Commonwealth Consolidated Regulations

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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 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 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.

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

                (a)    Business Skills (Migrant) (Class AD);

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

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

               (d)    Business Skills (Residence) (Class BH);

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

              (ea)    Cultural/Social (Temporary) (Class TE);

              (eb)    Domestic Worker (Temporary) (Class TG);

              (ec)    Educational (Temporary) (Class TH);

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

               (fa)    Sponsored Training (Temporary) (Class UV);

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

                (g)    Skilled -- Independent Regional (Provisional) (Class UX);

                (h)    Subclass 457 (Business (Long Stay)).



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