Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MIGRATION REGULATIONS 1994 - REG 1.20

Sponsorship undertakings

  (1)   The sponsor of an applicant for a visa is a person (except a person who proposes on the relevant approved form another person for entry to Australia as an applicant for a permanent humanitarian visa) who undertakes the obligations stated in subregulation   (2) in relation to the applicant.

  (2)   Subject to subregulation   (4), the obligations of a sponsor in relation to an applicant for a visa are the following:

  (a)   if the application is for a Skilled--Regional Sponsored (Provisional) (Class SP) visa, a Skilled Work Regional (Provisional) (Class PS) visa or a permanent visa (other than a Partner (Migrant) (Class BC) or Partner (Residence) (Class BS) visa)--the sponsor undertakes to assist the applicant, to the extent necessary, financially and in relation to accommodation:

  (i)   if the applicant is in Australia--during the period of 2 years immediately following the grant of that visa; or

  (ii)   if the applicant is outside Australia--during the period of 2 years immediately following the applicant's first entry into Australia under that visa;

    including any period of participation by the applicant in the program known as the Adult Migrant English Program administered by Immigration that falls within that period;

  (b)   if the application is for a temporary visa (other than a Resolution of Status (Temporary) (Class UH), Partner (Provisional) (Class UF), Partner (Temporary) (Class UK) or Extended Eligibility (Temporary) (Class TK) visa)--the sponsor undertakes to accept responsibility for:

  (i)   all financial obligations to the Commonwealth incurred by the applicant arising out of the applicant's stay in Australia; and

  (ii)   compliance by the applicant with all relevant legislation and awards in relation to any employment entered into by the applicant in Australia; and

  (iii)   unless the Minister otherwise decides, compliance by the applicant with the conditions under which the applicant was allowed to enter Australia;

  (c)   if the application is a concurrent application for a Partner (Provisional) (Class UF) and a Partner (Migrant) (Class BC) visa or a Partner (Temporary) (Class UK) and a Partner (Residence) (Class BS) visa, the sponsor undertakes to assist the applicant, to the extent necessary, financially and in relation to accommodation:

  (i)   if the applicant is in Australia--during the period of 2 years immediately following the grant of the provisional or temporary visa; or

  (ii)   if the applicant is outside Australia--during the period of 2 years immediately following the applicant's first entry into Australia after the grant of the provisional or temporary visa;

  (d)   if the application is for a Resolution of Status (Temporary) (Class UH) visa made by an applicant who is outside Australia--the sponsor undertakes to assist the applicant, to the extent necessary, financially and in respect of accommodation, during the period of 2 years immediately following the applicant's entry into Australia as the holder of the visa;

  (e)   if the application is for an Extended Eligibility (Temporary) (Class TK) visa, the sponsor undertakes to assist the applicant, to the extent necessary, financially and in relation to accommodation:

  (i)   if the applicant is in Australia--for the 2 years immediately after the visa is granted; or

  (ii)   if the applicant is outside Australia--for the 2 years immediately after the applicant's first entry into Australia after the visa is granted.

  (3)   A person (other than a person who is a sponsor of an applicant for a visa mentioned in subregulation   (3A), a Skilled--Regional Sponsored (Provisional) (Class SP) visa or a Skilled Work Regional (Provisional) (Class PS) visa) who has been approved by the Minister as the sponsor of an applicant for a visa must enter into the sponsorship by completing the relevant approved form and give it to the Minister not later than a reasonable period after the Minister approves the person as a sponsor.

  (3A)   A person who is a sponsor of an applicant for:

  (a)   a Skilled (Migrant) (Class VE) visa; or

  (b)   a Skilled (Residence) (Class VB) visa; or

  (c)   a Skilled (Provisional) (Class VF) visa; or

  (d)   a Skilled (Provisional) (Class VC) visa;

must complete the relevant approved form and give it to the Minister prior to the Minister approving the person as a sponsor.

  (4)   This regulation does not apply to a visa in the following classes or subclasses:

  (b)   Business Skills--Business Talent (Migrant) (Class EA);

  (c)   Business Skills--Established Business (Residence) (Class BH);

  (e)   Business Skills (Residence) (Class DF);

  (f)   Business Skills (Provisional) (Class UR);

  (fb)   Superyacht Crew (Temporary) (Class UW);

  (ga)   Special Program (Temporary) (Class TE);

  (gb)   Subclass 401 (Temporary Work (Long Stay Activity));

  (gc)   Subclass 402 (Training and Research);

  (gca)   Subclass 407 (Training);

  (gcb)   Subclass 408 (Temporary Activity);

  (gd)   Subclass 420 (Temporary Work (Entertainment));

  (h)   Subclass 457 (Temporary Work (Skilled));

  (i)   Subclass 482 (Temporary Skill Shortage);

  (ia)   Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa;

  (j)   Subclass 870 (Sponsored Parent (Temporary)).


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback