Form 40SP: Important Guide for Partner Visa Applications

The 40SP form, designed for sponsors, is crucial for your partner visa application. It acts as a bridge between sponsors and the immigration process. Properly filling out this form is essential for presenting a compelling case for your partner’s visa application in Australia. 


What is Form 40SP? 

Form 40SP, officially titled “Sponsorship for a partner to migrate to Australia,” is a fundamental document in the Australian visa application process. It is specifically for individuals sponsoring their partner’s visa application. The primary purpose of Form 40SP is to collect essential information about the sponsor, establishing their eligibility and commitment to supporting their partner’s immigration journey. This form helps immigration authorities assess the genuineness of the relationship


Who Needs to Fill Out Form 40SP? 

Form 40SP is required for individuals serving as sponsors in Australian partner visa applications. You (the sponsor), who is an Australian citizen, permanent resident, or eligible New Zealand citizen, must complete this form for the Partner visa application. Note that individuals must be at least 18 years old to fill out Form 40SP. Completing this form highlights sponsors' crucial role in facilitating their partner’s migration to Australia. 


When to Fill Out Form 40SP? 

The timing for submitting Form 40SP depends on the specific visa application you are lodging. Generally, Form 40SP needs to be completed after you lodge the Partner Visa Application.

Failure to submit Form 40SP when required may lead to delays or refusal of the visa application. Accurate information is essential for assessing the genuineness of the relationship. 

How to Fill Out Form 40SP? 

Follow these step-by-step instructions to complete Form 40SP: 

  1. Complete the Form on Immi Account: Complete the form online through your Immi Account.

  2. Read the Instructions: Review the accompanying instructions for insights into essential details and required supporting documents. 

  3. Provide Personal Details: Fill in your full name, date of birth, gender, and contact information. 

  4. Sponsorship Details: Include details about your relationship with the visa applicant, your current immigration status, and any previous sponsorships. 

  5. Character Declaration: Answer questions about criminal convictions, immigration violations, and previous visa cancellations. 

  6. Health Declaration: Provide information about any medical conditions that may impact the sponsorship. 

  7. Financial Details: Include your employment details, income, and any financial commitments to demonstrate your capacity to sponsor. 

  8. Consent to Communicate: Indicate your consent for the Department of Home Affairs to contact you regarding the sponsorship. 

  9. Sign and Date: Ensure you sign and date the form in the designated spaces. 

  10. Attach Supporting Documents: Include all required documents, such as identification, proof of relationship, and financial evidence. 

  11. Submit the Form: Submit the completed Form 40SP along with the partner visa application, following the specific submission instructions outlined in the visa application guide. 

 

What are the Limitations of Sponsor Approval? 

There are specific limitations regarding sponsorship for partner migration in Australia: 

  • Maximum of Two Sponsorships: An individual can only sponsor a maximum of two partners for migration to Australia throughout their lifetime. 

  • Waiting Period for Previous Sponsorships: If your partner has previously sponsored another partner, they must wait at least five years from the date of the previous sponsorship before sponsoring again. 

  • Waiting Period After Being Granted a Partner Visa: If your partner has been granted a partner visa, they can only sponsor you after a five-year waiting period from the date they lodged their own visa application. 


How Can Agape Henry Crux Help?

Finding the whole partner visa process complicated and confusing? Speak with one of our lawyers at Agape Henry Crux for professional advice and guidance for your visa matter. Our Accredited Specialists in Immigration Law are specialised in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.  

We speak fluent English, Mandarin, Cantonese and Malay. We can also help you arrange an interpreter if this isn't your language.  

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.