Form 47SP – Application for migration to Australia by a partner

1. What is Form 47SP?

Form 47SP is the official application form provided by the Australian government for individuals seeking to migrate to Australia as a partner of an Australian citizen, permanent resident, or eligible New Zealand citizen. This form is a crucial part of the visa application process and requires detailed information about the applicant’s personal details, relationship history, and intention to reside in Australia with their partner. Providing accurate and complete information on Form 47SP is essential to demonstrate eligibility for a partner visa and to support a successful migration process. It is important to follow the instructions carefully and ensure all supporting documentation is included when submitting Form 47SP to the Department of Home Affairs.

2. Who is eligible to lodge Form 47SP?

1. Form 47SP is typically lodged by individuals who are applying for a partner visa to migrate to Australia on the basis of their relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.

2. The following individuals are eligible to lodge Form 47SP:
a. Spouses or married partners of an Australian citizen, permanent resident, or eligible New Zealand citizen.
b. De facto partners (including same-sex partners) who have been in a committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen for a certain period of time.
c. Prospective marriage visa applicants intending to marry their Australian partner within nine months of their visa being granted.

Submitting Form 47SP is an important step in the partner visa application process, as it provides essential information about the applicant and their relationship. It is crucial to ensure that all details are accurately filled out and any supporting documentation is provided to increase the chances of a successful visa outcome.

3. What is the relationship requirements for lodging Form 47SP?

To lodge Form 47SP for migration to Australia as a partner, the principal applicant must be in a genuine and committed relationship with their partner who is an Australian citizen, permanent resident, or eligible New Zealand citizen. In order to meet the relationship requirements for the visa application, the couple must provide evidence that they are in a genuine and continuing relationship. This can include documentation such as joint financial commitments, proof of cohabitation, shared household responsibilities, and social aspects of the relationship. Additionally, statements from family and friends supporting the genuine nature of the relationship can also be submitted as evidence. Meeting these relationship requirements is crucial for the successful lodgment of Form 47SP and ultimately for the approval of the partner visa application.

4. What documents are required to be attached with Form 47SP?

When submitting Form 47SP – Application for migration to Australia by a partner, there are several essential documents that need to be attached to support the application:

1. Identification documents: Copies of the partner’s passport bio-data page, birth certificate, and any other relevant identification documents must be included.

2. Relationship evidence: This can include marriage certificate, evidence of de facto relationship such as joint bank statements, utility bills, lease agreements, or any other documents that demonstrate a genuine and ongoing relationship.

3. Character documents: Police clearances from all relevant countries that the applicant has lived in for a certain period of time must be attached to demonstrate good character.

4. Health documents: Depending on the visa subclass being applied for, applicants may need to undergo health examinations and provide relevant health documents to prove they meet the health requirements for migration to Australia.

5. Financial documents: Proof of financial capacity to support oneself during the initial stages of settling in Australia may be required, such as bank statements or employment contracts.

6. Any other relevant supporting documents: This may include statutory declarations from friends and family, evidence of shared responsibilities, or any other documents that further support the partner visa application.

It is important to carefully review the specific requirements outlined in the Form 47SP and provide all necessary documents to ensure a successful visa application process.

5. Are there any specific requirements for the sponsor when lodging Form 47SP?

Yes, there are specific requirements for the sponsor when lodging Form 47SP for a partner visa application to Australia:

1. Relationship status: The sponsor must be either the spouse or de facto partner of the applicant, and the relationship must be genuine and ongoing. Evidence to support the relationship such as marriage certificate, joint financial documents, or photographs together may be required.

2. Sponsorship obligations: The sponsor must agree to specific obligations, including providing financial support to the applicant if needed and ensuring they have access to healthcare and support services while in Australia.

3. Character requirements: The sponsor must meet certain character requirements, which may involve providing police clearance certificates from relevant countries or disclosing any criminal history.

4. Age requirement: The sponsor must be at least 18 years old when lodging the application.

5. Capacity to sponsor: The sponsor must demonstrate their ability to provide financial support for the applicant by meeting certain financial criteria, such as meeting the minimum income threshold or providing evidence of substantial personal assets.

Overall, it is crucial for sponsors to ensure they meet all the necessary requirements and provide accurate information when lodging Form 47SP to support their partner’s application for migration to Australia.

6. How long does it take to process Form 47SP?

The processing time for Form 47SP can vary based on a variety of factors, including the volume of applications received, the completeness of the application, and the individual circumstances of the applicant. As of the latest available information, the current processing times for the subclass 309 Partner (Provisional) visa range from approximately 12 to 17 months from the date of lodgement. It is important to note that these processing times are subject to change and can vary depending on the specific case. Applicants are encouraged to regularly check the Department of Home Affairs website for the most up-to-date information on processing times.

7. What are the common reasons for refusal of Form 47SP?

There are several common reasons why a Form 47SP application for migration to Australia by a partner may be refused:

1. Incomplete or inaccurate information: Failing to provide all required information or submitting incorrect details can result in your application being rejected.

2. Failure to meet eligibility requirements: If you do not meet the eligibility criteria for the visa you are applying for, such as not being in a genuine and ongoing relationship with your sponsoring partner, your application may be refused.

3. Insufficient supporting documentation: It is crucial to provide all necessary supporting documents, such as proof of your relationship, financial capacity, and health and character assessments. Failure to do so can lead to a refusal.

4. Concerns about the genuineness of the relationship: If the authorities have reason to doubt the authenticity of your relationship with your sponsoring partner, they may refuse your application.

5. Previous immigration history: If you have a history of visa refusals, cancellations, or breaches of visa conditions, this may negatively impact your Form 47SP application.

6. Health or character issues: If you or your partner have health or character concerns, this can lead to a refusal of the application.

7. Failure to meet time limits: Missing deadlines, such as responding to requests for additional information or attending interviews, can also result in the refusal of your application. It is essential to ensure that you adhere to all specified timelines throughout the application process to avoid any potential refusals.

8. Can Form 47SP be lodged online?

Yes, Form 47SP can be lodged online through the Australian Government’s online lodgement system. This online platform allows applicants to fill out the form electronically and submit it directly to the Department of Home Affairs. Lodging the form online can often be more convenient and efficient compared to a paper application, as it allows for easier tracking of the application status and immediate confirmation of submission. When completing Form 47SP online, applicants will need to provide all required information accurately and upload supporting documents as per the checklist provided by the Department of Home Affairs. It’s important to ensure that all information is filled out correctly and completely to avoid delays in processing the application.

9. Is Form 47SP applicable for all types of partner visas?

No, Form 47SP is not applicable for all types of partner visas. Form 47SP is specifically designed for applicants who are seeking to migrate to Australia on a Partner visa. This form is for the primary applicant who is applying for the visa based on their relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. It is important to note that the type of partner visa being applied for, such as a subclass 309/100 (Partner visa offshore) or subclass 820/801 (Partner visa onshore), will determine whether Form 47SP is the appropriate application form to use. Other types of visas, such as skilled visas or student visas, have their own specific application forms that need to be completed.

10. Are there any eligibility criteria based on the sponsor’s residency status for lodging Form 47SP?

Yes, there are eligibility criteria based on the sponsor’s residency status for lodging Form 47SP. The sponsor must either be an Australian citizen, permanent resident, or eligible New Zealand citizen in order to sponsor their partner for migration to Australia. If the sponsor does not meet these requirements, they would not be eligible to sponsor their partner for a visa. It is crucial for the sponsor to be able to demonstrate their residency status in Australia in order for the visa application to be considered valid. Additionally, the sponsor must also meet certain character requirements and obligations as outlined by the Australian government. These criteria are in place to ensure that the sponsor is able to provide the necessary support for their partner’s migration to Australia.

11. How does the department assess the genuineness of the relationship in Form 47SP?

In Form 47SP, the Department of Home Affairs assesses the genuineness of the relationship by closely examining the information provided in the application. This includes details about the history of the relationship, the nature of the commitment between both partners, evidence of joint financial commitments or sharing of household responsibilities, and the level of communication and contact between the partners. Additionally, the department may consider the nature of the social context of the relationship, such as the opinion of family and friends, cultural aspects, and any other relevant factors that can demonstrate the authenticity of the relationship. It is essential for applicants to provide comprehensive and convincing evidence to support the genuineness of their relationship in order to increase the chances of a successful assessment by the department.

12. Can additional information or clarifications be provided after lodging Form 47SP?

Yes, additional information or clarifications can be provided after lodging Form 47SP. Once the application has been submitted, you can still update or supplement the information provided by including Form 1023 – Notification of changes in circumstances. This form allows you to notify the Department of Home Affairs about any changes or additional information that may be relevant to your application. It is crucial to ensure that any updates or supplementary information are submitted promptly to avoid delays in the processing of your partner visa application.

13. What are the visa application charges associated with Form 47SP?

The visa application charges associated with Form 47SP, which is the Application for migration to Australia by a partner, can vary depending on the type of visa being applied for and individual circumstances. However, as of October 2021, the base application charge for a Partner visa (subclass 309/100) starts from AUD 7,850 for the main applicant. In addition to this, there may be additional charges for any dependent applicants included in the application. It is important to note that these fees are subject to change, so it is recommended to check the latest information on visa application charges on the official website of the Department of Home Affairs.

14. Are health and character requirements mandatory for lodging Form 47SP?

Yes, health and character requirements are mandatory for lodging Form 47SP, the Application for migration to Australia by a partner. In order to be granted a visa to migrate to Australia as a partner, the applicant and any family members included in the application must meet the health and character requirements set by the Australian government. This includes undergoing a medical examination to assess their health and providing police clearance certificates to demonstrate good character. Failure to meet these requirements can result in the visa application being refused. It is important to ensure that all health and character assessments are completed and all necessary documentation is provided when submitting Form 47SP to avoid delays or potential refusal of the visa application.

15. How does Form 47SP differ from Form 40SP?

Form 47SP and Form 40SP are both important forms used in the Australian migration process for partners, but they serve different purposes. Form 47SP, known as the Application for migration to Australia by a partner, is completed by the partner seeking to migrate to Australia. This form gathers information about the applicant’s personal details, relationship history, and reasons for seeking migration to Australia.

Conversely, Form 40SP, named Sponsorship for a partner to migrate to Australia, is completed by the Australian partner who is sponsoring their foreign partner’s migration to Australia. This form includes details about the sponsor’s eligibility, financial situation, and commitment to supporting their partner once they are in Australia.

In summary, while Form 47SP focuses on the applicant’s information and intentions for migration, Form 40SP centers on the sponsor’s eligibility and responsibilities in supporting their partner’s migration journey to Australia. It is important to submit both forms accurately and thoroughly to ensure a smooth application process.

16. Can Form 47SP be lodged from outside Australia?

Yes, Form 47SP can be lodged from outside Australia. This form is specifically designed for partners of Australian citizens, Australian permanent residents, or eligible New Zealand citizens who wish to migrate to Australia on the basis of their relationship. Partners applying for a partner visa from outside Australia are required to submit Form 47SP along with their partner visa application to the Department of Home Affairs. It is important to ensure that all the required documentation is included and that the form is completed accurately before submission to avoid any delays in the visa processing.

17. Are there any specific requirements for providing evidence of finances in Form 47SP?

Yes, there are specific requirements for providing evidence of finances in Form 47SP when applying for migration to Australia by a partner. Some of the key requirements include:

1. Bank Statements: You must provide bank statements showing your financial history, including savings, investments, and regular income.

2. Employment Documents: You should include pay stubs, employment contracts, and letters from your employer to demonstrate your financial stability and ability to support yourself and your partner in Australia.

3. Assets Declaration: You may need to provide documentation for any assets you own, such as property deeds, vehicle registrations, or other investments.

4. Sponsorship Undertaking: If your partner is sponsoring your visa application, they will need to provide a sponsorship undertaking form, along with their own financial evidence to show they can support you if needed.

5. Explanation of Financial Circumstances: It may be helpful to include a statement explaining your current financial circumstances, any significant changes that have occurred, and how you plan to financially support yourself in Australia.

6. Currency Conversion: If providing financial documents from accounts in a different currency, you may need to include evidence of currency conversion to Australian dollars.

7. Professional Advice: Consider seeking professional advice or assistance to ensure you are providing the correct and sufficient evidence of finances to support your visa application.

Overall, it is crucial to carefully review the specific requirements outlined in Form 47SP and provide thorough and accurate evidence of your finances to increase the likelihood of a successful visa application.

18. Is it mandatory for the applicant to be sponsored by an Australian citizen or permanent resident?

Yes, it is mandatory for the applicant to be sponsored by an eligible Australian citizen or permanent resident when applying through Form 47SP for migration to Australia as a partner. The sponsor plays a crucial role in supporting the applicant’s visa application and committing to providing financial, emotional, and accommodation support as needed. The sponsorship provides assurance to the Australian government that the applicant will have the necessary support network in place upon arrival in Australia. Additionally, the sponsor must meet certain criteria to be eligible to sponsor the applicant, including being over 18 years of age, being a settled Australian citizen or permanent resident, and meeting character requirements. Failure to have a valid sponsor can result in the visa application being rejected.

19. Can a migration agent or representative assist in lodging Form 47SP?

Yes, a migration agent or representative can assist in lodging Form 47SP on behalf of the applicant. Here are a few key points to consider when engaging the services of a migration agent or representative to help with the application process:

1. A migration agent must be registered with the Office of the Migration Agents Registration Authority (MARA) in order to provide migration advice and assistance legally in Australia.
2. By engaging a registered migration agent, applicants can benefit from their expertise in navigating the complex immigration rules and regulations, increasing the likelihood of a successful visa application.
3. It is important to thoroughly research and choose a reputable and experienced migration agent or representative to ensure the best possible outcome for the visa application process.

In summary, enlisting the help of a qualified migration agent or representative can greatly facilitate the process of lodging Form 47SP and improve the chances of a successful migration to Australia.

20. How can one track the progress of Form 47SP once lodged?

Once the Form 47SP application for migration to Australia by a partner has been lodged, one can track its progress through different channels as outlined below:

1. Online Tracking: The Department of Home Affairs provides an online portal where applicants can track the progress of their visa application by entering their unique tracking number or Transaction Reference Number (TRN) along with their personal details. The online tracking system allows applicants to see the status of their application, any updates, and estimated processing time.

2. Communication: The Department of Home Affairs may communicate with the applicant via email or through a letter to provide updates on the application process. It is essential to regularly check both email inboxes and physical mail for any communication regarding the application.

3. Contacting the Department: In case of any specific queries or concerns regarding the application, applicants can contact the Department of Home Affairs directly through their helpline or by visiting their nearest immigration office. It is advisable to have all relevant details and documents ready when making inquiries to expedite the process.

Tracking the progress of Form 47SP is essential for staying informed about the status of the visa application and being prepared for any additional requirements or interviews that may arise during the processing period.