Form 40sp: What it is and When to Fill them [With Sample]

Are you unintentionally making errors while completing the 40SP form? If YES, worry not; this is the time to ensure you do not tread the same path twice. The 40SP form designed for sponsors holds the key to your partner visa application, and avoiding repeated mistakes is paramount.  It acts as a bridge, connecting sponsors with the immigration process and establishing a foundation for the assessment of the partner visa in Australia.

Emphasising the importance of accurately filling out Form 40SP cannot be overstated. It goes beyond being a mere bureaucratic requirement; instead, it is a vital step in presenting a compelling and precise representation of the sponsor’s relationship, thereby improving the prospects of a successful partner visa application. Let’s delve deeper to understand what it entails and when it should be filled out.

What is Form 40SP?

Form 40SP, officially titled “Sponsorship for a partner to migrate to Australia,” is a fundamental document within the Australian visa application process. It is specifically designed for individuals who are sponsoring their partner’s visa application to migrate to Australia.

The purpose of this form is to provide the Department of Home Affairs with details about the sponsor, assess their eligibility, and confirm their commitment to the visa applicant’s immigration process. The form serves as a foundation for assessing the genuineness of the relationship and the sponsor’s capacity to support their partner’s migration journey. Without this form, the sponsorship cannot be approved, and the visa application cannot be finalised.

Download Form 40SP Here

Who Needs to Fill Out Form 40SP?

Form 40SP is a mandatory for individuals serving as sponsors in Australian partner visa applications. Whether you are married or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, if you are sponsoring your partner for migration to Australia, you must fill out sponsorship form 40.

To qualify as a sponsor, you must:

• Be at least 18 years old;
• Be an Australian citizen, permanent resident, or eligible New Zealand citizen;
• Meet the sponsorship limitations (see below).

Limitations for Sponsor Approval

There are certain limitations regarding sponsorship for partner migration in Australia. These include:

1. Maximum of two partner sponsorships: An individual can sponsor a maximum of two partners over their lifetime for migration to Australia.
2. Waiting period for previous sponsorships: If your partner has previously sponsored another partner, they must wait at least five years from the date they lodged the previous sponsorship before they can sponsor you.
3. Waiting period after being granted a partner visa: If your partner has been granted a partner visa themselves, they can sponsor you only after a waiting period of five years from the date they lodged their own visa application.

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 done after you lodge the Partner Visa Application (Form 47SP). It is crucial to check the specific visa requirements and guidelines provided by the Department of Home Affairs or consult with a registered migration agent or legal professional to ensure you submit the form within the required time frame.

Some common scenarios that may require filling out Form 40SP include:

1. Spousal or de facto partner visa: If you are married to or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen and wish to migrate to Australia on a partner visa, you will likely need to submit Form 40SP.
2. Prospective marriage visa (Subclass 300): If you are engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen and intend to marry in Australia, you will normally be required to complete Form 40SP as part of the visa application procedure.

If you fail to complete and submit Form 40SP when it is required for your partner visa application, it may result in delays or even a refusal of the visa. The Australian immigration authorities require accurate and complete information to assess the genuineness of the relationship and determine eligibility for the visa. Neglecting to provide the necessary sponsorship information through Form 40SP can lead to complications in the visa application process and potentially affect the outcome of the application.

What Happens If You Don’t Submit Form 40SP?

Failing to submit Form 40SP means your sponsorship cannot be approved, making the Partner Visa application incomplete. Immigration authorities require this form to assess both the sponsor and the applicant.

Moreover, an incomplete application may lead to:

• Processing delays;
• Increased scrutiny of the relationship;
• Potential visa refusal.

By completing Form 40SP on time and accurately, you can lodge a Decision Ready Application, giving the Department all the necessary information to make an informed decision quickly.

TIP: Complete Form 40SP as soon as the application is lodged to avoid delays.

How to Fill Out Form 40SP 

When completing the sponsor application (Form 40SP) for the purpose of sponsoring a partner’s migration to Australia, adhere to the following step-by-step instructions:

1. Download the Form: To obtain Form 40SP, you can visit the official website of the Department of Home Affairs at https://immi.homeaffairs.gov.au/ and download the form from there. Alternatively, you can also complete the form online through your immi account on the same website.
2. Read the Instructions: Thoroughly review the accompanying instructions for Form 40SP to gain insights into essential details and the supporting documents or information required.
3. Provide Personal Details: Complete the personal details section, including your full name, date of birth, gender, and contact information.
4. Sponsorship Details: Provide details about your sponsorship, including your relationship with the visa applicant, your current immigration status, and any previous sponsorships.
5. Character Declaration: Declare your character by answering questions related to criminal convictions or charges, immigration violations, and previous visa cancellations.
6. Health Declaration: Declare your health status by answering questions about any medical conditions that may impact the sponsorship.
7. Financial Details: Provide information about your financial capacity to sponsor, including employment details, income, and any financial commitments.
8. Consent to Communicate: Indicate your consent for the Department of Home Affairs to communicate with you regarding the sponsorship.
9. Sign and Date: Ensure that you sign and date the form in the designated spaces.
10. Attach Supporting Documents: Include all required supporting documents, such as identification, proof of relationship, and financial evidence. Check the document checklist provided with the form.
11. Submit the Form: Submit the completed 40SP form along with the partner visa application. Follow the specific submission instructions outlined in the visa application guide.

Conclusion

Form 40SP is an essential component in sponsoring a partner for migration to Australia, and understanding its purpose, sections, and timing is crucial for a successful visa approval. To ensure a smooth process, it is important to follow step-by-step instructions, avoid common mistakes, and refer to sample formats as a guide.

Remember, maintaining accuracy and attention to detail is vital, and seeking professional advice from experts such as 4Nations International, experienced migration agents with extensive knowledge of migration laws and regulations, can help you address specific requirements and circumstances. Don’t hesitate to contact us today for the right guidance in successfully completing sponsorship form 40.