Family migration in Australia requires more than a visa application — the person in Australia who is bringing in the family member (the sponsor) must separately qualify for and be granted a sponsorship approval by the Department of Home Affairs (DHA). The sponsorship approval confirms that the sponsor is eligible to bring the applicant to Australia and that there are no disqualifying bars in the sponsor's history. This is distinct from the employer sponsorship system for skilled visas — family sponsorship is assessed under the Migration Regulations 1994 and applies to partner visas, parent visas, and certain other family visa categories. A sponsor can be refused even where the relationship or family connection is genuine, if the sponsor has a disqualifying history.

For current sponsorship requirements and the application process, refer to the DHA partner visa page (for partner sponsorship) and the DHA parent visa page (for parent/relative sponsorship).

• Migration Regulations 1994 — reg 1.20 — definition of "approved sponsor" for family visas
• Migration Regulations 1994, Schedule 2 — Partner (Subclass 820/801, 309/100) criteria — sponsor eligibility and sponsorship bars incorporated into subclass criteria
• Migration Act 1958, s 5CB — definition of family violence for sponsorship bar purposes
• Form 40SP — Sponsorship for a partner to migrate to Australia — the sponsorship application form for partner visas
• Form 40 — Sponsorship for migration to Australia (parent, aged relative, remaining relative, family visa categories)
• DHA: Partner visa (onshore) — subclass 820/801 — immi.homeaffairs.gov.au/820-801

Who can be a sponsor — basic eligibility

To be an approved family migration sponsor, the person in Australia must be:

• An Australian citizen, Australian permanent resident, or an eligible New Zealand citizen holding a subclass 444 Special Category visa
• Aged 18 or older
• Not subject to any applicable sponsorship bar (see below)
• Able to demonstrate that they are genuinely in the relationship (for partner visas) or are the genuine sponsor/relative (for parent and other family visas)

For partner visas, the sponsor must be in a genuine, ongoing relationship with the visa applicant — married, in a registered de facto relationship, or (for the prospective marriage visa) genuinely intending to marry. For parent, child, and aged relative visas, the sponsor must be the qualifying relative in Australia.

Form 40SP — partner visa sponsorship

Form 40SP is the sponsorship application form for partner visas (subclass 820/801 onshore; 309/100 offshore; prospective marriage visa 300). The Form 40SP is lodged by the sponsor in Australia and is typically submitted together with the visa application. DHA assesses the Form 40SP for:

• The sponsor's citizenship/PR/444 status
• The sponsor's age (18+)
• Whether any sponsorship bars apply
• Evidence of the genuine relationship (documentary and personal statement)

Form 40 — parent, aged relative, and other family visas

Form 40 is the sponsorship form used for most other family visa categories — including parent visas (contributory and non-contributory), carer visas, aged dependent relative visas, and remaining relative visas. The Form 40 is lodged by the sponsor in Australia alongside or as part of the visa application. For Assurance of Support (AoS) requirements applicable to some parent visas, see the Assurance of Support page.

Sponsorship bars

The sponsorship bar provisions are among the most important and potentially disqualifying aspects of the family sponsorship system. The following bars apply:

1. Family violence bar

A sponsor who has been convicted of a family violence offence or who is subject to a Family Violence Intervention Order (FVIO) (or equivalent in their jurisdiction) may be barred from sponsoring a partner visa. The bar is not absolute in all cases — a decision-maker may still approve sponsorship in limited circumstances, having regard to the nature of the offence, the risk to the visa applicant, and whether the prospective sponsor is safe to be a sponsor. This is a complex area — see the family violence provisions page for details. The policy intent is to protect overseas-born partners from entering Australia into situations where they could be subjected to family violence.

2. Sex offence against a child bar

A sponsor who has been convicted of a sex offence against a child in Australia or overseas is mandatorily barred from sponsoring a partner visa applicant where children would be part of the household. This bar reflects the strongest protection in the sponsorship framework — it cannot be waived and applies regardless of the date of the conviction or the circumstances.

3. Repeat sponsorship limit

A sponsor is generally limited in how many partners they can sponsor within a 5-year period. The specific limit (typically no more than 2 partner sponsorships within 5 years) is intended to prevent patterns of serial sponsorship that could reflect misuse of the partner visa program. A sponsor who has already sponsored 2 partners in the past 5 years may be refused sponsorship for a further partner in that period. The policy allows the Minister to approve a further sponsorship in exceptional circumstances.

4. Prior removal or deportation of a sponsored person

If a person previously sponsored by this sponsor was the subject of removal or deportation from Australia in certain circumstances, the sponsor's ability to re-sponsor may be affected.

Sponsorship approval is separate from visa grant

A critical point for family visa applicants: the sponsor can be refused even where the relationship or family connection is genuine. If the sponsor has a disqualifying bar, DHA can refuse the sponsorship, which means the visa application cannot proceed — even if the visa applicant themselves is perfectly admissible. The visa applicant's merits are assessed separately from the sponsor's eligibility. Both the sponsor and the visa applicant must clear their respective assessment for the visa to be granted.

The sponsorship bar framework reflects Australian immigration policy that family visas — particularly partner visas — can create situations where vulnerable foreign-born persons enter Australia into unsafe situations. The bars exist to protect prospective migrants, particularly from domestic violence. In practice, sponsors with prior family violence matters, even if minor, should be aware that this history will be assessed during the sponsorship approval process. For the current Form 40SP and Form 40, the full list of applicable sponsorship bars, and guidance on how family violence history is assessed in the sponsorship context, refer to the DHA partner visa page and the associated evidence requirements and policy guidance.