Visa Sponsorship Compliance
When sponsoring an individual for a visa, it is essential to understand the specific obligations and responsibilities that accompany this role. Failure to comply with these obligations can result in serious consequences, including the cancellation of the visa by the Department of Home Affairs. This document outlines the compliance requirements for various visa types, including Partner Visas, Parent Visas, and Skilled Work Regional Visas.
Partner Visa Sponsorship Compliance
Introduction
As a sponsor for a Partner Visa, you enter into a legally binding agreement to support the visa holder and their children for the first two years following the grant of the visa. This support encompasses both financial assistance and accommodation. It is crucial to recognize that once the visa has been granted, you cannot withdraw your sponsorship. Should you fail to fulfill your obligations, the Department may initiate the cancellation of the visa.
Withdrawing Sponsorship
You are permitted to withdraw your sponsorship at any time before the Department makes a decision on the permanent Partner Visa (Subclass 801) application. However, it is important to note that even if you withdraw your sponsorship, the applicant may still be eligible for the permanent Partner Visa under specific circumstances.
Circumstances Allowing Grant of Partner Visa Despite Withdrawal
Family Violence Situations: If the relationship has ended due to instances of family violence perpetrated by the sponsor against the visa holder or their dependent children, the visa may still be granted.
Children Involved: If the applicant has parental responsibility for a child under 18 years, they may still qualify for the Partner Visa if the relationship has ended.
Death of the Partner: In the unfortunate event that the sponsoring partner passes away, the visa holder may still obtain a Partner Visa if they can demonstrate that the relationship would have continued or if they have established significant ties to Australia.
Responsibilities for Prospective Marriage Visa Sponsors:
If you sponsor a Prospective Marriage Visa applicant, you agree to accept financial responsibility for your fiancé’s stay in Australia, including compliance with all relevant legislation and regulations regarding any employment they undertake.
Responsibilities for Partner Visa Sponsors:
As a Partner Visa sponsor, you are required to assist your partner financially and in relation to accommodation for the first two years after the visa is granted. This includes ensuring that the visa holder has adequate living arrangements and financial resources to sustain themselves and any dependent children during this period.
Parent Visa Sponsorship Compliance
Introduction
Similar to the Partner Visa, as a sponsor for a Parent Visa, you agree to provide support for the visa holder and their children for the first two years following the grant of the visa. Once the visa is granted, you cannot withdraw your sponsorship, and any non-compliance with your obligations may result in the cancellation of the visa.
Withdrawing Sponsorship
You may withdraw your sponsorship at any time before the Department decides on the permanent Parent Visa applications (Subclass 103, 804, 173, 143, 884, 864). However, the applicant may still be eligible for the permanent Parent Visa under certain conditions.
Skilled Work Regional Visa Sponsorship Compliance
Sponsorship by an Eligible Relative
As a sponsor for a Skilled Work Regional Visa, you are responsible for supporting the visa holder and their children for the first two years following the grant of the visa by providing both accommodation and financial assistance. Once the visa has been granted, you cannot withdraw your sponsorship.
Responsibilities:
Accommodation Assistance: You are required to assist the applicant(s) with accommodation for the first two years following the grant of the visa. This obligation applies whether the applicant(s) are currently in Australia or entering for the first time.
Financial Assistance: You must provide financial support as necessary during the same two-year period, ensuring that the applicant(s) can meet their basic living expenses.
Financial Obligations: You accept responsibility for all financial obligations to the Commonwealth incurred by the applicant(s) during their stay in Australia.
Compliance with Legislation: It is your responsibility to ensure that the applicant(s) comply with all relevant laws and regulations concerning any employment they undertake in Australia.
Visa Conditions: You must ensure that the applicant(s) adhere to the conditions of their visa unless otherwise determined by the Minister.
Frequently Asked Questions (FAQ)
1. Can I withdraw my sponsorship once the visa has been granted?
No, you cannot withdraw your sponsorship once the visa has been granted. However, you may withdraw your sponsorship before the Department makes a decision on the permanent Partner or Parent Visa applications.
2. What are the consequences of failing to meet my sponsorship obligations?
If you fail to meet your sponsorship obligations, the Department of Home Affairs may initiate the cancellation of the visa, which could impact the visa holder’s status in Australia.
3. What support am I required to provide as a sponsor?
As a sponsor, you are required to provide both accommodation and financial assistance to the visa holder and their children for the first two years following the grant of the visa.
4. In what situations can a Partner Visa be granted despite withdrawal of sponsorship?
A Partner Visa may still be granted despite withdrawal of sponsorship if there are instances of family violence, if the visa holder has a child under 18, or if the sponsoring partner has passed away.
5. Am I responsible for the visa holder’s employment compliance?
Yes, as a sponsor, you are responsible for ensuring that the visa holder complies with all relevant legislation and awards in relation to any employment they undertake in Australia.
By thoroughly understanding and adhering to these sponsorship obligations, you can contribute positively to the successful integration of visa holders into Australian society while fulfilling your legal responsibilities.
Visa Sponsorship Compliance
When sponsoring an individual for a visa, it is essential to understand the specific obligations and responsibilities that accompany this role. Failure to comply with these obligations can result in serious consequences, including the cancellation of the visa by the Department of Home Affairs. This document outlines the compliance requirements for various visa types, including Partner Visas, Parent Visas, and Skilled Work Regional Visas.
Partner Visa Sponsorship Compliance
Introduction
As a sponsor for a Partner Visa, you enter into a legally binding agreement to support the visa holder and their children for the first two years following the grant of the visa. This support encompasses both financial assistance and accommodation. It is crucial to recognize that once the visa has been granted, you cannot withdraw your sponsorship. Should you fail to fulfill your obligations, the Department may initiate the cancellation of the visa.
Withdrawing Sponsorship
You are permitted to withdraw your sponsorship at any time before the Department makes a decision on the permanent Partner Visa (Subclass 801) application. However, it is important to note that even if you withdraw your sponsorship, the applicant may still be eligible for the permanent Partner Visa under specific circumstances.
Circumstances Allowing Grant of Partner Visa Despite Withdrawal
- Family Violence Situations: If the relationship has ended due to instances of family violence perpetrated by the sponsor against the visa holder or their dependent children, the visa may still be granted.
- Children Involved: If the applicant has parental responsibility for a child under 18 years, they may still qualify for the Partner Visa if the relationship has ended.
- Death of the Partner: In the unfortunate event that the sponsoring partner passes away, the visa holder may still obtain a Partner Visa if they can demonstrate that the relationship would have continued or if they have established significant ties to Australia.
Responsibilities for Prospective Marriage Visa Sponsors:
If you sponsor a Prospective Marriage Visa applicant, you agree to accept financial responsibility for your fiancé’s stay in Australia, including compliance with all relevant legislation and regulations regarding any employment they undertake.
Responsibilities for Partner Visa Sponsors:
As a Partner Visa sponsor, you are required to assist your partner financially and in relation to accommodation for the first two years after the visa is granted. This includes ensuring that the visa holder has adequate living arrangements and financial resources to sustain themselves and any dependent children during this period.
Parent Visa Sponsorship Compliance
Introduction
Similar to the Partner Visa, as a sponsor for a Parent Visa, you agree to provide support for the visa holder and their children for the first two years following the grant of the visa. Once the visa is granted, you cannot withdraw your sponsorship, and any non-compliance with your obligations may result in the cancellation of the visa.
Withdrawing Sponsorship
You may withdraw your sponsorship at any time before the Department decides on the permanent Parent Visa applications (Subclass 103, 804, 173, 143, 884, 864). However, the applicant may still be eligible for the permanent Parent Visa under certain conditions.
Skilled Work Regional Visa Sponsorship Compliance
Sponsorship by an Eligible Relative
As a sponsor for a Skilled Work Regional Visa, you are responsible for supporting the visa holder and their children for the first two years following the grant of the visa by providing both accommodation and financial assistance. Once the visa has been granted, you cannot withdraw your sponsorship.
Responsibilities:
- Accommodation Assistance: You are required to assist the applicant(s) with accommodation for the first two years following the grant of the visa. This obligation applies whether the applicant(s) are currently in Australia or entering for the first time.
- Financial Assistance: You must provide financial support as necessary during the same two-year period, ensuring that the applicant(s) can meet their basic living expenses.
- Financial Obligations: You accept responsibility for all financial obligations to the Commonwealth incurred by the applicant(s) during their stay in Australia.
- Compliance with Legislation: It is your responsibility to ensure that the applicant(s) comply with all relevant laws and regulations concerning any employment they undertake in Australia.
- Visa Conditions: You must ensure that the applicant(s) adhere to the conditions of their visa unless otherwise determined by the Minister.
Frequently Asked Questions (FAQ)
- Can I withdraw my sponsorship once the visa has been granted?
No, you cannot withdraw your sponsorship once the visa has been granted. However, you may withdraw your sponsorship before the Department makes a decision on the permanent Partner or Parent Visa applications. - What are the consequences of failing to meet my sponsorship obligations?
If you fail to meet your sponsorship obligations, the Department of Home Affairs may initiate the cancellation of the visa, which could impact the visa holder’s status in Australia. - What support am I required to provide as a sponsor?
As a sponsor, you are required to provide both accommodation and financial assistance to the visa holder and their children for the first two years following the grant of the visa. - In what situations can a Partner Visa be granted despite withdrawal of sponsorship?
A Partner Visa may still be granted despite withdrawal of sponsorship if there are instances of family violence, if the visa holder has a child under 18, or if the sponsoring partner has passed away. - Am I responsible for the visa holder’s employment compliance?
Yes, as a sponsor, you are responsible for ensuring that the visa holder complies with all relevant legislation and awards in relation to any employment they undertake in Australia.
By thoroughly understanding and adhering to these sponsorship obligations, you can contribute positively to the successful integration of visa holders into Australian society while fulfilling your legal responsibilities.
Disclaimer: ‘Aussie Migration Services Pty Ltd’ and its associates are independent consulting entities which are not associated in anyway with the Australian ‘Department of Home Affairs’ (DOHA). Information on this website does not constitute personal migration advice. For a customized migration advice based on your personal circumstances, please call and talk to one of our Immigration Consultants or register your interest with our Associates.