Sponsorship For Migration To Australia: (Parent, Aged Dependent Relative, Remaining Relative, Carer)
Sponsorship For Migration To Australia: (Parent, Aged Dependent Relative, Remaining Relative, Carer)
Sponsorship For Migration To Australia: (Parent, Aged Dependent Relative, Remaining Relative, Carer)
Form
40
Integrity of sponsorship
The department is committed to maintaining the integrity of the visa and citizenship programs. Please be aware that if you provide us with fraudulent documents or claims, this may result in processing delays and possibly your sponsorship being refused.
Limitations on sponsorship
For each visa, there are different eligibility criteria for who can be sponsored and who can sponsor. Please read the eligibility criteria as well as the information for sponsors in the appropriate booklet. Following is a brief guide. A sponsor of a parent or remaining relative visa application can be changed before the visa application is finally determined. A sponsor of a carer or aged dependent relative visa application usually cannot be changed once the sponsorship application form is lodged. A parent cannot be sponsored under either of the Remaining Relative visa subclasses. For parents to be eligible for sponsorship under the Balance of Family Test (BoF), any permanent resident children who are identified as being resident in Australia must be able to demonstrate that they are settled and usually resident in Australia. (Booklet 3, Parent Migration provides an explanation of the BoF.) A sponsor for a relative applying for an Aged Dependent Relative visa must be able to demonstrate that for a reasonable period (usually 3 years) their relative has been wholly or substantially dependent on them for basic needs of food, shelter and clothing; or that their aged relative is dependent upon them because the relative has a disability that prevents them from working. A person who has previously been granted a Preferential Family (Class AY) subclass 104 visa, Family (Class AG/AO/AS) subclass 806 visa, Other Family (Class BO) subclass 115 (Remaining Relative) visa or Other Family (Class BU) subclass 835 (Remaining Relative) visa cannot sponsor an applicant for a Remaining Relative visa. A person who has previously sponsored or nominated a successful applicant for a Preferential Family (Class AY) subclass 104 visa, Family (Class AG/AO/AS) subclass 806 visa, Other Family (Class BO) subclass 115 (Remaining Relative) visa or Other Family (Class BU) subclass 835 (Remaining Relative) visa cannot sponsor another person for a Remaining Relative visa. The partner of the applicants Australian relative cannot act as the sponsor if the Australian relative was a successful applicant for, or has previously sponsored or nominated a successful applicant for, a Preferential Family (Class AY) subclass 104 visa, Family (Class AG/AO/AS) subclass 806 visa, Other Family (Class BO) subclass 115 (Remaining Relative) visa or Other Family (Class BU) subclass 835 (Remaining Relative) visa. The partner of the applicants Australian relative cannot act as the sponsor if the partner has previously sponsored or nominated a successful applicant for a Preferential Family (Class AY) subclass 104 visa, Family (Class AG/AO/AS) subclass 806 visa, Other Family (Class BO) subclass 115 (remaining Relative) visa or Other Family (Class BU) subclass 835 (Remaining Relative) visa on behalf of the Australian relative. A person cannot be sponsored for a Carer visa to provide general family support.
Settled
Settled (in relation to an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen) means lawfully resident in Australia for a reasonable period. Under policy, the reasonable period is at least 2 years. However, when assessing whether or not a person is settled, regard is give to the facts of each case. For example, a shorter period of lawful residence may be considered for Australian citizens for sponsorship purposes if: there are compassionate and compelling circumstances; or the Australian citizen, having resided overseas for a lengthy period, has returned to Australia and wishes to sponsor family members, but may be precluded from doing so due to the 2 year policy requirement. Under policy, the reasonable period should not be reduced to less than 3 months. Temporary absence from Australia would not necessarily preclude a person from meeting the requirement to be settled. However, the person must be able to demonstrate that the absence was/is temporary and that they have maintained their residence in Australia.
Usually resident
The place that a person is usually resident is determined taking into account their physical residence (where they ordinarily eat, sleep and have a home) and the persons intention to make that place their home. Temporary absence from Australia would not necessarily preclude a person from meeting the requirement to be usually resident.
Sponsorship obligations
Sponsors of applicants for permanent visas are obliged to assist the applicant with accommodation and financial assistance as the Australian community has a general expectation that non-citizens should not become a burden on the wider community. The department will make an assessment regarding: the financial and employment standing of the sponsor and/ or partner; and the availability and adequacy of the accommodation and the sponsors ability to assist the sponsored persons financially if that were to become necessary. If the department assesses that the sponsors obligations cannot be met, then the sponsorship cannot be approved.
Sponsorship undertaking
As part of their sponsorship obligations, a sponsor must sign a sponsorship undertaking at Part L Your sponsorship undertaking. It is very important that sponsors understand that they are expected to provide adequate accommodation and financial assistance as required to meet their relatives reasonable living needs from the date of their arrival in Australia if the relatives are not in a position to support themselves and their immediate family members from their own resources. Sponsors should consider not only the Visa Application Charges, the Assurance of Support (AoS) and their sponsorship obligations, but also the ongoing longer term impact and cost of sponsoring a person to migrate and of supporting them. Sponsors should discuss the impact of sponsorship on their family and think carefully about whether they are able and willing to provide this support before they undertake the sponsorship. Sponsors should also talk to their relatives about the costs of living in Australia and work out how much assistance they might need.
Assurance of Support
An Assurance of Support (AoS) is a legal commitment by a person to repay to the Australian Government certain recoverable social security payments made by Centrelink to those covered by the assurance. An AoS is a mandatory requirement for all visas covered by this sponsorship form except for carer and temporary Contributory Parent Category visas. The AoS is a two-stage process requiring assurers to lodge an AoS form and payment of an AoS bond. An AoS bond is payable to and managed by Centrelink. Centrelink assesses and approves the assurer. The sponsor of the visa applicant is not required to act as the assurer. Generally a person who has received the full rate of any pension, benefit or allowance (other than family payments) from Centrelink during the last year will not qualify as an assurer. Another person who is an Australian citizen or permanent resident or eligible New Zealand citizen who is usually resident in Australia aged 18 years or over can act as the assurer. A joint AoS can be undertaken by up to three persons. The AoS commences when the overseas migrant first arrives in Australia (after the permanent visa is granted) or when the permanent visa is granted for an applicant applying from within Australia. The AoS period lasts for 2 years after the start date for all visas covered in this form except for permanent Contributory Parent Category visas, where it lasts for 10 years. For a full list of benefits that must be repaid to the Australian Government, please refer to the Centrelink website www.centrelink.gov.au/internet/ internet.nsf/factors/assurance_support.htm For more information about the AoS scheme, including applications and procedures, refer to Centrelinks website above or contact Centrelink on 132 850 from within Australia or 61 3 6222 3455 from outside Australia.
Assessment of the sponsors ability to fulfil the sponsorship undertaking will take place as part of the assessment of the application and sponsors may be asked to provide documentation covering: their latest income tax assessment; their current pay slips or other satisfactory evidence of alternative income; evidence of major assets, including bank or similar accounts, details of real estate/motor vehicle ownership; confirmation of liabilities, such as mortgage repayments, rent, hire purchase, credit card repayments etc; and any other evidence that may help to establish their ability to meet their undertaking. The sponsor may be asked to submit evidence of their being settled and usually resident in Australia. This information may include: the length of that residence and the amount of time spent in Australia; proof of having a settled home in Australia; ownership of a home, business or other investments, social network. Copies of documents may be provided if they are certified as true copies of the original by a Justice of the Peace, Commissioner for Declarations or a person authorised to witness statutory declarations. A Carer visa application cannot be accepted by the department unless the application includes the required certificate from Medibank Health Solutions, or a letter from Medibank Health Solutions is submitted acknowledging that the medical assessment has commenced. Please read booklet 4, Other Family Migration for full details.
Exempt persons
The following people do not have to be a registered migration agent in order to provide immigration assistance, but they must not charge a fee for their service: a close family member (spouse, de facto partner, child, parent, brother or sister); a member of parliament or their staff; an official whose duties include providing immigration assistance (eg. a Legal Aid provider); a member of a diplomatic mission, consular post or international organisation.
Immigration assistance
A person gives immigration assistance to you if he or she uses, or claims to use, his or her knowledge or experience in migration procedure to assist you with your visa application, request for ministerial intervention, cancellation review application, sponsorship or nomination. In Australia a person may only lawfully give immigration assistance if he or she is a registered migration agent or is exempt from being registered. Only registered migration agents may receive a fee or reward for providing immigration assistance. If an unregistered person in Australia, who is not exempt from registration, gives you immigration assistance they are committing a criminal offence and may be prosecuted.
Home page www.immi.gov.au General Telephone 131 881 during business hours enquiry line in Australia to speak to an operator (recorded
information available outside these hours). If you are outside Australia, please contact your nearest Australian mission.
Form
40
Please use a pen, and write neatly in English using BLOCK LETTERS. Tick where applicable
How many people are you sponsoring in this application? Adults Children
Relationship status of your relative (tick more than one if appropriate) Married Engaged De facto Separated Divorced Widowed Never married or been in a de facto relationship
For what visa is the applicant applying? Parent/Contributory Parent What is their relationship to you? Parent Other Please specify relationship
Aged Dependent Relative/Remaining Relative/Carer What is their relationship to you? Parent Other Please specify relationship
Given names
10 Sex
Male
DAY
Female
MONTH YEAR
11 Date of birth
POSTCODE
4 5 6
Sex
Male
DAY
Female
MONTH YEAR
POSTCODE
Address for correspondence of your relative (If the same address as in Question 6, write AS ABOVE)
POSTCODE
Part D About the person(s) you or your partner previously sponsored/nominated as a remaining relative
14 Have you or your partner previously sponsored/
nominated any person(s) for a remaining relative visa? No Yes Go to Part E Number of times
Male
DAY MONTH
Female
YEAR
Provide the following information. (If you or your partner have sponsored/nominated more than once, provide details on an additional sheet of paper and attach it to this form.) The person you or your partner sponsored/nominated Male
DAY MONTH
Female
YEAR
Female
YEAR
Male
DAY MONTH
Female
YEAR
Date of sponsorship/nomination Name of overseas post/Australian office where sponsorship/nomination was made
Male
DAY MONTH
Female
YEAR
Was the visa granted to the person you or your partner sponsored/nominated? No Yes Provide date
DAY MONTH YEAR
Male
DAY MONTH
Female
YEAR
Female
YEAR
Family name Given names Reason for change: Deed poll Marriage
(If you have been known by other names, attach a page giving the required details)
18 Sex
Male
DAY
Female
MONTH YEAR
19 Date of birth
POSTCODE
20 Country of birth
(If your residential address is not in Australia, please attach a statement at the end of this form on how you will meet your sponsorship obligations)
21 Citizenship(s)
( (
Give details
COUNTRY CODE ( ) ( AREA CODE ) NUMBER
E-mail address
DAY
MONTH
YEAR
32 Your occupation
38 Have you lived in any other town or city over the last 2 years other than
the one you are living in now? No Yes Provide details
POSTCODE DAY MONTH YEAR DAY MONTH YEAR
From 2. Employer
DAY MONTH YEAR
to
1. City/town From
DAY MONTH YEAR
to
POSTCODE DAY MONTH YEAR DAY MONTH YEAR
From
to
2. City/town From to
39 Relationship status
Married Engaged De facto Separated Divorced Widowed Never married or been in a de facto relationship
to to to
Female
MONTH YEAR
Date of birth Partners country of birth Countries of which your partner is a citizen
From 2. Employer
DAY MONTH YEAR
to
DAY
MONTH
From 3. Employer
DAY MONTH YEAR
From
to
Other to to to
37 Are you currently receiving any other form of social security payment or
pension or Austudy income support payment (including any benefits received from a country outside Australia)? No Yes Provide details
49 Have you:
been convicted of a crime or offence in any country (including any conviction which is now removed from official records)? been charged with any offence that is currently awaiting legal action? been acquitted of any criminal offence or other offence on the grounds of mental illness, insanity or unsoundness of mind? been removed or deported from any country (including Australia)? Sibling left any country to avoid being removed or deported? been excluded from or asked to leave any country (including Australia)? committed, or been involved in, the commission of war crimes or crimes against humanity or human rights? been involved in any activities that would represent a risk to Australian national security? any outstanding debts to the Australian Government or any public authority in Australia? been involved in any activity, or been convicted of any offence, relating to the illegal movement of people to any country (including Australia)? served in a military force or state sponsored/private militia, undergone any military/paramilitary training, or been trained in weapons/explosives use (however described)?
No No
Yes Yes
43 How many bedrooms does the dwelling have? 44 How many people live in the dwelling? 45 What is the relationship of these people to you?
Child Parent Other Spouse De facto partner Specify
No No No No
46 Is the dwelling
Rented Other Being purchased Specify Owned
No
Yes
No
Yes
47 If your relatives are approved for migration and you need to help
them with accommodation when they arrive in Australia, will they live with you? No Yes What accommodation do you propose for your sponsored relatives?
No
Yes
No
Yes
No
Yes
If you answered Yes to any of the above questions, you must give ALL relevant details. If the matter relates to a criminal conviction, please give the nature of the offence, full details of sentence and dates of any period of imprisonment or other detention.
50 In which countries have you lived for 12 months or more during the last 10 years?
Country
FROM TO FROM TO FROM TO FROM TO FROM TO FROM TO FROM TO FROM TO FROM TO
51 Have you ever had or currently have tuberculosis or any other serious disease (including mental illness), condition or disability?
No Yes Is the disease, condition or disability one that requires or is likely to require medical, hospital or special care? No Yes Give ALL relevant details
POSTCODE
55 Did you pay the person/agent and/or give a gift for this assistance?
No Yes
57 I agree:
to provide information and advice to help my relatives settle in Australia; to ensure that adequate accommodation is available for my relatives in Australia or, if necessary, to provide accommodation for up to 2 years from arrival in Australia or the date of visa grant if applying in Australia; to provide financial assistance as required to meet their reasonable living needs for up to 2 years from arrival in Australia, or the date of visa grant if applying in Australia, if necessary; to provide financial assistance as required to meet their health, medical and pharmaceutical needs; I am aware that for Parent category the above financial support may be required from me for parents to assist them with living expenses, accommodation, health, medical and pharmaceutical needs during the period that their visa is being processed or queued; to provide support as required to enable them to attend appropriate English language courses; I agree to attend an interview (if requested by the department) in relation to my relatives application; I will inform the department in writing if I withdraw my support for my relative before this application is finalised; and I am aware that all migrants to Australia are not eligible for an Australian aged or disability pension until they have been a permanent resident for 10 years. I am aware that any person who provides false or misleading information or who deceives or misleads or who presents a forged document to an Australian Government official may be prosecuted. I am aware that if false or incorrect information is given on this form, the application of the person(s) I am sponsoring may be refused and/or any visa granted to that person may be liable to cancellation. I authorise Centrelink to give information about me, relevant to my offer to provide this sponsorship, to the department. I authorise the department to obtain information relevant to my offer to provide this sponsorship from other government agencies or organisations. The agencies/organisations may include: federal, state or territory government agencies; federal, state or territory law enforcement agencies; state or territory housing authorities (including private landlords); local government authorities; financial institutions; educational institutions; private businesses (including telecommunication and internet service providers, insurance companies); and any other relevant businesses or agencies. I declare that the information I have supplied in this form is complete, correct and up-to-date in every detail. Signature of sponsor
DAY MONTH YEAR
Date
We strongly advise that you keep a copy of your application and all attachments for your records.
Date