40SP - Sponsorship for a partner to migrate to Australia

1 40SP (Design date 01/08) - Page 1 COMMONWEALTH OF Australia , 2008 This form 40SP is to be completed by the sponsor ofpersons applying for a partner visa either outsideAustralia or in the partner you are sponsoring is applying outsideAustralia, your partner will be applying to migrate . Ifyour partner is applying in Australia , your partner willbe applying for permanent residence. In this form, theterm migrate covers details on partner visa processing, see booklet 1, PartnerMigration, which is available on the Department ofImmigration and Citizenship (the department) or from any departmentaloffice or Australian mission overseas. Further information onpartner migration is available or the department s enquiryline (see information box on page 4).Who can sponsorIf you wish to sponsor a partner to enter or remain inAustralia: you must be an Australian citizen, Australian permanentresident or eligible New Zealand citizen; and generally, you must be aged 18 years or over1; and for a Prospective Marriage visa, you must be knownpersonally to your fianc (e) and have met as adults andthere must be no impediment to your marriage; or for a Spouse visa, you must be in a married or de factospouse relationship with your partner ; or for an Interdependency visa, you must be in aninterdependent relationship with your partner (generally, asame-sex relationship).

2 Limitations on sponsorshipYou should note that certain Sponsorship limitations are: the number of approved sponsorships/nominations2 youcan make is limited to 2, a minimum of 5 years apart; and if you were originally sponsored or nominated to Australia as a spouse, fianc (e) or interdependent partner , youcannot sponsor a new spouse, fianc (e) or interdependentpartner for a period of 5 years from when you on the next pageThere are some exceptions to these requirements incompelling circumstances. These include: if your previous spouse or partner has died; if your previous spouse or partner has abandoned therelationship, leaving young children; or if you have formed a new relationship that is of childrenThe department has concerns about Australian citizens andresidents who have been convicted of or are facing charges forchild sex offences and who are sponsoring partners and minorchildren for entry to Australia under family migrationarrangements.

3 While such cases are rare, it is essential thatyou as a sponsor disclose to the department any informationrelating to any conviction you have had or any chargescurrently awaiting legal action. It is also important thatmigration applicants, and any non-migrating persons withparental responsibility (as defined in section 61B of the FamilyLaw Act 1975) for the applicant s migrating minor child orchildren, are informed when the sponsor falls into thiscategory. Where the department is aware of any convictions orcharges of this nature, through either: the answers you provide to Question 38 on this form; or liaison with relevant Commonwealth agenciesit will ensure that the migration applicant, and anynon-migrating person with parental responsibility for theapplicant s migrating minor child or children, is informedabout the convictions or charges. Signing the sponsorshipundertaking will be taken as your acknowledgement of to sponsorYou must ensure that you: are eligible to sponsor your partner (for example, you maynot be able to sponsor if you are the holder of a RefugeeWoman at Risk (subclass 204) visa or you are subject tosponsorship limitations you will need to discuss yourindividual circumstances with the nearest office of thedepartment); complete and sign this form; and send this form to your partner before your partner lodgestheir partner should: complete a form 47SP Application for migration toAustralia by a partner ; and if applicable, arrange for a form 47A Details of child orother dependent family member aged 18 years or over tobe completed and signed by each dependent child anddependent relative of your partner who is aged 18 years orover (whether or not they are migrating with your partner ).

4 Your partner should lodge these form(s), together with thissponsorship form, at the nearest office of the department ifyour partner is applying in Australia , or at the relevantAustralian mission if your partner is applying outside Australia .(For the relevant office s contact details, see the department swebsite )2 Prior to 1 July 2002, persons who applied in Australia for migrationto Australia as a partner , were nominated by their partner . Thosewho applied outside Australia were sponsored . Approvedsponsorships or nominations are those which resulted in a visa beinggranted to the for a partnerto migrate to Australia1 If you are: aged 16 or 17 years; in Australia ; and wish to sponsor your fianc (e) or spouse who is aged 18 years orover, your parent or guardian must be your partner s sponsor. Yourparent or guardian must be an Australian citizen, an Australianpermanent resident or an eligible New Zealand citizen aged18 years or your parent or guardian is undertaking this Sponsorship , theyshould complete all information on the form about you on (Design date 01/08) - Page 2 When you send this form to your partner , it is important thatyou tell them that the form 47SP, the form(s) 47A (ifapplicable), this Sponsorship form, any supportingdocumentation and the visa application charge (or evidencethat the charge has been paid) must be lodged your partner is applying outside Australia and you are ableto demonstrate difficulty in forwarding mail to your partner ,you should lodge this form at the nearest office of thedepartment in Australia .

5 That office will forward thesponsorship to the Australian mission nearest your : After your partner has lodged their partner visaapplication, and before a decision is made on their visa,providing location requirements can be met, yourpartner may be able to have added to their applicationa dependent child who was previously not included inthe application as a person migrating to Australia withyour partner . In addition to your partner having tonotify the department in writing of this addition, youmay have to complete a new form 40SP to include thatdependent child with your partner and any other familymembers you are sponsoring to migrate to documents do you need?The department will need proof of your relationship with will help your partner s application if you send with thisform any documents that confirm your you have changed your name since birth, you should alsoprovide evidence of will also need to send evidence of your permanentresident status in Australia (for example, a certified copy of therelevant pages of your passport identifying the Australianpermanent resident visa or Resident Return visa label) orproof that you are an eligible New Zealand citizen3.

6 AnAustralian citizen will need to send a certified copy of theircitizenship certificate or, if Australian-born, a certified copy oftheir full birth certificate. If you are unsure about thedocuments needed to do this, contact the nearest office of will also need to demonstrate that you will be able tomeet your Sponsorship obligations as undertaken by youwhen you complete and sign this form (see Your sponsorshipundertaking below). The information requested on thisform, including documents relating to your employment andincome, will assist the decision-maker in deciding whetheryou are able to meet these you are sending copies of documents, they will need to becertified as true copies of the original by a person authorisedto witness statutory declarations (for a list of prescribedpersons, see Statutory declarations in booklet 1, PartnerMigration).It is in your interest to provide all the documents requestedwith the application.

7 Failure to do so may result in processingof the application being delayed. COMMONWEALTH OF Australia , 2008 Your Sponsorship undertakingAs a sponsor for your partner s visa application to migrate toAustralia, you sign a Sponsorship undertaking at the end ofthis your partner applies for and is granted a ProspectiveMarriage visa, as sponsor you will be responsible for allfinancial obligations to the Commonwealth that your partnermight incur during the period he/she is in your partner applies for and is granted a Spouse orInterdependency visa, as sponsor you agree to provideadequate accommodation and financial assistance as requiredto meet your partner s reasonable living needs . If your partneris applying outside Australia , this assistance would cover theirfirst 2 years in Australia . If your partner is applying in Australia ,this assistance would cover the 2 years following the grant ofhis/her partner visa.

8 You are also required to provide financialand other support, such as childcare, that will enable yourpartner to attend appropriate English signing the undertaking, you will also be agreeing toprovide information and advice to help your partner settle inAustralia. This information and advice should include tellingyour partner about employment in is important that your partner and their dependantsunderstand that a good standard of spoken and writtenEnglish is essential if they want to work in Australia . Withoutthese skills, it will be very difficult for them to gainemployment at a level commensurate with their job skills andqualifications. They should therefore assess their ownemployment prospects in Australia , whether or notthey intend to work of SupportAfter your partner has lodged their partner visa application,the department may ask them to request another person toprovide an Assurance of Support (AoS) on their behalf.

9 Thiswould be done if your partner is assessed as being apotentially high user of the Australian welfare system duringtheir first 2 years in Australia , or the 2 years following grant ofyour partner s visa if your partner is applying in Australia . Aswell as your partner s circumstances, your ability to supportyour partner (and any other dependants included in theapplication) may be taken into account by the decision-makerin deciding whether to request an AoS. Some of theinformation given by you on this form may be used for is an Assurance of Support?An AoS is an undertaking to provide financial support to theperson or persons applying to migrate so that the migrant willnot have to rely on any government forms of is also a legal commitment by a person to repay to theAustralian Government certain recoverable social securitypayments made by Centrelink to those covered by sponsor, you are not required to act as the assurer if youare not in a financial position to qualify.

10 Generally, a personwho has received the full rate of any pension, benefit orallowance (other than family payments) from Centrelinkduring the last year will not qualify as an assurer. Anotherperson who is an Australian citizen or permanent resident oreligible New Zealand citizen3 who is usually resident inAustralia and aged 18 years or over can act as the it is the department that decides whether or not anAoS is required, Centrelink has responsibility for assessing allAoS applications. For more information about the AoSscheme, see Fact sheet 34 at An eligible New Zealand citizen is one who held a Special CategoryVisa (SCV) on 26 February 2001; or held a SCV for at least 1 year inthe 2 years preceding that date; or has a certificate, issued under theSocial Security Act 1991, that states that the citizen was, for thepurposes of that Act, residing in Australia on a particular date andwho would have met certain health and character requirements onlast entry to your partner needs to lodge an AoS, the proposed assurerwill need to contact Centrelink about application : 132 850 (if you are calling within Australia )Telephone: 61 3 6222 3455(if you are calling from outside Australia )About the information you give to the departmentThe department is authorised to collect information relevantto an application for Sponsorship under Part 2 of theMigration Act 1958 Control of Arrival and Presence of Non-Citizens.