Form 1393 – Sponsorship for a partner to migrate to Australia

1. What is Form 1393 and what is its purpose?

Form 1393 is the Sponsorship for a Partner to Migrate to Australia form, which is a crucial component of the visa application process for individuals wishing to bring their partners to Australia. The primary purpose of Form 1393 is for the sponsoring partner to formally declare their willingness and ability to sponsor their partner’s visa application and support them financially during their stay in Australia. By completing this form, the sponsor accepts legal obligations towards the visa applicant, including financial support and providing accommodation, if required. The Australian government uses this information to assess the genuineness of the relationship between the sponsor and the visa applicant, as well as to ensure that the partner being sponsored will not become a burden on the Australian welfare system. It is important for sponsors to provide accurate and truthful information on Form 1393 to facilitate a smooth visa application process for their partner.

2. Who is eligible to sponsor a partner to migrate to Australia using Form 1393?

To be eligible to sponsor a partner to migrate to Australia using Form 1393, the sponsor must meet certain criteria:

1. The sponsor must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
2. The sponsor must be in a spousal or de facto relationship with the partner they wish to sponsor.
3. If the sponsor has sponsored a partner for a visa in the past, there may be restrictions on sponsoring another partner until a certain period has elapsed.
4. The sponsor must be above a certain age, typically 18 years old.

It is important for the sponsor to meet all the eligibility requirements outlined by the Department of Home Affairs to ensure the successful sponsorship of their partner for migration to Australia using Form 1393.

3. What are the key requirements for a sponsor on Form 1393?

The key requirements for a sponsor on Form 1393 for sponsoring a partner to migrate to Australia include:

1. Relationship: The sponsor must be the partner or fiancé(e) of the applicant intending to migrate to Australia. The relationship must be genuine and ongoing, with both parties committed to a long-term relationship.

2. Legal age: The sponsor must be at least 18 years old at the time of lodging the sponsorship application.

3. Australian citizenship or permanent residency: The sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen residing in Australia.

4. No previous sponsorship: The sponsor cannot have sponsored two or more previous partners for migration to Australia. If the sponsor has previously sponsored a partner, a longer waiting period may apply.

5. Financial capacity: The sponsor needs to demonstrate that they have the financial capacity to support their partner and any dependent family members during their stay in Australia.

6. No debts to the Australian government: The sponsor must not have any outstanding debts to the Australian government or have arranged to repay any debts before lodging the sponsorship application.

7. Character requirements: The sponsor must meet the character requirements, which includes providing police clearances for all countries where they have lived for 12 months or more since turning 16 years old.

Meeting these key requirements is crucial for a successful sponsorship application under Form 1393.

4. What are the key requirements for the partner being sponsored on Form 1393?

The key requirements for the partner being sponsored on Form 1393 include the following:
1. Relationship: The sponsored partner must be in a genuine and ongoing relationship with the sponsor, either married or in a de facto relationship.
2. Sponsorship: The sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
3. Financial Support: The sponsor must demonstrate the ability to provide financial support for the sponsored partner, ensuring they will not need to rely on government assistance.
4. Commitment: Both the sponsor and partner must commit to a mutual intention to live together as partners.
5. Health and Character: The sponsored partner must meet health and character requirements, such as providing health examinations and police clearances.
6. Compliance: Both the sponsor and partner must comply with Australian immigration laws and regulations throughout the sponsorship process.
Meeting these key requirements is essential for a successful sponsorship application on Form 1393.

5. What documents are required to be submitted with Form 1393?

When submitting Form 1393 for sponsoring a partner to migrate to Australia, several key documents must be included to support the application:

1. Proof of Identity: Both the sponsor and the partner wishing to migrate must provide valid identification documents such as passports or birth certificates.

2. Evidence of Relationship: This includes documents like marriage certificates, evidence of cohabitation, joint bank accounts, and any other proof of a genuine and continuing relationship.

3. Financial Documents: The sponsor needs to provide evidence of their financial capacity to support the partner, such as payslips, tax returns, and bank statements.

4. Character Documents: Both the sponsor and the partner need to submit police clearances from all countries where they have lived for more than 12 months.

5. Health Assessment: The partner intending to migrate will need to undergo a health examination and provide the relevant health assessment documents.

It’s crucial to ensure that all required documents are included and that they are accurate and up-to-date to support the application for sponsorship of a partner to migrate to Australia successfully.

6. What is the processing time for Form 1393?

The processing time for Form 1393 can vary depending on a range of factors, including the completeness of the application, the specific circumstances of the case, and the current workload of the Department of Home Affairs. Generally, the processing time for this form can take anywhere from a few weeks to several months. It is important for applicants to ensure that all required information and supporting documentation is provided accurately and promptly to help expedite the processing of their sponsorship application. Additionally, using a registered migration agent can help navigate through the process more efficiently and reduce the risk of delays.

7. What are the fees associated with Form 1393?

The fees associated with Form 1393, which is the sponsorship for a partner to migrate to Australia, can vary depending on individual circumstances. Here are some potential fees that may be incurred:

1. Application fee: This fee covers the processing of the sponsorship application and is typically payable at the time of submission.

2. Sponsorship nomination fee: This fee is applicable if the sponsor needs to nominate the partner for a visa, such as a Partner visa.

3. Visa application charge: In addition to the sponsorship fees, the partner applying for the visa will also need to pay a visa application charge. This cost can vary depending on the type of visa being applied for and other factors.

4. Additional costs: There may be other associated costs such as health assessments, police checks, translation services, and any other required documentation.

It is important for sponsors and applicants to check the most up-to-date fees on the Department of Home Affairs website or consult with a migration agent for accurate information on the costs associated with Form 1393.

8. Can a sponsor withdraw their sponsorship after submitting Form 1393?

No, a sponsor cannot withdraw their sponsorship after submitting Form 1393. Once Form 1393 has been lodged with the Department of Home Affairs, the sponsor is legally obligated to support their partner’s visa application until a decision is made by the authorities. Withdrawal of sponsorship after submitting Form 1393 can have serious consequences, including potential visa refusal for the sponsored partner. It is essential for sponsors to understand the commitment they are making when submitting Form 1393 and to fulfill their sponsorship obligations throughout the visa application process.

9. What happens if there are changes in the sponsor’s circumstances after submitting Form 1393?

If there are changes in the sponsor’s circumstances after submitting Form 1393 for sponsorship of a partner to migrate to Australia, it is important to notify the Department of Home Affairs of these changes as soon as possible. Depending on the nature of the changes, the impact on the sponsorship application may vary. Here are some key points to consider:

1. Changes in the sponsor’s personal circumstances, such as a change in relationship status, financial situation, or contact details, should be updated with the Department of Home Affairs.
2. If the sponsor no longer meets the eligibility requirements or obligations outlined in Form 1393, the sponsorship may be jeopardized.
3. Providing updated information and documentation regarding the changed circumstances can help mitigate any negative impact on the sponsorship application.
4. The Department may request additional information or documentation to assess the impact of the changes on the sponsorship.
5. Failure to notify the Department of Home Affairs of significant changes in the sponsor’s circumstances can result in the refusal of the sponsorship application or cancellation of an existing sponsorship.

Overall, it is crucial to communicate any changes in the sponsor’s circumstances promptly and proactively to ensure the smooth processing of the partner’s migration application.

10. Can a sponsor apply for more than one person on Form 1393?

Yes, a sponsor can apply for more than one person on Form 1393. When sponsoring a partner to migrate to Australia, the sponsor can include additional family members such as dependent children on the same application. Each person being sponsored will require a separate Form 1393 to be lodged, but as a sponsor, you can submit multiple applications for different family members under the same sponsorship. It is important to ensure that all information provided in each application is accurate and complete to avoid any delays or complications in the visa processing. Each application will be assessed individually based on the specific circumstances of the applicant.

11. What happens if the partner being sponsored is not eligible for a visa after Form 1393 is submitted?

If the partner being sponsored is found to be ineligible for a visa after Form 1393 is submitted, several scenarios can unfold:

1. Refusal of the visa application: If the partner does not meet the eligibility criteria for the visa they are applying for, the visa application may be refused by the Department of Home Affairs.

2. Impact on the sponsorship application: In case the partner is deemed ineligible for a visa, it can also impact the sponsorship application submitted through Form 1393. The sponsorship application may be put on hold or refused if the sponsored partner is ineligible for a visa.

3. Legal implications: There could be legal implications if false information was provided in the sponsorship application or if the eligibility requirements were not met. This can lead to potential consequences for both the sponsor and the sponsored partner.

4. Reconsideration or appeal options: Depending on the reasons for visa ineligibility, there may be options for reconsideration or appeal. It is essential to consult with immigration experts or legal professionals to explore any avenues for review or appeal.

In such situations, seeking guidance from migration agents or legal experts experienced in Australian immigration law is crucial. They can provide advice on the best course of action based on the circumstances and help navigate any challenges that may arise during the visa application process.

12. Can a partner being sponsored work in Australia while their visa application is being processed?

Yes, a partner being sponsored can work in Australia while their visa application is being processed under certain conditions.

1. The sponsored partner must be on a valid visa that allows them to work in Australia while their Partner visa application is being processed.
2. The partner may be eligible to apply for a Bridging Visa A (BVA) once the Partner visa application is lodged, which typically allows them to work in Australia during the processing period.
3. It’s essential to check the work conditions attached to the specific visa the partner holds or will hold during the application process to ensure they are compliant with Australian immigration laws.
4. Additionally, different visa types may have varying work rights, and it’s crucial to understand the partner’s visa status and associated working rights when navigating the visa application process.

13. Can a sponsor include their dependent children on Form 1393?

Yes, a sponsor can include their dependent children on Form 1393 when sponsoring a partner to migrate to Australia. Including dependent children in the sponsorship application is important as it allows them to be considered for migration to Australia along with the sponsored partner. To include dependent children on Form 1393, the sponsor must provide all the necessary information and documentation required for each child, such as proof of relationship, identity documents, and any other relevant details. It is crucial to accurately list all dependent children on the form to ensure they are considered in the visa application process. Additionally, sponsors should be aware of the responsibilities and obligations associated with sponsoring dependent children to migrate to Australia.

14. What are the obligations of a sponsor after the partner has migrated to Australia?

After your partner has migrated to Australia under a Form 1393 sponsorship, as the sponsor, you have certain obligations to fulfill. These obligations include:

1. Providing adequate support and accommodation to your partner.
2. Financially supporting your partner for their basic needs, including food, clothing, and any necessary medical expenses.
3. Assisting your partner in integrating into Australian society and helping them establish connections.
4. Informing the Department of Home Affairs about any changes in your circumstances, such as changes in address, contact details, or marital status.
5. Notifying the department if there is a breakdown in the relationship between you and your partner.

It is important to abide by these obligations as the sponsor to ensure the well-being and successful settlement of your partner in Australia. Failure to meet these obligations could result in consequences for both you as the sponsor and your partner who has migrated.

15. Can a sponsor cancel their sponsorship after the partner has migrated to Australia?

1. No, a sponsor cannot cancel their sponsorship after the partner has successfully migrated to Australia. Once a partner has been granted a visa and has entered Australia as a result of the sponsorship, the sponsor has committed to fulfilling their obligations for the duration of the visa. Cancelling the sponsorship after the partner has already migrated would not invalidate the visa and the sponsor would still be held responsible for the obligations they agreed to when sponsoring their partner.

2. The obligations of a sponsor include providing financial support to the partner for up to two years from the grant of the visa, ensuring the partner has access to accommodation and support services, and notifying the Department of Home Affairs of any significant changes in circumstances, such as the cessation of the relationship. Failure to fulfill these obligations can have serious consequences for the sponsor, including potential sponsorship limitations on future visa applications and possible legal action.

3. It is essential for sponsors to understand the responsibilities involved in sponsoring a partner to migrate to Australia and to carefully consider these obligations before proceeding with the sponsorship application. Cancelling the sponsorship after the partner has migrated is not a viable option and could lead to significant consequences for the sponsor.

16. What are the consequences of providing false or misleading information on Form 1393?

Providing false or misleading information on Form 1393 can have serious consequences for both the sponsor and the partner applying for migration to Australia. It is important to remember that the Australian Department of Home Affairs takes matters of immigration and sponsorship fraud very seriously. Consequences of providing false or misleading information on Form 1393 may include:

1. Visa refusal or cancellation: If the Department of Home Affairs discovers that false information has been provided on the sponsorship form, it may result in the refusal of the visa application for the partner intending to migrate to Australia.

2. Sponsorship bar: The sponsor who provided false or misleading information may be subject to a sponsorship bar, which could prevent them from sponsoring another partner or family member for a specific period of time.

3. Legal repercussions: Providing false information on an official government form can have legal implications, including fines or even criminal charges in some cases.

4. Reputation damage: Being found to have provided false information on a sponsorship form can damage the sponsor’s reputation and credibility, both within the immigration system and more broadly.

It is crucial for sponsors to be truthful and accurate when completing Form 1393 to avoid these significant consequences.

17. Can a partner being sponsored in Australia apply for other visas while their partner visa application is being processed?

1. Yes, a partner being sponsored in Australia can apply for other visas while their partner visa application is being processed. However, there are some important considerations to keep in mind:

2. The partner visa application must take precedence, and the applicant should ensure that the Department of Home Affairs is informed of any additional visa applications being made.

3. Applying for other visas while the partner visa application is in progress may complicate the overall immigration process, as it could potentially raise questions about the genuineness of the relationship or the intention to reside permanently in Australia.

4. It is essential for the applicant to seek advice from a qualified migration agent or lawyer before applying for additional visas to understand the potential implications and ensure compliance with the visa conditions.

5. In some cases, it may be more advisable to wait until a decision is made on the partner visa application before considering other visa options or seeking advice on alternative pathways to remain lawfully in Australia during the processing period.

18. Can a partner being sponsored apply for Australian citizenship once they have lived in Australia for a certain period of time?

Yes, a partner being sponsored can apply for Australian citizenship once they have met the residency requirements. In order to be eligible for Australian citizenship through partner migration, the individual must have lived in Australia on a valid visa for at least four years as a permanent resident, including at least one year as a permanent resident visa holder. Once these residency requirements are met, they can apply for Australian citizenship through the appropriate channels such as the Department of Home Affairs. It is important to note that the application process for Australian citizenship involves meeting various criteria beyond just residency, including demonstrating good character and knowledge of the English language.

19. What support services are available for sponsors and partners during the migration process?

During the migration process for partner sponsorship under Form 1393 in Australia, various support services are available to sponsors and partners to navigate the complexities of the visa application. These support services aim to provide guidance and assistance throughout the process, including:

1. Immigration Advice: Registered migration agents or immigration lawyers can provide professional advice on visa requirements, documentation, and legal procedures.
2. Support Networks: Various community organizations and online forums offer support networks where sponsors and partners can connect with others going through the same process.
3. Government Resources: The Department of Home Affairs website provides detailed information on visa options, application processes, and updates on immigration policies.
4. Assistance with Forms: Services are available to help sponsors and partners complete the necessary forms accurately and efficiently.
5. Counselling Services: Emotional support and counselling services may be offered to partners and sponsors dealing with the stress of the migration process.

Overall, these support services can help sponsors and partners feel more confident and informed as they navigate the sponsorship process for migration to Australia.

20. Can a partner being sponsored work in Australia permanently once their visa is granted?

Yes, a partner being sponsored to migrate to Australia through Form 1393 can work in Australia permanently once their visa is granted. When applying for a Partner Visa (subclass 820 and 801), the sponsored partner is eligible for full work rights in Australia once the temporary visa subclass 820 is granted. This temporary visa allows the partner to live, work, and study in Australia while the permanent visa subclass 801 application is being processed. Once the permanent visa subclass 801 is granted, the sponsored partner can continue to live and work in Australia indefinitely. It’s important to note that certain conditions and requirements need to be met throughout the visa processing and validity periods to maintain work rights in Australia as a sponsored partner.