies apply.

After the visa is granted, the sponsor's commitment does not disappear simply because the couple separate, but the initial period is limited, and the undertaking is not a promise of indefinite support. This article focuses on the moment of signing. The position after grant, including what a former sponsor can and cannot be expected to do, is a separate question that should be the subject of specific advice.

The partner visa sponsor undertaking at the permanent stage

The partner visa sponsor undertaking is given once, at the sponsorship stage linked to the temporary visa, and it is not signed again for the permanent visa. The Department's policy explains that there is no separate sponsorship approval process for the Subclass 801 and Subclass 100 visas. The permanent stage criteria refer back to the sponsor approved for the temporary visa.

For the Subclass 801 visa, the applicant must continue to be sponsored by the person who sponsored them for the Subclass 820 visa, and must continue to be that person's spouse or de facto partner. That is why the partner visa sponsor undertaking matters throughout the whole process. Our guide to Subclass 820 and Subclass 801 and our list of second stage documents explain what the permanent stage involves. A sponsor cannot be changed partway through a partner application, as our answer on changing your sponsor explains.

What if the sponsorship is not approved?

If the sponsorship is not approved, the partner visa must be refused. The Department's policy for partner visas states that the approval of a sponsor is part of the decision to grant or refuse the visa itself, and that no separate notice is issued to the sponsor. A problem with the partner visa sponsor undertaking, the sponsor's declarations or the sponsor's eligibility therefore becomes a visa refusal.

A partner visa refusal can usually be reviewed by the Administrative Review Tribunal, which replaced the Administrative Appeals Tribunal on 14 October 2024. The application for review 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. At the time of writing, the migration review application fee is AUD 3,727, with a 50 per cent reduction available for severe financial hardship. Our guides to the partner visa appeal deadline, who can lodge a partner visa appeal and the ART review process explain the steps. Our partner visa refusals and visa refusals pages set out how review matters are handled.

Several published decisions concern sponsorship requirements. In Almendras (Migration) [2024] AATA 696, a Subclass 309 matter, the reported issues were sponsorship requirements and a genuine spousal relationship. In Yasa (Migration) [2021] AATA 4402, also a Subclass 309 matter, the reported issues were evidence of sponsorship and a genuine and continuing relationship. Both decisions were remitted. If the Tribunal affirms a refusal and its decision contains a legal error, judicial review may be available, subject to its own strict time limit.

Questions to ask before signing the partner visa sponsor undertaking

A sponsor should be able to answer a few practical questions before signing the partner visa sponsor undertaking. Thinking these through in advance avoids most of the problems that arise later.

• Can I provide adequate accommodation for my partner and any children included in the application?
• If my partner cannot work for a time, can I meet their reasonable living needs?
• Have I sponsored a partner before, or was I sponsored as a partner, and does that engage the sponsorship limitations?
• Do I have any convictions, in Australia or overseas, that I need to disclose and explain?
• Is every detail in my sponsorship consistent with my own visa history and the applicant's application?
• Who will pay the visa application charge, and how will we budget for the costs ahead?

On the last point, our answer on who pays the partner visa fee and our guides to the Subclass 820 visa cost and partner visa fee increases explain the charges. At the time of writing, the partner visa application charge shown on the Department's website for most applicants is AUD 11,710. A sponsor who is a temporary visa holder should first read whether they can sponsor at all, as our answer on temporary visa holder sponsors explains.

How My Migration Lawyers helps with the partner visa sponsor undertaking

My Migration Lawyers advises sponsors and applicants on the partner visa sponsor undertaking before it is signed, and acts when sponsorship issues have already led to a request for information, a refusal or a review. The firm deals with complex partner visa cases and acts in many matters of this exact type, including sponsors on modest or irregular incomes, sponsors receiving Centrelink payments, sponsors with earlier sponsorships, sponsors with criminal records, and matters where a sponsorship was withdrawn or never lodged. It is capable of handling these matters from first advice through to review.

The work on a partner visa sponsor undertaking matter usually includes:

• Checking eligibility first. Confirming that the sponsor can sponsor, including citizenship or residence status, age, and the sponsorship limitations. The firm obtains the relevant visa history itself where it can, rather than asking clients for old documents they do not keep.
• Explaining the undertaking. Taking the sponsor through each commitment in the partner visa sponsor undertaking, how long it lasts, and how it differs from an Assurance of Support, so the sponsor signs with a clear understanding.
• Presenting the sponsor's capacity. Selecting the documents that honestly show the sponsor's income, housing and resources, and explaining any difficult facts, such as Centrelink payments or self-employment.
• Reviewing declarations. Checking the sponsor's answers about relationship history, earlier sponsorships and convictions against the records, so the sponsorship is accurate and consistent with the applicant's application.
• Managing police certificates and consent. Advising on the police certificates the sponsor needs and on the consent to disclosure of convictions, and preparing submissions where regulations 1.20KC and 1.20KD are engaged.
• Responding to the Department. Preparing responses to section 56 requests and section 57 letters that raise concerns about the sponsor.
• Review. Applying to the ART within time if the visa is refused because of a sponsorship issue, and presenting the case at hearing.

The firm is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, how a partner visa lawyer consultation works, and what makes complex partner visa applications different. If an application has already been lodged, a partner visa second opinion or an application review before lodgement can identify sponsorship problems before the Department does. We act for sponsors and applicants across Australia, including through our partner visa lawyers in Sydney, Melbourne, Brisbane and Perth, and for couples applying from overseas through our offshore partner visa lawyer service.

The partner visa sponsor undertaking is a short promise with long consequences. Book a consultation with My Migration Lawyers online, or call 1300 040 300.