(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));
Division 1.4B—Limitation on certain sponsorships under Division 1.4
1.20J Limitation on approval of sponsorships—spouse, partner, prospective marriage and interdependency visas
(1AA) This regulation applies in relation to an application for:
(b) a Partner (Provisional) (Class UF) visa; or
(c) a Prospective Marriage (Temporary) (Class TO) visa; or
(e) an Extended Eligibility (Temporary) (Class TK) visa; or
(f) a Partner (Temporary) (Class UK) visa.
(1) Subject to subregulations (2) and (3), if a person applies for a visa mentioned in subregulation (1AA) as the spouse, de facto partner or prospective spouse of the sponsor, the Minister must not approve the sponsorship of the applicant unless the Minister is satisfied that:
(a) not more than 1 other person has been granted a relevant permission as:
(i) the spouse, de facto partner or prospective spouse of the sponsor on the basis of a sponsorship or nomination; or
(ii) a person who ceased a relationship of a kind mentioned in subparagraph (i) with the sponsor after the person, or another person mentioned in the prescribed criteria for the visa, had experienced family violence committed by the sponsor; and
(b) if another person has been granted a relevant permission in the circumstances referred to in paragraph (a)—not less than 5 years has passed since the date of making the application for that relevant permission; and
(c) if the sponsor was granted a relevant permission as the spouse, de facto partner or prospective spouse of another person on the basis of a sponsorship or nomination—not less than 5 years has passed since the date of making the application for that relevant permission.
(1A) In subregulation (1):
relevant permission means:
(a) in relation to an application for a visa referred to in subregulation (1AA) made during the period from 1 November 1996 to 30 June 1997 (inclusive)—a visa; and
(b) in relation to an application for a visa referred to in subregulation (1AA) made on or after 1 July 1997—permission (other than a visa or entry permit) granted under the Act to remain indefinitely in Australia, a visa or an entry permit.
(2) Despite subregulation (1), the Minister may approve the sponsorship of an applicant for a visa if the Minister is satisfied that there are compelling circumstances affecting the sponsor.
1.20K Limitation on sponsorships—remaining relative visas
(1) The Minister must not grant a Subclass 115 (Remaining Relative) visa or a Subclass 835 (Remaining Relative) visa to an applicant if the applicant is sponsored for the visa by a person:
(a) who is an Australian relative for the applicant; and
(b) to whom the Minister has granted any of the following:
(i) a Subclass 104 visa;
(ii) a Subclass 115 (Remaining Relative) visa;
(iii) a Subclass 806 visa;
(iv) a Subclass 835 (Remaining Relative) visa.
(2) The Minister must not grant a Subclass 115 (Remaining Relative) visa or a Subclass 835 (Remaining Relative) visa to an applicant if the applicant is sponsored for the visa by a person:
(a) who is an Australian relative for the applicant; and
(b) who has sponsored another applicant for any of the following:
(i) a Subclass 104 visa;
(ii) a Subclass 115 (Remaining Relative) visa;
(iii) a Subclass 806 visa;
(iv) a Subclass 835 (Remaining Relative) visa; and
(c) the Minister granted the visa to the other applicant.
(3) The Minister must not grant a Subclass 115 (Remaining Relative) visa or a Subclass 835 (Remaining Relative) visa to an applicant if:
(a) the applicant is sponsored for the visa by a person who is the spouse or de facto partner of an Australian relative for the applicant; and
(b) the Australian relative for the applicant is a person to whom the Minister has granted any of the following:
(i) a Subclass 104 visa;
(ii) a Subclass 115 (Remaining Relative) visa;
(iii) a Subclass 806 visa;
(iv) a Subclass 835 (Remaining Relative) visa.
(4) The Minister must not grant a Subclass 115 (Remaining Relative) visa or a Subclass 835 (Remaining Relative) visa to an applicant if:
(a) the applicant is sponsored for the visa by a person who is the spouse or de facto partner of an Australian relative for the applicant; and
(b) the Australian relative for the applicant has sponsored another applicant for any of the following:
(i) a Subclass 104 visa;
(ii) a Subclass 115 (Remaining Relative) visa;
(iii) a Subclass 806 visa;
(iv) a Subclass 835 (Remaining Relative) visa; and
(c) the Minister granted the visa to the other applicant.
(5) The Minister must not grant a Subclass 115 (Remaining Relative) visa or a Subclass 835 (Remaining Relative) visa to an applicant if:
(a) the applicant is sponsored for the visa by the spouse or de facto partner of an Australian relative for the applicant; and
(b) the spouse or de facto partner has sponsored another applicant who is a relative of the Australian relative for the applicant for any of the following:
(i) a Subclass 104 visa;
(ii) a Subclass 115 (Remaining Relative) visa;
(iii) a Subclass 806 visa;
(iv) a Subclass 835 (Remaining Relative) visa; and
(c) the Minister granted the visa to the other applicant.
(6) In this regulation:
Subclass 104 visa means a Subclass 104 (Preferential Family) visa that could have been granted by the Minister under these Regulations, as in force immediately before 1 November 1999.
Subclass 806 visa means a Subclass 806 (Family) visa that could have been granted by the Minister under these Regulations, as in force immediately before 1 November 1999.
1.20KA Limitation on approval of sponsorship—partner (provisional or temporary) or prospective marriage (temporary) visas
(1) This regulation applies if:
(a) a person is granted a specified visa on or after 1 July 2009; and
(b) the person seeks approval to sponsor the relevant applicant on or after 1 July 2009; and
(c) the person was the spouse or de facto partner of the relevant applicant on or before the day the specified visa was granted to the person.
(2) The Minister must not approve sponsorship by the person of the relevant applicant within 5 years after the day when the person was granted the specified visa.
(3) Despite subregulation (2), the Minister may approve sponsorship by the person of the relevant applicant:
(a) if the relevant applicant had compelling reasons, other than reasons related to his or her financial circumstances, for not applying for a specified visa at the same time as the person applied for his or her specified visa; or
(b) if:
(i) the relevant applicant applied for a specified visa at the same time as the sponsor; and
(ii) the relevant applicant withdrew the application for the specified visa before it was granted; and
(iii) the relevant applicant had compelling reasons, other than reasons related to his or her financial circumstances, for withdrawing the application for the specified visa.
(4) In this regulation:
relevant applicant means the applicant for:
(a) a Partner (Provisional) (Class UF) visa; or
(b) a Partner (Temporary) (Class UK) visa; or
(c) a Prospective Marriage (Temporary) (Class TO) visa.
specified visa means:
(a) a Subclass 143 (Contributory Parent) visa; or
(b) a Subclass 864 (Contributory Aged Parent) visa.
1.20KB Limitation on approval of sponsorship—child, partner and prospective marriage visas
(1) This regulation applies in relation to:
(a) an application for any of the following visas:
(i) a Child (Migrant) (Class AH) visa;
(ii) a Child (Residence) (Class BT) visa;
(iii) an Extended Eligibility (Temporary) (Class TK) visa;
(iv) a Partner (Temporary) (Class UK) visa;
(v) a Prospective Marriage (Temporary) (Class TO) visa;
(vi) a Partner (Provisional) (Class UF) visa;
if the primary applicant or secondary applicant is under 18 at the time of the application; and
(b) an application for the approval of a sponsorship in relation to that application for a visa.
Sponsor charged with registrable offence
(2) If the sponsor has been charged with a registrable offence, the Minister must refuse to approve the sponsorship of all of the applicants for the visa unless:
(a) none of the applicants is under 18 at the time of the decision on the application for approval of the sponsorship; or
(b) the charge has been withdrawn, dismissed or otherwise disposed of without the recording of a conviction.
Sponsor convicted of registrable offence
(3) Subject to subregulations (4) and (5), if the sponsor has been convicted of a registrable offence, the Minister must refuse to approve the sponsorship of all of the applicants for the visa unless:
(a) none of the applicants is under 18 at the time of the decision on the application for approval of the sponsorship; or
(b) the conviction has been quashed or otherwise set aside.
(4) Despite subregulation (3), the Minister may decide to approve the sponsorship if:
(a) the sponsor completed the sentence imposed for the registrable offence (including any period of release under recognisance, parole, or licence) more than 5 years before the date of the application for approval of the sponsorship; and
(b) the sponsor has not been charged with a registrable offence since the sponsor completed that sentence; and
(c) there are compelling circumstances affecting the sponsor or the applicant.
(5) Despite subregulation (3), the Minister may decide to approve the sponsorship if:
(a) the sponsor completed the sentence imposed for the registrable offence (including any period of release under recognisance, parole, or licence) more than 5 years before the date of the application for approval of the sponsorship; and
(b) if the sponsor has been charged with a registrable offence since the sponsor completed that sentence—the charge has been withdrawn, dismissed or otherwise disposed of without the recording of a conviction; and
(c) there are compelling circumstances affecting the sponsor or the applicant.
(6) Subregulations (7) to (10) do not apply in relation to an application for any of the following visas:
(a) a Partner (Temporary) (Class UK) visa;
(b) a Prospective Marriage (Temporary) (Class TO) visa;
(c) a Partner (Provisional) (Class UF) visa.
Spouse or de facto partner charged with registrable offence
(7) If the spouse or de facto partner of the sponsor has been charged with a registrable offence, the Minister must refuse to approve the sponsorship of all of the applicants for the visa unless:
(a) none of the applicants is under 18 at the time of the decision on the application for approval of the sponsorship; or
(b) the charge has been withdrawn, dismissed or otherwise disposed of without the recording of a conviction.
Spouse or de facto partner convicted of registrable offence
(8) Subject to subregulations (9) and (10), if the spouse or de facto partner of the sponsor has been convicted of a registrable offence, the Minister must refuse to approve the sponsorship of all of the applicants for the visa unless:
(a) none of the applicants is under 18 at the time of the decision on the application for approval of the sponsorship; or
(b) the conviction has been quashed or otherwise set aside.
(9) Despite subregulation (8), the Minister may decide to approve the sponsorship if:
(a) the spouse or de facto partner completed the sentence imposed for the registrable offence (including any period of release under recognisance, parole, or licence) more than 5 years before the date of the application for approval of the sponsorship; and
(b) the spouse or de facto partner has not been charged with a registrable offence since the sponsor completed that sentence; and
(c) there are compelling circumstances affecting the sponsor or the applicant.
(10) Despite subregulation (8), the Minister may decide to approve the sponsorship if:
(a) the spouse or de facto partner completed the sentence imposed for the registrable offence (including any period of release under recognisance, parole, or licence) more than 5 years before the date of the application for approval of the sponsorship; and
(b) if the spouse or de facto partner has been charged with a registrable offence since the spouse or de facto partner completed that sentence—the charge has been withdrawn, dismissed or otherwise disposed of without the recording of a conviction; and
(c) there are compelling circumstances affecting the sponsor or the applicant.
Evidence of charge or conviction
(11) To determine whether a sponsor, or the spouse or de facto partner of a sponsor, has been charged with, or convicted of, a registrable offence, the Minister may request the sponsor, or the spouse or de facto partner of the sponsor, to provide a police check from:
(a) a jurisdiction in Australia specified in the request; or
(b) a country, specified in the request, in which the sponsor or the spouse or de facto partner has lived for a period, or a total period, of at least 12 months.
(12) In addition to other reasons set out in this regulation for refusing to approve a sponsorship, the Minister may refuse to approve the sponsorship of all applicants for a visa if:
(a) the Minister has requested a police check for the sponsor or the sponsor’s spouse or de facto partner; and
(b) the sponsor or the sponsor’s spouse or de facto partner does not provide the police check within a reasonable time.
(13) In this regulation:
primary applicant, for a visa, means the applicant seeking to satisfy the primary criteria for the visa.
registrable offence means any of the following:
(a) an offence that is a registrable offence within the meaning of any of the following Acts:
(i) the Child Protection (Offenders Registration) Act 2000 (NSW);
(ii) the Sex Offenders Registration Act 2004 (Vic);
(iii) the Child Sex Offenders Registration Act 2006 (SA);
(iv) the Crimes (Child Sex Offenders) Act 2005 (ACT);
(b) an offence that would be a registrable offence under paragraph (a) if it were committed in a jurisdiction mentioned in that paragraph;
(c) an offence that is a reportable offence within the meaning of any of the following Acts:
(i) the Child Protection (Offender Reporting) Act 2004 (Qld);
(ii) the Community Protection (Offender Reporting) Act 2004 (WA);
(iii) the Community Protection (Offender Reporting) Act 2005 (Tas);
(iv) the Child Protection (Offender Reporting and Registration) Act 2004 (NT);