ESP Sponsorship
ESP Sponsorship
ESP Sponsorship
Important – Please read this information carefully before you ‘Partner’ means your spouse or de facto partner (including
complete your application. Once you have completed your same-sex partners).
application we strongly advise that you keep a copy for your If you are an Australian permanent resident or eligible
records. New Zealand citizen, you are required to be usually resident in
This form 40SP is to be completed by the sponsor of Australia.
persons applying for a partner category visa either
outside Australia or in Australia. If you have previously sponsored a partner or been sponsored as
a partner
If the fiancé(e) or partner you are sponsoring is
applying outside Australia, your fiancé(e) or partner Your partner’s visa application may be refused if you are
will be applying to migrate. If your fiancé(e) or partner affected by the following sponsorship limitations that are
is applying in Australia, your fiancé(e) or partner will imposed if you:
be applying for permanent residence. In this form, the • have previously sponsored or nominated* 2 other persons
term ‘migrate’ covers both. as a fiancé(e) or partner for migration to Australia
For details on partner category visa processing, see booklet 1, (including sponsorships/nominations you may have
Partner Migration, which is available on the Department of withdrawn but your former fiancé(e) or partner obtained
Immigration and Border Protection (the Department) website permanent residence on family violence grounds); or
www.border.gov.au/allforms/ • have sponsored another fiancé(e) or partner within the last
5 years; or
Further information on partner category migration is available
from www.border.gov.au or the Department’s enquiry line • were sponsored as a fiancé(e) or partner yourself within the
(see information box on page 4). last 5 years.
You may still be approved as sponsor of your fiancé(e) or
Integrity of sponsorship partner in compelling circumstances, which include:
The Department is committed to maintaining the integrity of • if your previous partner has died; or
the visa and citizenship programmes. In relation to this • if your previous partner has abandoned the relationship,
application, if you or a member of your family unit: leaving young children; or
• provide, or have provided in a previous application, • if your relationship with your current fiancé(e) or partner is
fraudulent documents or false or misleading information long-standing; or
(knowingly or not); and/or • if you and your current fiancé(e) or partner have children of
• fail to satisfy, or have failed to satisfy in a previous your relationship.
application, the Minister for Immigration and Border
Protection of your or their identity; If you are a current or previous contributory parent category visa
this visa application may be refused and you, and any members holder
of your family unit, may become unable to be granted a visa for If you have been granted a permanent contributory parent
specified periods of time, as set out in migration legislation. category visa on or after 1 July 2009, you are unable to
If documents are found to be fraudulent or information to be sponsor a person for a partner or fiancé(e) visa for 5 years
incorrect after the grant of a visa, the visa may subsequently from your visa grant date if you were in a married or de facto
be cancelled. relationship with that person on or before the date you were
granted the contributory parent category visa.
Who can sponsor There are some exceptions to this limitation if you can provide
To sponsor a fiancé(e) or partner visa applicant: compelling reasons. Compelling reasons may include if your
partner was unable to migrate with you because of a major
• you must be an Australian citizen, Australian permanent
family illness or other significant obligations, other than
resident or eligible New Zealand citizen; and
financially-related obligations. In this situation, the
• if you are the holder of a Woman at Risk (subclass 204) Department expects that you will be able to provide evidence
visa granted to you in the past 5 years, the person you are of a change in circumstances that now allows your partner to
sponsoring must not have been your partner or former apply for the Partner or Prospective Marriage visa.
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 *
Prior to 1 July 2002, persons who applied in Australia for migration
at least 18 years of age when the application is lodged, or, to Australia as a partner were ‘nominated’ by their partner. Those
if you are under 18, your parent or guardian must sponsor who applied outside Australia as a fiancé(e) or partner were
the visa applicant on your behalf, in which case they should ‘sponsored’. Approved sponsorships or nominations are those that
complete all information on this form. resulted in a visa being granted to the applicant.
© COMMONWEALTH OF AUSTRALIA, 2017 40SP (Design date 07/17) - Page 1
Reducing violence in the community How to sponsor
The Australian Government is committed to reducing violence You must ensure that you:
in the Australian community, including family and sexual • are eligible to sponsor your fiancé(e) or partner (for
violence. As part of this commitment, if you have been example, you may not be able to sponsor if you are the
convicted or charged with certain offences that may impact holder of a Refugee Woman at Risk (subclass 204) visa or
upon your eligibility to be approved as a sponsor. In order for you are subject to sponsorship limitations – you will need
a visa to be granted you must give the Department permission to discuss your individual circumstances with the nearest
to disclose any convictions to the visa applicant. Further, office of the Department);
where a visa applicant is under 18 years of age the Department • complete and sign this form; and
asks for your permission to disclose convictions to any other
• send this form to your fiancé(e) or partner before your
person who can lawfully determine where the child lives.
fiancé(e) or partner lodges their application.
The Department may ask you to provide one or both of the
Your fiancé(e) or partner should:
following:
• complete a form 47SP Application for migration to
• an Australian National Police check (NPC) for you; and/or
Australia by a partner; and
• a foreign police check for every country in which you have
• if applicable, arrange for a form 47A Details of child or
lived for a period of 12 months or more or a total period of
other dependent family member aged 18 years or over to
at least 12 months since the latest of the following dates:
be completed and signed by each member of the family
–– 10 years before the date of the request to provide the unit of your fiancé(e) or partner who is aged 18 years or
police check(s); or over (whether or not they are migrating with your fiancé(e)
–– the date you turned 16. or partner).
The Department may refuse the visa application if: Your partner should lodge these form(s), together with this
• you are asked to provide the police checks but do not sponsorship form, by post or courier your application to the
provide them within a reasonable time; or relevant Partner Processing Centre if you are applying in
• you have been convicted of a relevant offence/offences Australia, or Australian mission if you are applying outside
(listed later in this form) and you have a significant criminal Australia. Attach any documentation you are required to
record in relation to these relevant offences. provide with your application. A list of the Partner Processing
Centres can be found on the Department’s website at
If grounds to refuse your sponsorship exist, the sponsorship
www.border.gov.au/about/contact/offices-locations
may still be approved if it is reasonable to do so, for example,
after considering the length of time since you completed the When you send this form to your fiancé(e) or partner, it is
sentence, the effect a refusal decision may have on any important that you tell them that the form 47SP, the form(s)
children or the length of the relationship between you and the 47A (if applicable), this sponsorship form, any supporting
visa applicant. documentation and the visa application charge (or evidence
that the charge has been paid) must be lodged together.
Note: If the visa application was lodged before 18 November
2016, the requirements above do not apply to you, even if you If your fiancé(e) or partner is applying outside Australia and
submit your Sponsorship form on or after 18 November 2016. you are able to demonstrate difficulty in forwarding mail to
The requirements above only apply if the visa application was your fiancé(e) or partner, you should lodge this form at the
lodged on or after 18 November 2016. nearest office of the Department in Australia. That office will
forward the sponsorship to the Australian mission nearest
your fiancé(e) or partner.
Protection of children
Note: After your fiancé(e) or partner has lodged their partner
The Australian Government is also committed to protecting
category visa application, and before a decision is made on
children against child sex offences and other serious offences
their visa, providing location requirements can be met, your
which may pose a significant risk to a child.
fiancé(e) or partner may be able to have added to their
If you have been charged with a registrable offence your application a member of your family unit who was previously
sponsorship cannot be approved and the visa application must not included in the application as a person migrating to
be refused if one or more visa applicant is under the age of 18 Australia with your fiancé(e) or partner. In addition to your
when the Department assesses and decides your sponsorship fiancé(e) or partner having to notify the Department in
unless the charges have been: writing of this addition, you may have to complete a new form
• withdrawn; or 40SP to include that member of the family unit with your
• dismissed; or fiancé(e) or partner and any other family members you are
sponsoring to migrate to Australia.
• otherwise disposed of without the recording of a
conviction.
If you have been convicted of a registrable offence, subject to
Family members included in this sponsorship application
certain limited circumstances, your sponsorship must be In this sponsorship application you will be asked for information
refused if one or more visa applicant is under the age of 18 about each member of the visa applicant’s family unit even if
when the Department assesses and decides your sponsorship they do not intend to migrate with the visa applicant.
unless the conviction has been quashed or otherwise set aside. Information about which family members are considered to be a
‘member of the visa applicant’s family unit’ for migration
purposes is available by referring to form 1496i Including family
members in your application. Form 1496i is available from the
Department’s website www.border.gov.au/allforms/ or offices
of the Department. You should ensure that you read and
understand form 1496i before completing this form.
Appointing a migration agent/exempt person The Australian Government accepts no responsibility for the
security or integrity of any information sent to the Department
To appoint a migration agent/exempt person you should over the internet or by other electronic means.
complete Part J – Options for receiving written
communications. If you authorise another person to receive documents on your
behalf and they wish to be contacted electronically, their
Your migration agent/exempt person should complete signature is required on form 956 or 956A to indicate their
form 956 Advice by a migration agent/exempt person of consent to this form of communication.
providing immigration assistance.
Note: Electronic communication is the fastest means of
Form 956 is available from the Department’s website communication available and the Department prefers to
www.border.gov.au/allforms/ communicate electronically because this results in faster
processing.
Please open this form using Adobe Acrobat Reader. 8 What is your citizenship/residence status in Australia?
Either type (in English) in the fields provided or print this form (Tick one box only)
and complete it (in English) using a pen and BLOCK LETTERS.. Australian citizen by birth Please attach proof
Tick where applicable 3
Australian citizen by grant Date of arrival in Australia
Part A – Application overview DAY MONTH YEAR
1 How many people are included in this sponsorship for migration? Attach proof of citizenship and
length of residence
3 Name in your own language or script (if applicable) 9 If you hold any nationality or citizenship other than Australian
citizenship, please give details
1. Country
DAY MONTH YEAR
4 Other ways you spell your name Date acquired
Family name How acquired?
Given names
2. Country
DAY MONTH YEAR
How acquired?
DAY MONTH YEAR
Date of expiry
Issuing authority/
Place of issue as
shown in your
passport
13 Your telephone numbers 22 Are you related to the visa applicant by blood, marriage or adoption?
COUNTRY CODE AREA CODE NUMBER
Email address
24 When did you and the visa applicant DAY MONTH YEAR
15 Fiancé(e) or partner’s full name (as shown in passport 25 Since you and the visa applicant committed to a shared life together to
or travel document) the exclusion of all others, have you lived separately and apart for any
Family name periods or time?
No
Given names
Yes Give details of periods and reasons for the separation
26 Were you forced or coerced into entering this relationship with the
visa applicant?
Given names
19 Date of birth
POSTCODE
27 Have you been married to a person other than the current visa
applicant (including if you are still legally married to that person)? Was a visa granted?
DAY MONTH YEAR
No No Yes Date visa
Yes Name of previous spouse was granted
DAY MONTH YEAR
Family name
DAY MONTH YEAR
Given names
Date of birth
DAY MONTH YEAR
Date relationship started Date of birth of person sponsored/
nominated
Date relationship ended
Relationship to you (spouse, de facto partner, fiancé(e),
Number of children from this relationship interdependent partner)
Family name
Given names
Family name
Given names
DAY MONTH YEAR
Date of birth of person sponsored/
nominated
Date of sponsorship/nomination No
Date of birth
Date of birth
If you answered ‘Yes’ to either of the above questions, you should 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.
TO
FROM
TO
FROM
TO
FROM
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TO
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Flat Yes Please give details of the person who assisted you
Family name
41 How many bedrooms does the dwelling have?
Given names
42 How many people live in the dwelling?
Address
43 What is the relationship of these people to you?
Child
POSTCODE
Parent
Spouse Telephone number or daytime contact
De facto partner COUNTRY CODE AREA CODE NUMBER
44 Ownership of dwelling: 47 Is the person an agent registered with the Office of the Migration
Own outright Agents Registration Authority (Office of the MARA)?
OR
Authorised You should complete form 956A Appointment
recipient
or withdrawal of an authorised recipient
OR
Migration agent Your migration agent/exempt person should
complete form 956 Advice by a migration
OR agent/exempt person of providing
Exempt person immigration assistance
Declaration Date
WARNING: Giving false or misleading information or documents is a
serious offence. Consent
I declare that: I consent to:
• the information I have given in this form is complete, correct and • the Department obtaining information relevant to my sponsorship
up-to-date; from other government and non-government bodies including but
not limited to:
• I will inform the Department, in writing, if my relationship with
my fiancé(e) or partner breaks down, they die or I withdraw my –– federal, state or territory government agencies;
sponsorship; –– federal, state, or territory law enforcement agencies;
–– state or territory housing authorities (including private landlords);
• I understand that I may be prosecuted if I give false or misleading
–– local government authorities;
information or bogus documents, or mislead or deceive an officer of
the Department. –– financial institutions;
–– educational institutions;
• I have read the information contained in form 1442i Privacy notice.
–– private businesses (including telecommunication and internet
• I understand the Department may collect, use and disclose my service providers and insurance companies).
personal information (including biometric information and other
• the Department disclosing to the visa applicant(s) any convictions I
sensitive information) as outlined in form 1442i Privacy notice.
have for relevant offences.
Signature Signature
of sponsor of sponsor
- -
Name Name
DAY MONTH YEAR
DAY MONTH YEAR
Date Date