Form 40Sp – Fill Out and Use This PDF

Sponsorship for a partner

to migrate to Australia

Form

40SP

Important – Please read this information carefully before you complete your application. Once you have completed your application we strongly advise that you keep a copy for your records.

This form 40SP is to be completed by the sponsor of persons applying for a partner category visa either outside Australia or in Australia.

If the fiancé(e) or partner you are sponsoring is applying outside Australia, your fiancé(e) or partner will be applying to migrate. If your fiancé(e) or partner is applying in Australia, your fiancé(e) or partner will be applying for permanent residence. In this form, the term ‘migrate’ covers both.

For details on partner category visa processing, see booklet 1, Partner Migration, which is available on the Department of Immigration and Border Protection (the department) website www.immi.gov.au/allforms/

Further information on partner category migration is available from www.immi.gov.au/migrants/ or the department’s enquiry line (see information box on page 5).

Integrity of sponsorship

The department is committed to maintaining the integrity of the visa and citizenship programmes. In relation to this application, if you or a member of your family unit:

•provide, or have provided in a previous application, fraudulent documents or false or misleading information (knowingly or not); and/or

•fail to satisfy, or have failed to satisfy in a previous application, the Minister for Immigration and Border Protection of your or their identity;

this visa application may be refused and you, and any members of your family unit, may become unable to be granted a visa for specified periods of time, as set out in migration legislation.

If documents are found to be fraudulent or information to be incorrect after the grant of a visa, the visa may subsequently be cancelled.

Who can sponsor

To sponsor a fiancé(e) or partner visa applicant:

•you must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen; and

•if you are the holder of a Woman at Risk (subclass 204) visa granted to you in the past 5 years, the person you are sponsoring must not have been your partner or former partner when that visa was granted to you.

Additional requirements

For sponsors of a Prospective Marriage visa applicant:

•you must be at least 18 years of age when the application is lodged.

For sponsors of a Partner visa applicant:

•if your partner is applying on de facto grounds, you must be at least 18 years of age when the application is lodged;

•if your partner is applying on spouse grounds, you must be at least 18 years of age when the application is lodged, or, if you are under 18, your parent or guardian must sponsor the visa applicant on your behalf, in which case they should complete all information on this form.

‘Partner’ means your spouse or de facto partner (including same-sex partners).

If you are an Australian permanent resident or eligible

New Zealand citizen, you are required to be usually resident in Australia.

Note: If you are an eligible New Zealand citizen who is sponsoring their fiancé(e) or partner, in addition to meeting the usually resident requirement, you must meet health and character requirements. After your fiancé(e) or partner has lodged their complete visa application (which will include your sponsorship application), the department will contact you to advise if you need to undertake health and/or character checks.

If you have previously sponsored a partner or been sponsored as a partner

Your partner’s visa application may be refused if you are affected by the following sponsorship limitations that are imposed if you:

•have previously sponsored or nominated* 2 other persons as a fiancé(e) or partner for migration to Australia (including sponsorships/nominations you may have withdrawn but your former fiancé(e) or partner obtained permanent residence on family violence grounds); or

•have sponsored another fiancé(e) or partner within the last 5 years; or

•were sponsored as a fiancé(e) or partner yourself within the last 5 years.

You may still be approved as sponsor of your fiancé(e) or partner in compelling circumstances, which include:

•if your previous partner has died; or

•if your previous partner has abandoned the relationship, leaving young children; or

•if your relationship with your current fiancé(e) or partner is long-standing; or

•if you and your current fiancé(e) or partner have children of your relationship.

If you are a current or previous contributory parent category visa holder

If you have been granted a permanent contributory parent category visa on or after 1 July 2009, you are unable to sponsor a person for a partner or fiancé(e) visa for 5 years from your visa grant date if you were in a married or de facto relationship with that person on or before the date you were granted the contributory parent category visa.

There are some exceptions to this limitation if you can provide compelling reasons. Compelling reasons may include if your partner was unable to migrate with you because of a major family illness or other significant obligations, other than financially-related obligations. In this situation, the department expects that you will be able to provide evidence of a change in circumstances that now allows your partner to apply for the Partner or Prospective Marriage visa.

*Prior to 1 July 2002, persons who applied in Australia for migration to Australia as a partner were ‘nominated’ by their partner. Those who applied outside Australia as a fiancé(e) or partner were ‘sponsored’. Approved sponsorships or nominations are those that resulted in a visa being granted to the applicant.

Reducing family violence

Family violence is an unacceptable occurrence that has a tragic impact on the lives of victims, the community and the economy. The Australian Government is committed to achieving a reduction in family and sexual violence, particularly against women and their children. As part of this commitment, all successful applicants will be provided with a link in their visa grant letter to information about family and sexual violence, forced marriage and Australian law, and the services and support available within Australia.

Protection of children

The Australian Government considers that the safety of children is paramount and this is reflected in policies about the sponsorship of minors for visas to enter Australia. The government wants to ensure that children seeking to enter Australia under partner and child visas are protected from being sponsored by people with convictions for child sex offences or other serious offences indicating that they may pose a significant risk to a child in their care.

A sponsorship limitation in the Migration Regulations prevents a sponsorship from being approved if one of the proposed applicants is under 18 and the Minister is satisfied that the sponsor has a conviction or outstanding charge for a registrable offence. Sponsors of partner or prospective marriage visa applications which include an applicant aged under 18 years, are required to provide an AFP National Police Check and/or foreign police certificate(s) as part of the process of assessing the application. The results of the police certificate(s) are used by the department to assess the sponsorship application and whether or not the visa application satisfies public interest criteria relating to the best interests of the children.

A sponsorship that would otherwise be refused under this limitation may be approved at the discretion of the Minister or his delegate if 5 years have passed since completion of the sentence for the last relevant offence and there are compelling circumstances affecting the sponsor or the visa applicant.

In addition to the AFP National Police Check or other police certificate(s), sponsors must disclose to the department any information relating to any conviction for child sex offences they have had or any charges currently awaiting legal action. It is also important that migration applicants, and any non- migrating person who can lawfully determine where a migrating minor child is to live, are informed when the sponsor has such convictions or outstanding charges.

When the department is aware of any convictions or charges of this nature, through either:

•the AFP National Police Check or other police certificate(s) provided; or

•the answers you provide to Question 37 on this form 40SP; or

•liaison with relevant Commonwealth, state and territory agencies;

it may inform the migration applicant, and any non-migrating person who can lawfully determine where the applicant’s migrating minor child may live, about the convictions or charges. Signing the sponsorship undertaking will be taken as your acknowledgement of this approach.

How to sponsor

You must ensure that you:

•are eligible to sponsor your fiancé(e) or partner (for example, you may not be able to sponsor if you are the holder of a Refugee Woman at Risk (subclass 204) visa or you are subject to sponsorship limitations – you will need to discuss your individual circumstances with the nearest office of the department);

•complete and sign this form; and

•send this form to your fiancé(e) or partner before your fiancé(e) or partner lodges their application.

Your fiancé(e) or partner should:

•complete a form 47SP Application for migration to Australia by a partner; and

•if applicable, arrange for a form 47A Details of child or other dependent family member aged 18 years or over to be completed and signed by each dependent child and dependent relative of your fiancé(e) or partner who is aged 18 years or over (whether or not they are migrating with your fiancé(e) or partner).

Your partner should lodge these form(s), together with this sponsorship form, by post or courier your application to the relevant Partner Processing Centre if you are applying in Australia, or Australian mission if you are applying outside Australia. Attach any documentation you are required to provide with your application. A list of the Partner Processing Centres can be found on the department’s website at www.immi.gov.au/contacts/

When you send this form to your fiancé(e) or partner, it is important that you tell them that the form 47SP, the form(s) 47A (if applicable), this sponsorship form, any supporting documentation and the visa application charge (or evidence that the charge has been paid) must be lodged together.

If your fiancé(e) or partner is applying outside Australia and you are able to demonstrate difficulty in forwarding mail to your fiancé(e) or partner, you should lodge this form at the nearest office of the department in Australia. That office will forward the sponsorship to the Australian mission nearest your fiancé(e) or partner.

Note: After your fiancé(e) or partner has lodged their partner category visa application, and before a decision is made on their visa, providing location requirements can be met, your fiancé(e) or partner may be able to have added to their application a dependent child who was previously not included in the application as a person migrating to Australia with your fiancé(e) or partner. In addition to your fiancé(e) or partner having to notify the department in writing of this addition, you may have to complete a new form 40SP to include that dependent child with your fiancé(e) or partner and any other family members you are sponsoring to migrate to Australia.

What documents do you need?

The department will need proof of your relationship with your fiancé(e) or partner.

It will help your fiancé(e) or partner’s application if you send with this form any documents that confirm your relationship.

If you have changed your name since birth, you should also provide evidence of this.

You will also need to send evidence of your permanent resident status in Australia (for example, a certified copy of the relevant pages of your passport identifying the Australian permanent resident visa or Resident Return visa label) or proof that you are an eligible New Zealand citizen*. An Australian citizen will need to send a certified copy of their citizenship certificate or, if Australian-born, a certified copy of their full birth certificate. If you are unsure about the documents needed to do this, contact the nearest office of the department.

You will also need to demonstrate that you will be able to meet your sponsorship obligations as undertaken by you when you complete and sign this form (see ‘Your sponsorship undertaking’ below). The information requested on this form, including documents relating to your employment and income, will assist the decision-maker in deciding whether you are able to meet these obligations.

If there is a dependant under 18 years of age, and you have spent a total of 12 months or more in Australia since turning

16 years of age, you will need to provide an AFP National Police Check. If there is a dependant under 18 years of age, and you have not spent a total of 12 months or more in Australia since turning 16 years of age, you must provide police certificates from each country in which you have spent a total of

12 months or more in the last 10 years since turning 16 years of age. You must provide the original police certificates.

To submit an AFP National Police Check, you must complete the AFP National Police Check application form which is available from the AFP website www.afp.gov.au

You should use Code 33 at Question 1 on the form and include details of any, and all, names you have been known by. If an AFP Certificate is provided based on incorrect information, the department may request another certificate. Fingerprints are not required for AFP National Police Checks.

If you are sending copies of documents, they will need to be certified as true copies of the original by a person authorised to witness statutory declarations (for a list of prescribed persons, see ‘Statutory declarations’ in booklet 1, Partner Migration).

It is in your interest to provide all the documents requested with the application. Failure to do so may result in processing of the application being delayed.

Your sponsorship undertaking

As a sponsor for your fiancé(e) or partner’s visa application to migrate to Australia, you sign a sponsorship undertaking at the end of this form.

If your fiancé(e) applies for and is granted a Prospective Marriage visa, as sponsor you will be responsible for all financial obligations to the Commonwealth that your fiancé(e) might incur during the period he/she is in Australia.

If your partner applies for and is granted a Partner visa, as sponsor you agree to provide adequate accommodation and financial assistance as required to meet your partner’s reasonable living needs. If your partner is applying outside Australia, this assistance would cover their first 2 years in Australia. If your partner is applying in Australia, this assistance would cover the 2 years following the grant of his/her partner visa. You are also required to provide financial and other support, such as childcare, that will enable your partner to attend appropriate English classes.

By signing the undertaking, you will also be agreeing to provide information and advice to help your fiancé(e) or partner settle in Australia. This information and advice should include telling your partner about employment in Australia.

It is important that your fiancé(e) or partner and his or her dependants understand that a good standard of spoken and written English is essential if they want to work in Australia. Without these skills, it will be very difficult for them to gain employment at a level commensurate with their job skills and qualifications. They should therefore assess their own employment prospects in Australia, whether or not they intend to work immediately.

Important information about privacy

Your personal information is protected by law, including the Privacy Act 1988. Important information about the collection, use and disclosure (to other agencies and third parties, including overseas entities) of your personal information, including sensitive information, is contained in form 1442i Privacy notice. Form 1442i is available from the department’s website www.immi.gov.au/allforms/ or offices of the department. You should ensure that you read and understand form 1442i before completing this form.

Note: Under section 234 of the Migration Act 1958 (the Act), you may be prosecuted for deliberately providing false or misleading information to the department.

When sponsorship applications present potential child protection issues, the department may provide the information that raises child protection concerns to the visa applicant(s) and any non-migrating person who can lawfully determine where the applicant’s migrating minor child may live. See Protection of children on page 2.

Obtaining information about you from other agencies and organisations

Under section 56 of the Act, the department may seek information about you that is relevant to your sponsorship application from other agencies and organisations. The agencies/organisations may include:

•federal, state or territory government agencies;

•federal, state or territory law enforcement agencies;

•state or territory housing authorities (including private landlords);

•local government authorities;

•financial institutions;

•educational institutions;

•private businesses (including telecommunication and internet service providers, insurance companies); and

•any other relevant businesses or agencies.

Immigration assistance

A person gives immigration assistance to you if he or she uses, or claims to use, his or her knowledge or experience in migration procedure to assist you with your visa application, request for ministerial intervention, cancellation review application, sponsorship or nomination.

In Australia a person may only lawfully give immigration assistance if he or she is a registered migration agent or is exempt from being registered. Only registered migration agents may receive a fee or reward for providing immigration assistance.

If an unregistered person in Australia, who is not exempt from registration, gives you immigration assistance they are committing a criminal offence and may be prosecuted.

Migration agents in Australia

Migration agents in Australia must be registered with the Office of the Migration Agents Registration Authority (Office of the MARA) unless they are exempt from registration.

Migration agents outside Australia

Migration agents who operate outside Australia do not have to be registered. The department may give some overseas agents an ID number. This number does not mean that they are registered.

Note: Some Australian registered migration agents operate overseas.

Migration agent information

A migration agent is someone who can:

•advise you on the visa that may best suit you;

•tell you the documents you need to submit with your application;

•help you fill in the application and submit it; and

•communicate with the department on your behalf.

If you appoint a migration agent, the department will assume that your migration agent will be your authorised recipient, unless you indicate otherwise.

Your migration agent will be the person with whom the department will discuss your application and from whom it will seek further information when required.

You are not required to use a migration agent. However, if you use a migration agent, the department encourages you to use a registered migration agent. Registered agents are bound by the Migration Agents Code of Conduct, which requires them to act professionally in their clients’ lawful best interests.

Information on migration agents, including a list of registered migration agents, is available on the Office of the MARA website www.mara.gov.au

You can also access information about migration agents on the department’s website www.immi.gov.au

Exempt persons

The following people do not have to be a registered migration agent in order to provide immigration assistance, but they must not charge a fee for their service:

•a close family member (spouse, de facto partner, child, parent, brother or sister);

•a member of parliament or their staff;

•an official whose duties include providing immigration assistance (eg. a Legal Aid provider);

•a member of a diplomatic mission, consular post or international organisation.

Appointing a migration agent/exempt person

To appoint a migration agent/exempt person you should complete Part J – Options for receiving written communications.

Your migration agent/exempt person should complete form 956 Advice by a migration agent/exempt person of providing immigration assistance.

Form 956 is available from the department’s website www.immi.gov.au/allforms/

Options for receiving written communications

If you do not appoint a migration agent/exempt person you may still authorise another person, in writing, to receive written communications on your behalf. This person is called the authorised recipient.

Authorised recipient information

All written communication about your application will be sent to your authorised recipient, unless you indicate that you wish to have health and/or character information sent directly to you.

The department will communicate with the most recently appointed authorised recipient as you may only appoint one authorised recipient at any time for a particular application.

You will be taken to have received any documents sent to that person as if they had been sent to you.

To appoint an authorised recipient you should complete:

•Part J – Options for receiving written communications; and

•form 956A Appointment or withdrawal of an authorised recipient.

Note: Migration agents/exempt persons do not need to complete form 956A.

Form 956A is available from the department’s website www.immi.gov.au/allforms/

Sponsorship for a partner

to migrate to Australia

Form

40SP

Please use a pen, and write neatly in English using BLOCK LETTERS. Tick where applicable 3

Part A – Application overview

1How many people are included in this sponsorship for migration?

8What is your citizenship/residence status in Australia? (Tick one box only)

Australian citizen by birth			Please attach proof
Australian citizen by grant			Date of arrival in Australia
			DAY	MONTH	YEAR

Part B – Your details

2	Your full name (as shown in your passport or travel document)
	Family name
	Given names
3
	Name in your own language or script (if applicable)

Permanent resident of Australia

Eligible New Zealand citizen

Note: For definition of eligible New Zealand citizen, see footnote on page 3.

Attach proof of citizenship and length of residence

Date of arrival in Australia

DAY MONTH YEAR

Attach proof of length of residence

Length of residence in Australia

Please attach proof

4 Other ways you spell your name

Family name

Given names

5 Sex

Male

Female

DAY MONTH YEAR

6 Date of birth

7Place of birth Town/city Country

9If you hold any nationality or citizenship other than Australian citizenship, please give details

1. Country

DAY MONTH YEAR

Date acquired

How acquired?

2. Country

DAY MONTH YEAR

Date acquired

How acquired?

10Details from your passport

Passport number

Country of passport

DAY MONTH YEAR

Date of issue

DAY MONTH YEAR

Date of expiry

Issuing authority/ Place of issue as shown in your passport

11Your current residential address

POSTCODE

Note: If your residential address is not in Australia, please attach a statement at the end of this form outlining how you will meet your sponsorship obligations. See Question 52 Undertaking

12Address for correspondence

(If different to your residential address)

POSTCODE

13Your telephone numbers

	COUNTRY CODE		AREA CODE	NUMBER
Office hours	(	)	(	)
After hours
	(	)	(	)

14Do you agree to the department communicating with you by fax, email or other electronic means?

No
Yes			Give details
				COUNTRY CODE	AREA CODE	NUMBER
Fax number				(	) (	)

Email address

Part C – Fiancé(e) or partner’s details

15Fiancé(e) or partner’s full name (as shown in passport or travel document)

Family name Given names

Part D – Relationship details

Note: You must inform the department if your relationship ends before your fiancé(e) or partner’s visa application is decided.

Your current relationship details

21What is your current relationship status with the visa applicant?

DAY MONTH YEAR

Married			Date of marriage
			Place of marriage
			Date of intended marriage
Engaged
De facto			Date relationship began

22Are you related to the visa applicant by blood, marriage or adoption?

No Yes

23Have you and the visa applicant met in person?

Note: If you have only met over the internet, tick ‘No’.

No				DAY	MONTH	YEAR
Yes			When did you first meet?
			Where did you first meet?
24 When did you and the visa applicant				DAY	MONTH	YEAR
commit to a shared life together to the
exclusion of all others?

25Since you and the visa applicant committed to a shared life together to the exclusion of all others, have you lived separately and apart for any periods or time?

No

Yes

Give details of periods and reasons for the separation

16Fiancé(e) or partner’s name in his/her own language or script (if applicable)

17Other ways your fiancé(e) or partner spells his/her name Family name

Given names

18 Sex

Male

Female

DAY MONTH YEAR

19 Date of birth

20Fiancé(e) or partner’s residential address

POSTCODE

26Were you forced or coerced into entering this relationship with the visa applicant?

No Yes

Your previous relationship details

If insufficient space, give additional details at Part L

27Have you been married to a person other than the current visa applicant (including if you are still legally married to that person)? No

Yes	Name of previous spouse

DAY MONTH YEAR

Date of birth

Date of marriage

Date marriage ended

How did the marriage end?

(eg. divorce, separation, or if still married, reason why)

Number of children from this relationship

28Have you ever been in a same-sex or opposite-sex de facto relationship with a person other than the current visa applicant? No

Yes	Name of previous partner

Name of overseas post/Australian office where sponsorship or nomination was lodged

Was a visa granted?

	No		Yes			Date visa		DAY	MONTH	YEAR
						was granted
								DAY	MONTH	YEAR
	Date relationship ended
	How relationship ended (eg. divorce, death)
2.	Date application lodged for							DAY	MONTH	YEAR
	previous sponsorship/nomination

Name of person sponsored/nominated at time of sponsorship or nomination

Family name

Given names

If applicable, other names this person is, or has been, known by (including name at birth, previous married names, aliases)

DAY MONTH YEAR

Date of birth

Date relationship started

Date relationship ended

Family name

Given names

Date of birth of person sponsored/ nominated

DAY MONTH YEAR

Number of children from this relationship

29Have you previously sponsored/nominated a spouse, de facto partner, prospective spouse (fiancé(e)) or interdependent partner?

No		Yes		How many times?
Give the following details for EACH time you have
sponsored/nominated.
If insufficient space, give additional details at Part L
1. Date application lodged for						DAY	MONTH	YEAR
	previous sponsorship/nomination

Name of person sponsored/nominated at time of sponsorship or nomination

Family name

Given names

If applicable, other names this person is, or has been, known by (including name at birth, previous married names, aliases)

Relationship to you (spouse, de facto partner, fiancé(e), interdependent partner)

Name of overseas post/Australian office where sponsorship or nomination was lodged

Was a visa granted?

No		Yes			Date visa	DAY	MONTH	YEAR
					was granted
						DAY	MONTH	YEAR
Date relationship ended

How relationship ended (eg. divorce, death)

Family name

Given names

Date of birth of person sponsored/ nominated

DAY MONTH YEAR

30Were you sponsored/nominated to Australia as a spouse, de facto partner, prospective spouse (fiancé(e)) or interdependent partner?

No

Yes	Give details

DAY MONTH YEAR

Date of sponsorship/nomination

Name of overseas post/Australian office where sponsorship or nomination was lodged

DAY MONTH YEAR

Date relationship ended

How relationship ended (eg. divorce, death)

31Have you ever been granted a contributory parent category visa?

No			DAY	MONTH	YEAR
Yes		Date of visa grant

The visa applicant’s previous relationship details

If insufficient space, give additional details at Part L

32Has the visa applicant been married to a person other than you (including if they are still legally married to that person)?

No

Yes	Name of previous spouse

DAY MONTH YEAR

Date of birth

Date of marriage

Date marriage ended

How did the marriage end?

(eg. divorce, separation, or if still married, reason why)

Number of children from this relationship

33Has the visa applicant ever been in a same-sex or opposite-sex de facto relationship with a person other than you?

No

Yes	Name of previous partner

DAY MONTH YEAR

Date of birth

Date relationship started

Date relationship ended

Number of children from this relationship

34Has the visa applicant ever been engaged to be married to a person other than you?

No

Yes	Name of previous fiancé(e)

DAY MONTH YEAR

Date of birth

Date relationship started

Date relationship ended

Number of children from this relationship

Part E – Details of dependent visa applicants

35Give details of ALL your fiancé(e) or partner’s dependent family members who are included in this sponsorship

1.	Family name
	Given names
		DAY				MONTH	YEAR
	Date of birth							Male		Female
	Country of
	current residence
	Citizenship
2.	Family name
	Given names
		DAY				MONTH	YEAR
	Date of birth							Male		Female
	Country of
	current residence
	Citizenship
3.	Family name
	Given names
		DAY				MONTH	YEAR
	Date of birth							Male		Female
	Country of
	current residence
	Citizenship
4.	Family name
	Given names
		DAY				MONTH	YEAR
	Date of birth							Male		Female
	Country of
	current residence
	Citizenship

5.	Family name
	Given names
			DAY		MONTH	YEAR
	Date of birth							Male		Female
	Country of
	current residence
	Citizenship
6.	Family name
	Given names
			DAY		MONTH	YEAR
	Date of birth							Male		Female
	Country of
	current residence
	Citizenship
7.	Family name
	Given names
			DAY		MONTH	YEAR
	Date of birth							Male		Female
	Country of
	current residence
	Citizenship
8.	Family name
	Given names
			DAY		MONTH	YEAR
	Date of birth							Male		Female
	Country of
	current residence
	Citizenship

No

Yes

Go to Question 39

37Have you ever:

•specifically, been convicted of a crime or offence in any country (including any conviction which is now removed from official records),

relating to persons under the age of 18,
including but not limited to: child abuse, child
sex, endangering a child, indecent dealings with
a child, or possession of child pornography?	No

•specifically, been charged with any offence that is currently awaiting legal action, in any country, relating to persons under the age of 18,

including but not limited to: child abuse, child
sex, endangering a child, indecent dealings with
a child, or possession of child pornography?	No

Yes

Yes

Part G – New Zealand citizen sponsors

39Are you an eligible New Zealand citizen?

No	Go to Part H

Yes

40Have you ever:

•in addition to any crime or offence disclosed in response to Question 37, been convicted of a crime or offence in any country (including any conviction which is now removed from official

records)?

No

Yes

•in addition to any crime or offence disclosed in response to Question 37, been charged with any offence that is currently awaiting legal

action?

No

Yes

•been acquitted of any criminal offence or other offence on the grounds of mental illness,

	insanity or unsoundness of mind?	No		Yes
•	been removed or deported from any country
	(including Australia)?	No		Yes
• left any country to avoid being removed or
	deported?	No		Yes
•	been excluded from or asked to leave any
	country (including Australia)?	No		Yes
• committed, or been involved in, the commission
	of war crimes or crimes against humanity or
	human rights?	No		Yes
• been involved in any activities that would
	represent a risk to Australian national security?	No		Yes
• had any outstanding debts to the Australian
	Government or any public authority in Australia?	No		Yes

•been involved in any activity, or been convicted of any offence, relating to the illegal movement

of people to any country (including Australia)?

No

Yes

• served in a military force or state
sponsored/private militia, undergone any
military/paramilitary training, or been trained in
weapons/explosives use (however described)?	No	Yes

If you answered ‘Yes’ to any of the above questions, you must give ALL relevant details. If the matter relates to a criminal conviction, please give the nature of the offence, full details of the sentence and dates of any period of imprisonment or other detention.

Part H – About your home

41Type of dwelling:

House
Flat
Other	Specify

42 How many bedrooms does the dwelling have?

43 How many people live in the dwelling?

44What is the relationship of these people to you?

Child
Parent
Spouse
De facto partner
Sibling
Other	Specify

45Ownership of dwelling:

Own outright
Paying home loan
Public housing
Rent
Other	Specify

46Will the person you are sponsoring be living with you?

No			What accommodation do you propose for the person
			you are sponsoring?

Yes

Part I – Assistance with this form

47Did you receive assistance in completing this form?

No			Go to Part J
Yes			Please give details of the person who assisted you
Title: Mr				Mrs		Miss		Ms		Other

Family name

Given names

Address

							POSTCODE
Telephone number or daytime contact
		COUNTRY CODE			AREA CODE		NUMBER
Office hours
	(			) (		)

Mobile/cell

48Is the person an agent registered with the Office of the Migration Agents Registration Authority (Office of the MARA)?

No

Yes	Go to Part J

49Is the person/agent in Australia?

No	Go to Part J

Yes

50Did you pay the person/agent and/or give a gift for this assistance?

No Yes

Part J – Options for receiving written communications

51All written communications about this application should be sent to: (Tick one box only)

Myself
OR
Authorised			You should complete form 956A Appointment
recipient
			or withdrawal of an authorised recipient
OR
Migration agent			Your migration agent/exempt person should
OR			complete form 956 Advice by a migration
			agent/exempt person of providing
Exempt person			immigration assistance

Part K – Undertaking, declaration, acknowledgement and authorisation

52Undertaking

For sponsors of a Prospective Marriage visa applicant:

I agree to accept responsibility for:

•all financial obligations to the Commonwealth incurred by my fiancé(e) arising from their stay in Australia;

•my fiancé(e)’s compliance with all relevant legislation and awards in relation to any employment they enter into in Australia;

•my fiancé(e)’s compliance with the conditions of their Prospective Marriage visa.

For sponsors of a Partner visa applicant:

I agree to assist my partner, to the extent necessary:

•financially;

•in relation to accommodation in the first 2 years immediately after their Partner visa is granted (if they were granted the visa in Australia) or their first entry to Australia as a holder of the Partner visa (if they were granted the visa outside Australia).

Signature of sponsor

-

Name

DAY MONTH YEAR

Date

Declaration

WARNING: Giving false or misleading information or documents is a serious offence.

I declare that:

•the information I have given in this form is complete, correct and up-to-date;

•I will inform the department, in writing, if my relationship with my fiancé(e) or partner breaks down, they die or I withdraw my sponsorship;

•I understand that I may be prosecuted if I give false or misleading information or bogus documents, or mislead or deceive an officer of the department.

•I have read the information contained in form 1442i Privacy notice.

•I understand the department may collect, use and disclose my personal information (including biometric information and other sensitive information) as outlined in form 1442i Privacy notice.

Signature of sponsor

-

Name

DAY MONTH YEAR

Date

Acknowledgement

I acknowledge and accept that:

•my partner may be granted the permanent Partner visa even if our relationship breaks down and I withdraw my sponsorship (for example, on grounds of family violence or child of the relationship);

•if the relationship between my fiancé(e) or partner breaks down, Australian privacy laws prevent me from receiving further advice or information in relation to the progress or status of their visa application;

•I cannot sponsor another fiancé(e) or partner until 5 years have passed from the date my current fiancé(e) or partner makes their application, unless I have compelling circumstances;

•I cannot sponsor more than 2 fiancé(e)s or partners in total, unless I have compelling circumstances;

•my fiancé(e)’s or partner’s visa application may be refused or their visa cancelled if I have given false or misleading information or bogus documents.

Signature of sponsor

-

Name

DAY MONTH YEAR

Date

Authorisation

I authorise the department to obtain information relevant to my offer to provide this sponsorship from other government agencies or organisations. The agencies/organisations may include:

•federal, state or territory government agencies;

•federal, state or territory law enforcement agencies;

•state or territory housing authorities (including private landlords);

•local government authorities;

•financial institutions;

•educational institutions;

•private businesses (including telecommunication and internet service providers, insurance companies); and

•any other relevant businesses or agencies.

I acknowledge the department may inform the migration applicant, and any non-migrating person who can lawfully determine where the applicant’s migrating minor child may live, about the convictions or charges it becomes aware of through either my response to Question 37, other information I provide, or liaison with relevant Commonwealth, state or territory agencies.

Signature of sponsor

-

Name

DAY MONTH YEAR

Date

We strongly advise that you keep a copy of your application and all attachments for your records.

53

Question number

Additional information