Form 40SP: Partner Visa Sponsorship Guide for Australia

If you plan to sponsor your spouse, de facto partner, or fiancé for an Australian Partner Visa, you may come across the term Form 40SP.

Traditionally, Form 40SP referred to the Sponsorship for a Partner to Migrate to Australia form. However, Home Affairs now directs Partner Visa sponsors to lodge the sponsorship application online through ImmiAccount, rather than using a separate paper Form 40SP.

Although people still commonly search for “Form 40SP”, sponsors should follow the current online process when preparing their Partner Visa sponsorship.

1. What Is Form 40SP?

Form 40SP relates to the sponsorship component of an Australian Partner Visa application.

The sponsorship gives Home Affairs important information about the sponsor, including their:

• identity and Australian status;
• relationship with the visa applicant;
• previous sponsorship history;
• personal circumstances; and
• relevant character history.

Today, Home Affairs asks Partner Visa sponsors to complete the online “Sponsorship for a partner to migrate to Australia” application through ImmiAccount.

Therefore, applicants should not rely on an old downloadable Form 40SP they find elsewhere online.

2. Who Can Complete Form 40SP for a Partner Visa?

A person who completes the Form 40SP sponsorship process generally needs to hold an appropriate Australian status, such as:

• Australian citizenship;
• Australian permanent residence; or
• eligible New Zealand citizenship.

The sponsor must also satisfy the relevant sponsorship requirements.

Partner sponsorship does not involve simply confirming that a relationship exists. Home Affairs separately assesses the sponsor and the visa applicant, so both sides of the application require careful preparation.

3. Which Visas Use the Form 40SP Sponsorship Process?

The Form 40SP sponsorship process commonly relates to Partner Visa pathways such as:

Form 40SP for Subclass 820/801 Partner Visa

The Subclass 820/801 pathway generally applies where the Partner Visa applicant applies from within Australia.

Form 40SP for Subclass 309/100 Partner Visa

The Subclass 309/100 pathway generally applies where the Partner Visa applicant applies from outside Australia.

Form 40SP for Prospective Marriage Visa Applicants

Sponsorship also forms part of the Subclass 300 Prospective Marriage Visa process for eligible couples who intend to marry.

However, each visa pathway has separate requirements. Therefore, applicants should first confirm that they have selected the appropriate visa before preparing the sponsorship.

4. How Do You Lodge Form 40SP in 2026?

Home Affairs currently directs Partner Visa sponsors to use ImmiAccount.

The process generally involves:

1. The visa applicant lodges the relevant Partner Visa application.
2. The sponsor accesses or creates an ImmiAccount.
3. The sponsor starts the online Sponsorship for a partner to migrate to Australia application.
4. The sponsor provides the required information and supporting documents.
5. Home Affairs assesses the sponsorship together with the Partner Visa matter.

Home Affairs encourages family visa applicants to submit complete information and documents because this can help avoid unnecessary processing delays.

Therefore, sponsors should prepare their information carefully rather than treating the sponsorship application as a minor formality.

5. What Documents May a Sponsor Need?

A sponsor completing the Form 40SP process may need documents relating to:

• passport and identity;
• Australian citizenship or permanent residence;
• relationship with the applicant;
• previous relationships;
• previous Partner Visa sponsorships;
• residential history; and
• character matters where relevant.

Home Affairs may also ask for additional information during processing.

Most importantly, the sponsor’s information should remain consistent with the applicant’s Partner Visa application.

For example, the applicant and sponsor should not provide conflicting dates for major relationship events without properly explaining the difference.

6. Form 40SP Sponsorship Limits: Can You Sponsor More Than One Partner?

Australian migration law places restrictions on Partner Visa sponsorship.

Generally, a person may face limitations where they have previously:

• sponsored another Partner Visa applicant; or
• received a Partner Visa through sponsorship themselves.

If you or your partner has previously sponsored someone, received sponsorship, or had a previous marriage or de facto relationship, consider obtaining legal advice before proceeding.

7. Form 40SP and Sponsor Character Requirements

Partner Visa sponsorship can also involve character considerations.

Home Affairs may consider relevant criminal history when assessing whether it can approve a sponsor.

Certain serious offences can create significant sponsorship issues. Therefore, a sponsor should disclose relevant history accurately and obtain advice where criminal convictions, protection orders, violence-related offences, or other serious matters exist.

Trying to omit relevant information can create greater problems than addressing the issue properly from the beginning.

8. Common Mistakes to Avoid

Sponsors commonly create avoidable problems when they:

• provide inconsistent relationship dates;
• omit previous relationships or sponsorships;
• use outdated information about the Form 40SP process;
• leave important sections incomplete;
• fail to provide requested character documents;
• provide information that conflicts with the applicant’s visa application; or
• delay lodging the sponsorship component.

The key principle remains simple:

The applicant’s Partner Visa application and the sponsor’s information should tell one accurate and consistent story.

9. Why Form 40SP Should Not Be Treated as “Just a Form”

A sponsor may assume that the applicant carries most of the responsibility because they apply for the visa. However, Home Affairs also examines the sponsor’s eligibility, history, and information.

For example, previous sponsorships, character matters, or inconsistent relationship information can require more detailed consideration.

Consequently, completing the Form 40SP sponsorship process properly can play an important role in the overall Partner Visa application.

10. How Emigrate Lawyers Can Help?

At Emigrate Lawyers, we review the sponsorship and Partner Visa application together rather than treating them as separate administrative tasks.

Our legal team can help:

• assess sponsor eligibility;
• review previous sponsorship history;
• check the sponsor and applicant information for inconsistencies;
• identify character or immigration issues;
• review relationship evidence; and
• prepare the sponsorship and visa application in a clear and consistent way.

This becomes particularly important where the sponsor has previous relationships, previous Partner Visa sponsorships, character concerns, or other circumstances that do not fit a straightforward application.

Getting advice before lodgement can help identify issues while you still have an opportunity to address them properly.

FAQs

Prepare Your Form 40SP Sponsorship Correctly From the Start

The Form 40SP sponsorship process forms an important part of an Australian Partner Visa application. Sponsors should ensure that their eligibility, relationship history, previous sponsorships, and supporting information remain accurate and consistent with the applicant’s case.

Most importantly, applicants should use the current online Home Affairs process, rather than relying on outdated paper forms or old Partner Visa guidance.

If you are preparing a Partner Visa sponsorship, Emigrate Lawyers can review both the sponsor, and applicant circumstances, identify potential issues, and assist with preparing a clear and properly supported application before lodgement.

Need Legal Help or Consultation?

The sooner you seek advice, the more options you have. We are here to help!  

Reach out to us today through any of the following: