# Query on partner sponsorship Form 40sp



## Miss Swan (Apr 24, 2008)

I was just reading Form 40sp that states the sponsorship duties for partner migration. One part says:

"As sponsor, you are not required to act as the assurer if you
are not in a financial position to qualify. Generally, a person
who has received the full rate of any pension, benefit or
allowance (other than family payments) from Centrelink
during the last year will not qualify as an assurer. Another
person who is an Australian citizen or permanent resident or
eligible New Zealand citizen3 who is usually resident in
Australia and aged 18 years or over can act as the assurer."

My fiance definitely can't be my assurer as he is getting carer's pension from Centrelink. We can get his dad or friends to act as my sponsor but I'm not clear what kind of documents the sponsor is required to provide.

Also do I put my fiance down as sponsor and then wait for Immi to disqualify him and request for another sponsor, or straightaway put down his dad/friend as sponsor? 

Thanks for any advice!


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## Megera (Mar 20, 2009)

I'm pretty sure your partner can be your sponsor but you may have to get a letter of assurance from someone (like a family member or close friend of your sponsor) that says they will be able to financially support you during the first two years of you living in Australia (the time of your temporary visa since you won't be able to collect social security benefits). 

Your case officer will tell you if they don't think your sponsor meets the financial requirements.


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## anj1976 (Apr 24, 2008)

I think in that case you can also show your own assets(meeting the minimum funds requirement) to prove you will be able to support yourself.


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## anj1976 (Apr 24, 2008)

Also, they dont just ask you to arrange, possibility that they turn your application down. atleast for the state sponsored visas they do that. Since this is not a state sponsorship matter here but that of relations, I am not sure but it is not worth taking a risk.


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## Miss Swan (Apr 24, 2008)

Megera said:


> I'm pretty sure your partner can be your sponsor but you may have to get a letter of assurance from someone (like a family member or close friend of your sponsor) that says they will be able to financially support you during the first two years of you living in Australia (the time of your temporary visa since you won't be able to collect social security benefits).
> 
> Your case officer will tell you if they don't think your sponsor meets the financial requirements.


Hi megera, I thought my finance can't be my sponsor because Form 40sp mentioned something about not qualifying if on full pensions. But re-reading again made me confused over the difference in roles between an assurer and sponsor... Also can't seem to find specific information on what the sponsor needs to provide (tax slips? income slips?).

I think my fiance's dad should qualify as a sponsor (warehouse manager in mining industry), just that I'm not sure which is the best way to fill in the sponsorship form, so as to prevent any further hassles...

Guess the best way would be to get to OZ and speak to Immigration


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## Miss Swan (Apr 24, 2008)

anj1976 said:


> I think in that case you can also show your own assets(meeting the minimum funds requirement) to prove you will be able to support yourself.


Thanks for the tip Anj! I'll definitely be preparing a bank statement showing my funds...(though I think minimum funds requirement may differ between spouse and work visa hmm...)


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## Megera (Mar 20, 2009)

Miss Swan said:


> Hi megera, I thought my finance can't be my sponsor because Form 40sp mentioned something about not qualifying if on full pensions. But re-reading again made me confused over the difference in roles between an assurer and sponsor... Also can't seem to find specific information on what the sponsor needs to provide (tax slips? income slips?).
> 
> I think my fiance's dad should qualify as a sponsor (warehouse manager in mining industry), just that I'm not sure which is the best way to fill in the sponsorship form, so as to prevent any further hassles...
> 
> Guess the best way would be to get to OZ and speak to Immigration



Because this is partner sponsored I think the rules are different (as opposed to what anj said).
Can you elaborate a little more about what his pension is? Is he getting it because he is looking after someone or is it because he is unable to work himself due to illness or disability? 

If you want your fiancee's dad to sponsor you then you will have to go the family migration route (as opposed to spouse) and you might have to marry your partner before his father can sponsor you (I'm unsure, I'm just making a guess here).

When you get all your forms together it would help if your sponsor provided bank balances and things --- we're in a bit of a different situation but I'll tell you what we did. My spouse is living here in Canada with me but has been unable to work for the last 2 years due to not being able to obtain a work visa. We were worried we would have to find an assurer as well (only because it would be a pain) but we explained my income and how I'm currently able to support the both of us, my partner explained that once getting back to Melbourne he would immediately get a job and we also included his pay slips and his tax information from when he WAS working.

When your spouse writes his letters he should definitely make a point of mentioning that he feels he is financially stable enough to support you should you be unable to find work for any reason. Because we are applying from outside Australia (specifically because my spouse is currently outside Australia) he had to write a specific letter about his finances and being willing to support me should the need arise. 


Definitely give someone a call if you have doubts - best way to ease them! 

Keep us updated!


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## Miss Swan (Apr 24, 2008)

Megera said:


> Because this is partner sponsored I think the rules are different (as opposed to what anj said).
> Can you elaborate a little more about what his pension is? Is he getting it because he is looking after someone or is it because he is unable to work himself due to illness or disability?
> 
> If you want your fiancee's dad to sponsor you then you will have to go the family migration route (as opposed to spouse) and you might have to marry your partner before his father can sponsor you (I'm unsure, I'm just making a guess here).
> ...


Hi megera, thanks for your advice!

My fiance's getting the carer's pension because his mum is disabled and he has to stay home to care for her, hence severely impacting his ability to work out there. However he has very recently started a home business (registered and all), although profits are trickling in extremely slowly.

Hmm my fiance is mentally ready to support me all the way when I come over, but I'm not sure if a letter would suffice in my case because he has practically no savings (blame it on extremely unfortunate family incidents)...so while he'd be all happy to write the letter to express his commitment to supporting me, I'm concerned that Immigration might not be convinced enough when they look at his bank statement.

I could produce my savings and explain how I can support both of us for a few months, if that'd help...

I'll do more digging around and will update when I find answers


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## amaslam (Sep 25, 2008)

Hi Miss Swan:

Here's my take after reading the form:

1. Your partner needs to be the sponsor (I don't think it can be his dad)
2. In expectation for an AoS (Assurance of Support) request from the Immi dept. his dad can be the Assurer.

As long as his dad is not getting any Centrelink benefits (other than family payments) the AoS application which gets certified by Centrelink will succeed and the Immi application will proceed.

Good luck 




Miss Swan said:


> I was just reading Form 40sp that states the sponsorship duties for partner migration. One part says:
> 
> "As sponsor, you are not required to act as the assurer if you
> are not in a financial position to qualify. Generally, a person
> ...


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## Megera (Mar 20, 2009)

Miss Swan said:


> Hi megera, thanks for your advice!
> 
> My fiance's getting the carer's pension because his mum is disabled and he has to stay home to care for her, hence severely impacting his ability to work out there. However he has very recently started a home business (registered and all), although profits are trickling in extremely slowly.
> 
> ...




Hi,

I think that because he is caring for someone then he won't be penalised for receiving pension income - this is just my opinion mind you but I really don't think he would be disqualified because of it.

This whole application process is about filling in forms and letter writing so in the process of him having to write the letters he needs to write, he should definitely explain his income situation and what he plans to do to be able to support you. Granted spare money might be tight but I'm assuming you will be able to live with him/etc -- all of that kind of thing should go in his letter. And obviously you can explain in your letters that you are planning on finding a job as soon as you can to help the situation. Basically if you don't put it in a letter, there is no way they're going to know.

Definitely get bank balances and all that sort of thing.

I think the worst case scenario is that immigration will ask you to get a letter of assurance from someone. If you have a person that is qualified to do this for you guys then really the only problem is that it's one more hassle.

You're planning on going over at the end of June and applying from there, right? I hope that you not being able to work for the first few months won't put too much of a financial strain on things!


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## Miss Swan (Apr 24, 2008)

Megera said:


> Hi,
> 
> I think that because he is caring for someone then he won't be penalised for receiving pension income - this is just my opinion mind you but I really don't think he would be disqualified because of it.
> 
> ...


Thanks heaps Megera for all the great advice and concern  I really appreciate all that's coming in  I'll include all these information in my letter and get my fiance to write the same.

Well I'm mentally prepared to be unemployed for a few months although my fiance is hard at work talking to friends and contacts to see if I might get some work to do when I come over  Also with my bank balance (~AUD15K), I think it should be sufficient for Immigration to feel that I can support myself for at least 6 months. Will be budgeting and spending wisely  No restaurant food, homecooked meals as much as possible, no shopping unless for necessities (lucky I'm not a clotheshorse! )...should manage alright


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## Megera (Mar 20, 2009)

Miss Swan said:


> Thanks heaps Megera for all the great advice and concern  I really appreciate all that's coming in  I'll include all these information in my letter and get my fiance to write the same.
> 
> Well I'm mentally prepared to be unemployed for a few months although my fiance is hard at work talking to friends and contacts to see if I might get some work to do when I come over  Also with my bank balance (~AUD15K), I think it should be sufficient for Immigration to feel that I can support myself for at least 6 months. Will be budgeting and spending wisely  No restaurant food, homecooked meals as much as possible, no shopping unless for necessities (lucky I'm not a clotheshorse! )...should manage alright



No problem  I know that the months leading up to us applying were very nerve-wracking and we had tonnes of questions and concerns. We don't know anyone here that's gone through the same thing so we felt alone and in the dark about a lot of stuff. I'm surprised at how much we've learned just going through the process ourselves.

Sounds like you have the money part sorted out! If you're able to live with friends/family I think ~15K sounds like a reasonable amount to have in the bank. 

I can't remember if I've read it or not but where in Australia are you planning on going?


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## Miss Swan (Apr 24, 2008)

Hi Megera, I'll be heading to Brisbane come end-June. 

My flight's booked on 29 June *yiipee* so I really hope to use this time to settle the Spouse Visa application  I've learnt heaps from this forum and from all the experienced members. Good thing is I'll be staying with my fiance's family so no worries for housing part. Food costs will be shared. Won't bother with shopping since it's winter-time and I'll be huddled in my coats and jeans all the time 

Was really seriously considering hiring a migration agent but after reading and re-reading the paperwork procedures and getting such great advice from fellow members, I think I should be able to handle this w/o an agent!


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## anj1976 (Apr 24, 2008)

u go girl 
wish u luck with everything..


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## drs (Apr 19, 2011)

Hi, i am Australia citzen, i am Indian born in Australia i am male, i new to this site i need u help... i am not working at the moment the form partner sponsorship Form 40sp... my fiancee is in india the form requires employment detail i am not working i currently looking for a job... how do i apply for her to come to australia.... who do i contact regarding that .....i am in brisbane.... i want apply for her so she get a spouse visa...........what do i do


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