What Is Form 40SP for a Partner Visa?

Who completes Form 40SP?

Form 40SP is completed by the sponsor, who is the Australian citizen, Australian permanent resident or eligible New Zealand citizen in the relationship. The applicant does not complete it. For an application lodged online, the sponsor usually receives an invitation or uses the application reference to complete the sponsorship in their own ImmiAccount. Our article on how to create an ImmiAccount explains the first step for sponsors who do not yet have one.

What does Form 40SP ask the sponsor?

Form 40SP asks the sponsor for identity and residence details, the history of the relationship, any previous partner sponsorships, any earlier sponsorship of the sponsor themselves as a partner, and declarations about criminal history. The sponsor also gives an undertaking to support the applicant, including accommodation and financial assistance, as the form describes. Our article on partner visa sponsorship limitations explains why the history questions matter.

Do the sponsor's answers need to match the applicant's application?

The sponsor's answers need to match the applicant's application on every shared fact, including when the couple met, when they began living together, when they married and the addresses they shared. Differences between the two forms are a common reason the Department questions the relationship. Our article on partner visa conflicting statements explains how inconsistencies arise and how to avoid them.

When must the sponsor provide police certificates?

The sponsor must provide police certificates where the partner visa application includes children under 18, because the Department assesses the sponsor's history to protect children. Sponsors with relevant offences may be refused approval as a sponsor. Our page on partner visa sponsorship limitations explains when a sponsor cannot sponsor, including the limits in regulation 1.20J.

What documents does the sponsor provide with Form 40SP?

The sponsor provides evidence of identity, evidence of Australian citizenship, permanent residence or eligible New Zealand citizenship, and their share of the relationship evidence. Sponsors also commonly contribute to the relationship statement. Our article on partner visa document checklist lists the sponsor documents, and our article on the partner visa relationship statement explains how the sponsor contributes.

What happens if the sponsorship is not approved?

If the sponsorship is not approved, the partner visa cannot be granted, because an approved sponsor is a requirement of the visa. Sponsorship refusals often arise from sponsorship limits or from the sponsor's history. A sponsor who withdraws the sponsorship before a decision also leaves the application without an approved sponsor, unless a provision such as the family violence provisions applies. Problems with the sponsorship should therefore be identified and dealt with before lodgement, while there is still time to seek a waiver or prepare evidence of compelling circumstances. Our page on partner visa refusals explains the review options.

How does My Migration Lawyers prepare the sponsor's side of a partner visa?

My Migration Lawyers prepares the sponsorship together with the applicant's application, so that both parts tell the same relationship history with the same dates. The firm checks the sponsor's eligibility and any previous sponsorships before lodgement, prepares the sponsor's documents and explains each declaration before it is made. Sponsors can speak with our partner visa lawyers about their role.