Migration Act s 140A - sponsor obligations

Natalie's commitments and limits as sponsor. The headline rules: she can sponsor at most 2 partners in her lifetime; minimum 5-year gap between sponsorships; she must provide reasonable financial support and accommodation; she must notify the Department of changes in circumstance.

Primary source (selected subsections)

"(1) For a Subclass 820 or 801 visa application, the sponsor must:
    (a) be at least 18 years old; and
    (b) be an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen; and
    (c) not have sponsored more than 2 persons under partner visa categories in their lifetime; and
    (d) have at least 5 years' separation since any prior partner-visa sponsorship; and
    (e) provide the undertakings prescribed by the regulations." Migration Act 1958 (Cth) s 140A (paraphrased - see also reg 1.20J and the Family Sponsor Framework operational policy)

Five obligations Natalie takes on

Truthful Form 40SP. The sponsor form contains declarations about the relationship, the sponsor's prior partner-visa history, the sponsor's residence, and the sponsor's financial position. False information breaches the same PIC 4020 + s 234 rules that apply to the applicant.
Accommodation and financial support. The sponsor undertakes to provide accommodation and financial support to the applicant during the visa period. This is not a formal Assurance of Support bond (unlike Parent visas); it's a written undertaking on the form.
Change-of-circumstance notification. If anything material changes (address, employment, relationship status, criminal record), the sponsor must notify the Department. The applicant has the same duty under reg 2.41.
Eligibility audit. The Department checks the sponsor's eligibility independently: Australian citizenship, age, prior sponsorship history. Natalie is an Australian citizen by birth, over 18, with no prior partner-visa sponsorships.
Cooperation with the Department. Sponsor may be asked for interviews, documents, or supplementary statements.

My case

Sponsor: Natalie Wong (Australian citizen by birth)
Age: > 18 (verified)
Prior partner-visa sponsorships: none (verified)
Sponsor residence at lodgement: Sydney (relocating from San Francisco end of June 2026)
Sponsor employment status: Software Engineer at Cash App (Block, Inc.), San Francisco - on gardening leave 26 Feb to 26 Aug 2026. Will need to address post-relocation employment plans in the Form 40SP narrative.

Sponsorship eligibility under s 140A: satisfied
Modlean: sponsorEligibility natalie = true (kernel-checked).

What's NOT typically required for partner-visa sponsorship

No specific income threshold. Unlike skilled-migration sponsors, partner-visa sponsors are not subject to a minimum income test. Reasonable evidence of capacity to provide support (employment, savings, housing) is enough.
No Assurance of Support bond (unlike Parent visas). Department may request AOS in specific cases but rarely does for partner.
No requirement to be physically in Australia at lodgement. Natalie can be offshore at lodgement (she's in SF until end June). Practically, she'll be co-located in Sydney shortly after.

Strategy implications

Form 40SP drafting. Migration agent will guide Natalie through the form. The relationship narrative on 40SP should mirror Eduardo's 47SP statement.
Address the gardening-leave context. Show that Natalie's financial position is sound during gardening leave (severance + 6-month notice paid) and that post-relocation employment is being sought. Not required, but pre-empts case-officer concern.
Post-grant: sponsorship obligations continue through to 801. Natalie's undertakings persist until the permanent visa decision.

reg 1.09A - de facto definition (relationship test)
Form 40SP - sponsor form (coming)
Q10 - Natalie's downside risks (coming)