Overview - Sponsoring someone to Australia

Sponsorship is required for many Australian visas, however, usually it is for permanent residence applications. The sponsor can be either a person, company or government authority. The sponsor takes on certain sponsorship obligations in relation to the visa applicant/ visa holder. The obligations of the sponsor vary depending on type of visa being approved for.

Who can sponsor?

In all cases, the sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen aged 18 years or over who lives in Australia. There is no legal requirement that the sponsor be physically in Australia when the sponsorship is lodged. However for some visa classes and for New Zealanders, the sponsor must be usually resident in Australia . Sponsors who are outside Australia on a short-term basis would meet the requirement. If the sponsor is residing overseas on a permanent or long-term basis the sponsorship is likely to be rejected.

Even in the categories where the sponsor is not required to be usually resident in Australia, a sponsorship may be rejected where the sponsor is residing permanently outside Australia. In this situation the overseas post may have doubts that the sponsor will be able to fulfil their sponsorship obligations.

The sponsorship undertaking

Sponsors are required to undertake to provide financial support and accommodation to their relatives for the first 2 years after they arrive in Australia. This undertaking is to include "any period of participation by the applicant in the Adult Migration English Program".

Sponsorship may be rejected if the Department of Immigration doesn't believe the sponsor can or will fulfil these obligations.

In assessing the sponsorship the immigration officer considers the following things;

•  the proposed accommodation for the relatives
•  whether the sponsor and/or their spouse is employed and    their financial situation generally
•  whether the sponsor would assist their relative with    finances and accommodation if that became necessary.

Sponsors who refuse to fulfil their obligations may find they have difficulty sponsoring other relatives if the Department of Immigration finds out.

The Department of Immigration requires the sponsor to have lived in Australia for a period of 2 years prior to the sponsorship, as sponsors who have lived in Australia for less than this period are not generally considered sufficiently well established to fulfil their responsibilities as a sponsor.

Sponsorship of family members may also require an approved Assurance of Support (AOS). The sponsor does not need to be the assurer, an assurer can be any Australian Citizen or permanent resident that is not related to the applicant.

An AOS is a commitment to provide financial support to the person applying to migrate so that the migrant will not have to rely on any government forms of support.

It is also a legal commitment by a person to repay the Australian Government any recoverable social security payments made to those covered by the assurance.

The AOS is in force for two years, from the date of the assuree's arrival in Australia or grant of a relevant visa, whichever happens later.

It covers the principal applicant and any family members included in the application.