Who Can Sponsor a Carer Visa? Form 40 and the Sponsor's Role

A Carer visa can be sponsored by the carer's Australian relative, or by that relative's cohabiting spouse or de facto partner, if the sponsor is 18 or older and a settled Australian citizen, permanent resident or eligible New Zealand citizen. The sponsor fills in Form 40, gives it to the carer to lodge with the visa application, and promises accommodation and financial help for 2 years; lodging the sponsorship itself costs nothing.

What the sponsor signs and sends

Form 40 Sponsorship for migration to Australia, completed and signed at Part L (and Part M by the sponsor's partner)
Proof that the sponsor is an Australian citizen, permanent resident or eligible New Zealand citizen
Documents showing how the sponsor is related to the carer
Income, tax and asset records, if the Department asks for them
The Carer Visa Assessment Certificate, or the provider's letter confirming the assessment has begun
Written evidence that the care needed is not reasonably available in Australia

Two people can sponsor a Carer visa: the Australian relative the carer is coming to help, or that relative's spouse or de facto partner who lives with them.

The Australian relative. Under clause 836.213 of the Migration Regulations 1994 (Cth), the sponsor of an onshore subclass 836 application is the relative if they have turned 18, are a settled Australian citizen, permanent resident or eligible New Zealand citizen, and usually live in Australia. For an offshore subclass 116 application, clause 116.212 names the same relative once they have turned 18.
The relative's cohabiting partner. The spouse or de facto partner of the Australian relative can sponsor instead if they are 18 or older, a citizen, permanent resident or eligible New Zealand citizen, and live with the relative.

A "relative" is defined in regulation 1.03: a spouse or de facto partner, child, parent, brother, sister, grandparent, grandchild, aunt, uncle, niece or nephew, or a step equivalent. Cousins are not relatives for this visa.

The sponsorship must be approved by the Minister and still be in force when the visa is decided (clauses 836.227 and 116.222). Form 40 adds that the sponsor of a carer "usually cannot be changed once the sponsorship application form is lodged", so choose the sponsor carefully at the start.

Settled means lawfully resident in Australia for a reasonable period, which the Department treats as at least 2 years at the date the visa application is lodged.

Regulation 1.03 of the Migration Regulations 1994 (Cth) says only "a reasonable period". The 2-year figure is Department policy, set out on page 3 of Form 40 and in the Department's glossary. Periods of lawful temporary residence can count. For an Australian citizen, a shorter period of at least 3 months may be accepted where there are compassionate and compelling circumstances, or where the citizen has come home after living overseas for a long time.

For a subclass 116 application, clause 116.212 does not use the word "settled" for the main applicant's sponsor. Clause 116.322 does require a settled sponsor for any family member included in the application, and the Department's subclass 116 page asks for a settled sponsor in every case. Meeting the Department's 2-year test avoids the argument.

An eligible New Zealand citizen can sponsor a Carer visa, and eligible means a protected Special Category visa (SCV) holder under section 7 of the Social Security Act 1991 (Cth).

In short, the Department's page on New Zealand citizens' entitlements (updated 19 February 2026) treats a New Zealand citizen as protected if they were in Australia on 26 February 2001 as an SCV holder, or spent 365 days or more in Australia in the 2 years before that date, or are protected under section 7(2B) to (2D) of the Act with written confirmation from Centrelink. A New Zealand citizen who is not protected must first become an Australian citizen or permanent resident; since 1 July 2023 every SCV holder can apply for citizenship by conferral directly.

What if the person needing care is your partner or child?

If the person needing care is your partner or child, you sponsor as the Australian relative and the care is for a member of your family unit, which regulation 1.15AA(1)(b)(i) of the Migration Regulations 1994 (Cth) allows.

Three extra conditions apply in that case:

the person who needs care must be an Australian citizen, permanent resident or eligible New Zealand citizen (regulation 1.15AA(1)(ba));
you, as the resident, must have a permanent or long-term need for help in giving them the care (regulation 1.15AA(1)(d));
the carer must still be your relative (regulation 1.15AA(1)(a)).

A child under 18 cannot sponsor, because every sponsor must have turned 18. A parent therefore sponsors when the care is for a child. The medical side is the same whoever needs the care, and this guide explains which medical conditions qualify for a Carer visa in terms of the assessment. Each condition in the chain is tested in order in the three-link eligibility check, which is the quickest way to see whether the family-unit route fits.

What if the relative cannot sign the sponsorship?

If the relative cannot sign the sponsorship, the only other sponsor the Migration Regulations 1994 (Cth) allow is the relative's spouse or de facto partner who lives with them.

No provision lets an attorney, a guardian or a tribunal-appointed administrator sponsor a Carer visa on the relative's behalf: clauses 116.212 and 836.213 name only the relative and their cohabiting partner. The contrast is telling. Form 40 describes rules that let a guardian sponsor a Parent visa for a person under 18, and the Regulations mention a "legal personal representative" for someone with a serious incapacity only in the rules on refunding visa charges (regulations 2.12F to 2.12L) and on court proceedings (regulation 5.44), never in the sponsorship criteria.

There is a second route. If a healthy spouse or parent in the household is the Australian relative of the carer, that person can sponsor as the resident, and the person without capacity is the member of their family unit who needs care (see the heading above). For the assessment itself, the provider's Statement of Assistance lets the person who needs care consent to an authorised representative booking the appointment.

How do you complete Form 40 for a Carer visa?

Complete Form 40 (design date 09/21) on paper in English, tick "Aged Dependent Relative/Remaining Relative/Carer" at question 2, and work through Parts A to M before signing the undertaking at Part L.

Questions 1 to 7 and Parts A to C. Give the visa, your relationship to the carer, and the details of the carer, their partner and every member of their family unit, even those who will not migrate.
Parts D and E. Record earlier sponsorships.
Part F (questions 17 to 41). Give your identity and dates, one identity number at question 27, and your employers and any income-support payments for the last 2 years (questions 34 to 38). If you live outside Australia, attach a statement on how you will meet your obligations (question 29).
Parts G and H (questions 42 to 49). List your family in Australia aged 18 or over and describe your home. The family answers also bear on whether other relatives could give the care.
Parts I to K. Skip Part I, which is for community organisations. Say who helped you with the form and where letters should go (Form 956 or 956A).
Parts L and M. Sign the undertaking and the biometrics consent; your partner signs Part M.
Hand it over. Attach certified copies and give everything to the carer, who lodges it with Form 47OF and proof of payment. A carer outside Australia may send the bundle to you to post to Perth. Applications cannot be lodged in person.

The sponsor promises to help the carer and their family with accommodation and money, to the extent necessary, for 2 years after an 836 visa is granted, or for 2 years after a 116 holder first enters Australia.

That is regulation 1.20(2)(a) of the Migration Regulations 1994 (Cth). The Department's subclass 116 page says "2 years after the visa is granted", but for an applicant outside Australia the regulation counts from first entry, and the regulation governs.

At question 68 of Form 40 the sponsor also agrees to:

give information and advice to help the family settle;
provide financial help with health, medical and pharmaceutical needs;
support them to attend English classes;
attend an interview if the Department asks;
tell the Department in writing before the application is decided if the sponsor withdraws support.

The Department's subclass 836 page says: "if you don't comply with your sponsorship obligations, we might cancel the visa." It does not say which cancellation power it would use, and no Carer-specific ground appears in the Regulations.

A sponsor on Centrelink can sponsor a Carer visa, because no rule bars people who receive income support; the Department instead assesses whether the undertaking can be met.

Form 40 asks about payments received in the last 2 years (questions 35 to 38) and says the Department will assess "the financial and employment standing of the sponsor and/or partner" and the accommodation available; if the obligations cannot be met, "the sponsorship cannot be approved". The rule that a person on a full-rate pension generally cannot be an assurer belongs to the Assurance of Support scheme, not to sponsorship.

Is an Assurance of Support a Carer visa criterion?

An Assurance of Support is not a Carer visa criterion: neither the subclass 116 nor the subclass 836 criteria in Schedule 2 of the Migration Regulations 1994 (Cth) mention one.

Other family visas are different. The Remaining Relative and Aged Dependent Relative visas require an Assurance of Support, and some visas, such as the Child and Orphan Relative visas, contain a criterion that applies "if the Minister has requested an assurance of support". Parts 116 and 836 contain neither. Form 40 says the same thing in plain words.

The Department's 836 and 116 pages still say "You might be asked to provide an assurance of support for the visa applicant." If a family is asked and chooses to give one, the Social Security (Assurances of Support) Determination 2018 sets a bond of A$5,000 for the main applicant and A$2,000 for each secondary applicant covered, and Services Australia says an assurance for this kind of visa lasts 4 years (page updated 4 March 2026).

Can you withdraw a Carer visa sponsorship?

You can withdraw a Carer visa sponsorship at any time before the Department decides the application, in writing, but not after the visa is granted.

The Department asks for a letter with your full name, date of birth, and the file reference number or Client ID, sent to the Child and Other Family Visa Processing Centre in Perth at the address on the form.

In practice, withdrawal usually ends the application. Clauses 836.227 and 116.222 require the sponsorship to be still in force at the time of decision, and Form 40 says a carer's sponsor usually cannot be changed. That is this guide's reading of the Regulations; the Department's pages do not spell out the consequence.

A sponsor who moves interstate stays eligible but must tell the Department, while a sponsor who moves overseas puts the application at risk.

A move within Australia changes no criterion. Report the new address through the Department's Other Family Visa Processing Centre online form, and expect the evidence about local care services to need updating.

A move overseas is more serious. Regulation 1.15AA(1) describes the person being cared for as a citizen "usually resident in Australia", a permanent resident or an eligible New Zealand citizen, and it asks whether care can be obtained from services "in Australia". The carer test is applied when the visa is decided (clauses 836.221 and 116.221), which may be years after lodgement. Form 40 notes that a temporary absence does not necessarily break usual residence, but a permanent move is likely to. This is this guide's reading of the law, not a published Department rule.

The sponsor proves their status with a certified copy of a citizenship certificate or birth certificate, evidence of a permanent visa, or proof of protected SCV status, together with evidence of being settled in Australia.

Which document works depends on how and when the sponsor became a citizen or resident, and a birth certificate alone is not always enough. Each case is set out in the guide to proving the sponsor's status.

What else does the relative do for a Carer visa?

The relative does three more things for a Carer visa: takes part in the carer assessment, gathers evidence that care is not available, and hands the paperwork to the carer to lodge.

The carer assessment. The person who needs care is examined by the provider the Minister has specified, and the certificate that follows binds the Department on the medical questions. The steps, fees and forms are explained in the guide to how the carer assessment works.
Evidence about other care. The Department's 836 page asks the sponsor for "written evidence that you don't have reasonable access to care options in Australia". What counts as proof that care is not reasonably available is covered on its own page, with the evidence that decision-makers look for.
The paperwork. Form 40 and the sponsor's documents go in together with the carer's Form 47OF, because a Carer visa lodged on paper is the only way to apply.

After a subclass 116 refusal, it is the sponsor, not the carer, who applies to the Administrative Review Tribunal (Migration Act 1958 (Cth) section 347A(1)(b)), within the time stated in the decision letter.

Anyone who helps a sponsor prepare Form 40 for a fee must be a registered migration agent or an Australian legal practitioner, and it takes a minute to check a migration agent's registration before paying. The overview of the whole visa is on Carer Visa Australia.

A registered professional makes a grant more likely

A sponsor's status, a partner's cohabitation or an unsigned Part L can sink the application, and a carer's sponsor usually cannot be swapped later. A registered migration agent or an Australian legal practitioner makes a clean sponsorship more likely, especially where the relative lacks capacity and no published rule says who may sign.

Ask about your case

Who can sponsor a Carer visa? The relative's side of the application