Regulation 1.20 — Sponsorship undertakings

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);

(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));

(ha) Subclass 482 (Skills in Demand);

(i) Subclass 482 (Temporary Skill Shortage);

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

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

Division 1.4B—Limitation on certain sponsorships under Division 1.4