Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(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) , Extended Eligibility (Temporary) (Class TK) visa) or Sponsored Training (Temporary) (Class UV) 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);
(f) Business Skills (Provisional) (Class UR);
(g) Skilled -- Independent Regional (Provisional) (Class UX);
(h) Subclass 457 (Business (Long Stay)).
Note Sponsorship arrangements for Subclass 457 (Business (Long Stay)) visas are set out in Division 1.4A of these Regulations.
(5) This regulation does not apply to:
(a) a Subclass 571 (Schools Sector) visa; or
(b) a Subclass 572 (Vocational Education and Training Sector) visa; or
(c) a Subclass 573 (Higher Education Sector) visa; or
(d) a Subclass 574 (Postgraduate Research Sector) visa;
if the applicant for the visa is a person designated under regulation 2.07AO, or is applying on the basis of being a member of the family unit of a person designated under regulation 2.07AO.