Sponsorship rules for the 114 visa: settled, age 18 and Form 40 in 2026
How Subclass 114 sponsorship works: who can sponsor, what 'settled' and age 18 mean, Form 40, and whether the sponsor can change mid-processing.
Sponsorship is not a formality stapled to a Subclass 114 (Aged Dependent Relative) application — it is a separate limb that the Australian Department of Home Affairs assesses and must approve in its own right. Per the Department's Aged Dependent Relative visa (Subclass 114) page, the sponsor must be aged 18 years or older, settled in Australia, and an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, and must complete Form 40 Sponsorship for migration to Australia; the Department states that it must approve the sponsorship. This is general information about how that step is put together, not advice tailored to one family's situation, and the current official page and the legislation remain the reference point.
Who can act as sponsor, and what does "settled" require?
The official visa page sets out three sponsor conditions in a single line: aged 18 or older, settled in Australia, and holding one of three statuses — Australian citizen, Australian permanent resident, or eligible New Zealand citizen. All three have to be satisfied; being a citizen does not excuse the "settled" element, and being settled does not help if the person holds none of the three statuses.
The public page does not spell out how long someone must have lived in Australia to count as settled. "Settled" is a defined term in the Migration Regulations 1994 (regulation 1.03), and commentary on the regulations and on the Department's policy guidance commonly puts it at around two years of lawful residence in Australia. Because that period is not stated on the visa page itself, treat any specific figure as something to confirm against the current regulations and the Department's published policy rather than as a fixed number.
Can the relative's spouse or partner sponsor instead of the relative?
Yes, in a defined set of circumstances. Clause 114.212 of the Migration Regulations 1994 allows sponsorship by the Australian relative's spouse or de facto partner, provided that person is living with the Australian relative, is settled, is an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and is at least 18. The Department's document checklist reflects the same structure in plainer language: the applicant "must be sponsored by your relative or relative's partner."
The cohabitation element is the part that most often separates a workable sponsorship from an unworkable one. Where the couple is living apart, the partner's own citizenship or residency is not enough on its own, and the sponsorship needs to sit with the Australian relative instead.
What is Form 40, and what does it actually do?
Form 40 Sponsorship for migration to Australia is the instrument through which the sponsorship is made. The sponsor, not the applicant, completes it, and the Department's step-by-step page lists it alongside Form 47OF Application for migration to Australia by other family members as part of the paper application. Like the other paper forms, it is completed in English.
Two things about Form 40 are worth separating. First, it creates the sponsorship that the regulations then test — at the time of application under clause 114.212, and again at the time of decision under clause 114.222, which requires that the sponsorship has been approved by the Minister and is still in force. Second, it is not the same thing as the relationship evidence. Relationship is proved separately with birth certificates, marriage certificates, death certificates, adoption certificates, or officially issued and maintained family status certificates or family books, while the sponsor's status is proved with a citizenship certificate, a passport, or a valid visa in the case of an eligible New Zealand citizen.
If secondary applicants are included, the sponsorship has to cover them too: clause 114.312 requires that the sponsorship relied on by the main applicant also extends to the family members applying with them.
Is sponsorship approved separately from the visa itself?
It is assessed as its own criterion. The eligibility page lists "Have a sponsor" as a standalone requirement and adds that the sponsorship must be approved; the regulations carry this through to the decision stage, so an approved sponsorship that has lapsed or been withdrawn by decision time does not meet clause 114.222. In practice the sponsorship is decided within the same process as the visa, but it is a distinct test with its own failure point.
Policy guidance for this visa also records a sponsorship limitation worth knowing before Form 40 is signed: a sponsor who previously held a Subclass 802 visa and was supported by a State or Territory welfare authority is barred from sponsoring a Subclass 114 application. Guidance of this kind is revised periodically and is not restated on the public visa page, so confirm it against the Department's current published policy.
Can the sponsor be changed while the application is being processed?
The Department's policy guidance for Subclass 114 states that the sponsor cannot be substituted once the application has been made. On that reading, if the original sponsor dies or otherwise ceases to be able to sponsor during processing, the application fails rather than continuing with a replacement sponsor — which is a very different position from the general expectation that a family can reshuffle arrangements mid-stream.
Because the public visa page does not address sponsor substitution either way, this is a point to verify against the current policy guidance and the regulations before lodging. The practical consequence for planning is straightforward: the sponsorship needs to be viable for the whole of the processing period, not just on the day Form 40 is signed.
Where does sponsorship sit alongside the rest of the 114 application?
Sponsorship is one limb of a longer chain. The applicant must be old enough to receive the age pension in Australia, must have been dependent on the Australian relative for basic needs such as food, shelter and clothing for at least three years before applying, and must have no partner. Health and character requirements apply to the applicant and to family members applying with them, and an assurance of support is required at the point the Department asks for it — a separate mechanism from sponsorship, directed at ensuring the applicant does not rely on government assistance after arrival. The applicant must also be outside Australia when applying and when the decision is made.
Frequently Asked Questions
Does my sponsor have to be an Australian citizen?
No. An Australian permanent resident or an eligible New Zealand citizen can sponsor, provided the person is at least 18 and settled in Australia. The Department's visa page treats the three statuses as alternatives.
Can my sister's husband sponsor me instead of my sister?
He can, if he is living with your sister, is at least 18, is settled, and is an Australian citizen, Australian permanent resident or eligible New Zealand citizen. This comes from clause 114.212 of the Migration Regulations 1994; if the couple is not living together, the sponsorship generally needs to sit with your sister.
How long must my sponsor have lived in Australia to be "settled"?
The official visa page sets the requirement as "settled in Australia" without giving a period, and "settled" is defined in regulation 1.03 of the Migration Regulations 1994. Commentary on the regulations commonly refers to roughly two years of lawful residence, so confirm the current definition before relying on any figure.
Is sponsorship the same thing as the assurance of support?
No. Sponsorship is made through Form 40 and must be approved by the Department, while the assurance of support is requested separately, later in processing, and is about ensuring the applicant does not need government assistance after arriving. Both are required for this visa, and satisfying one does not satisfy the other.
Does an approved sponsorship mean the visa will be granted?
No. Approval of the sponsorship removes one criterion; the applicant still has to meet the age, three-year dependency, no-partner, health, character and assurance of support requirements. A sponsorship that ceases to be in force by decision time also fails clause 114.222.
Do I still need Form 40 if I have already given birth and marriage certificates?
Yes. Those documents prove the relationship and, in the case of a citizenship certificate or passport, the sponsor's status; Form 40 is the separate instrument that actually makes the sponsorship and allows it to be assessed and approved.