(d) if the applicant has agreed to be the work sponsor of an applicant for, proposed applicant for, or holder of:
(i) a Subclass 402 (Training and Research) visa; or
(ia) a Subclass 403 (Temporary Work (International Relations)) visa; or
(ib) a Subclass 408 (Temporary Activity) visa; or
(ii) a Subclass 416 (Special Program) visa; or
(iii) a Subclass 488 (Superyacht Crew) visa;
the applicant has not sought to recover from another person some or all of the costs, including migration agent costs, that relate specifically to the recruitment of that applicant, proposed applicant or holder.
(4) However, the Minister may disregard a criterion referred to in subregulation (2) or (3) if the Minister considers it reasonable to do so.
Division 2.13A—Criteria for approval of family sponsor
2.60T Purpose of Division
This Division is made for the purposes of subsection 140E(1A) of the Act.
2.60U Criteria for approval as a parent sponsor
(1) If a person applies for approval as a family sponsor in relation to the parent sponsor class, the Minister must approve the applicant as a family sponsor in relation to that class if the Minister is satisfied that:
(a) the applicant is not an ineligible sponsor; and
(b) the application was made in accordance with the process referred to in regulation 2.61A; and
(c) subject to subregulations (3) and (4) of this regulation, the application specifies no more than 2 persons as persons whom the applicant intends to sponsor; and
(d) those specified persons are permitted sponsored persons in relation to the applicant; and
(e) the applicant meets the general sponsor requirements (see regulation 2.60V); and
(f) the applicant passes the income test (see regulation 2.60W); and
(g) the applicant meets the conduct requirements (see regulation 2.60X); and
(h) the applicant meets the outstanding debt requirements (see regulation 2.60Y); and
(i) if the applicant has a spouse or de facto partner—the spouse or de facto partner meets the partner requirements (see regulation 2.60Z).
Ineligible sponsor
(2) The applicant is an ineligible sponsor if:
(a) 3 or more previously sponsored parents in relation to the applicant were granted Subclass 870 (Sponsored Parent (Temporary)) visas; and
(b) at least 3 of those parents:
(i) have not left Australia since their Subclass 870 (Sponsored Parent (Temporary)) visas ceased to be in effect; and
(ii) do not hold permanent visas.
One previously sponsored parent in Australia
(3) If:
(a) one or more previously sponsored parents in relation to the applicant were granted a Subclass 870 (Sponsored Parent (Temporary)) visa; and
(b) that parent or one of those parents:
(i) has not left Australia since their Subclass 870 (Sponsored Parent (Temporary)) visa ceased to be in effect; and
(ii) does not hold a permanent visa;
the application must not specify 2 persons as persons whom the applicant intends to sponsor unless one of those specified persons is the parent referred to in paragraph (b).
Two previously sponsored parents in Australia
(4) If:
(a) 2 or more previously sponsored parents in relation to the applicant were granted Subclass 870 (Sponsored Parent (Temporary)) visas; and
(b) 2 of those parents:
(i) have not left Australia since their Subclass 870 (Sponsored Parent (Temporary)) visas ceased to be in effect; and
(ii) do not hold permanent visas;
the application must not specify persons as persons whom the applicant intends to sponsor unless those specified persons are one or both of the parents referred to in paragraph (b).
2.60V When an applicant meets the general sponsor requirements
An applicant for approval as a family sponsor in relation to the parent sponsor class meets the general sponsor requirements if:
(a) the applicant is at least 18; and
(b) the applicant has satisfied the Minister as to the applicant’s identity; and
(c) the applicant is an Australian citizen or all of the following apply:
(i) the applicant is an Australian permanent resident or an eligible New Zealand citizen;
(ii) the applicant has been usually resident in Australia for at least the 4 years immediately before the day the application is made;
(iii) at no time during those 4 years has the applicant been an unlawful non‑citizen or the holder of a bridging visa (other than a Bridging A (Class WA), Bridging B (Class WB) or Bridging C (Class WC) visa); and
(d) the applicant has agreed that information about the applicant provided in relation to the application may be disclosed to any permitted sponsored person in relation to the applicant who is specified in the application.
2.60W When an applicant passes the income test
Applicant’s taxable income only
(1) An applicant for approval as a family sponsor in relation to the parent sponsor class passes the income test if the applicant’s taxable income, for the income year or each of the income years specified in an instrument under subregulation (4), is at least equal to the amount specified in such an instrument.
Applicant’s taxable income combined with other taxable incomes
(2) An applicant for approval as a family sponsor in relation to the parent sponsor class passes the income test if:
(a) the sum of:
(i) the taxable income of the applicant; and
(ii) any taxable income of either or both of the persons specified in subregulation (3);
for the income year or each of the income years specified in an instrument under subregulation (4), is at least equal to the amount specified in such an instrument; and
(b) the taxable income of the applicant, for that year or each of those years, is at least equal to half of that amount.
(3) The following persons are specified for the purposes of subparagraph (2)(a)(ii):
(a) the spouse or de facto partner of the applicant;
(b) one child of a permitted sponsored person in relation to the applicant if:
(i) that permitted sponsored person is specified in the application; and
(ii) that child is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
Specified amounts and years
(4) The Minister may, by legislative instrument, specify:
(a) an amount or amounts for the purposes of subregulations (1) and (2); and
(b) an income year or income years for the purposes of subregulations (1) and (2).
Definitions
(5) In this regulation:
income year has the meaning given by the Income Tax Assessment Act 1997.
taxable income has the meaning given by the Income Tax Assessment Act 1997.
2.60X When an applicant meets the conduct requirements
(1) An applicant for approval as a family sponsor in relation to the parent sponsor class meets the conduct requirements if:
(a) either:
(i) the applicant complies with subregulation (2); or
(ii) it is reasonable to disregard the applicant’s failure to do so; and
(b) either:
(i) there is no adverse information known to Immigration about the applicant or a person associated with the applicant; or
(ii) it is reasonable to disregard any such information; and
(c) in the case where the applicant has previously been a parent sponsor—either:
(i) the applicant has not failed to satisfy a sponsorship obligation under Subdivision 2.19.2 (which deals with sponsorship obligations of approved family sponsors etc.); or
(ii) it is reasonable to disregard any such failure.
(2) An applicant complies with this subregulation if:
(a) in the case where the applicant spent more than 12 months cumulatively in a foreign country since the later of the day that is 10 years before the day the application is made and the day the applicant turned 16—the applicant provides a police check relating to whether the applicant has committed any offences in the foreign country; and
(b) in the case where the applicant has spent more than 12 months cumulatively in Australia since the later of the day that is 10 years before the day the application is made and the day the applicant turned 16—the applicant provides an Australian Federal Police check.
2.60Y When a person meets the outstanding debt requirements
(1) An applicant for approval as a family sponsor in relation to the parent sponsor class meets the outstanding debt requirements if both subregulations (2) and (3) apply.
Outstanding public health debts
(2) This subregulation applies if:
(a) none of the following persons have an outstanding public health debt:
(i) the applicant;
(ii) if the applicant has a spouse or de facto partner—the spouse or de facto partner;
(iii) a permitted sponsored person in relation to the applicant who is specified in the application;
(iv) a previously sponsored parent (if any) in relation to the applicant; or
(b) both of the following apply:
(i) any one or more of the persons mentioned in paragraph (a) has an outstanding public health debt;
(ii) each such debt has been paid in full or appropriate arrangements have been made for its payment.
Outstanding debts to the Commonwealth
(3) This subregulation applies if:
(a) the applicant does not have any outstanding debts to the Commonwealth; or
(b) appropriate arrangements have been made for payment of all of the applicant’s outstanding debts to the Commonwealth.
2.60Z When a person meets the partner requirements
A person (the partner) who is the spouse or de facto partner of an applicant for approval as a family sponsor in relation to the parent sponsor class meets the partner requirements if:
(a) the partner is not a parent sponsor; and
(b) in the case where the partner has previously been a parent sponsor—either:
(i) the partner has not failed to satisfy a sponsorship obligation under Subdivision 2.19.2 (which deals with the sponsorship obligations of approved family sponsors etc.); or
(ii) it is reasonable to disregard any such failure.
Division 2.14—Application for approval as a sponsor
2.61 Application for approval as a work sponsor
(1) For the purposes of subsection 140F(1) of the Act, a person may apply to the Minister for approval as a work sponsor, in relation to a class of sponsor specified in subregulation 2.58(1), in accordance with the process set out in this regulation.
Note: A person (other than a Minister) who is a party to a work agreement is an approved work sponsor and does not need to be approved as a work sponsor under subsection 140E(1) of the Act (see paragraph (b) of the definition of approved work sponsor in subsection 5(1) of the Act).
(3A) If a person makes an application for approval as a standard business sponsor or a temporary activities sponsor:
(a) the application must be made using the internet; and
(b) if the application is for approval as a standard business sponsor—the application must be made using:
(i) if, at the time the application is made, the applicant is a standard business sponsor other than an overseas business sponsor—the form specified by the Minister in a legislative instrument made for the purposes of this subparagraph; or
(ii) in any other case—the form specified by the Minister in a legislative instrument made for the purposes of this subparagraph; and
(ba) if the application is for approval as a temporary activities sponsor—the application must be made using the form specified by the Minister in a legislative instrument made for the purposes of this paragraph; and
(c) the application must be accompanied by the fee specified by the Minister in an instrument in writing for this paragraph.
(3B) For subregulation (3A):
(a) if the Minister specifies in an instrument in writing for this subregulation a different way of making an application for approval as a standard business sponsor or a temporary activities sponsor, in circumstances specified in the instrument, the application may be made in that way; and
(b) if the Minister specifies in the instrument a form for the different way of making the application, the application must be made using that form; and
(c) if the Minister specifies in the instrument a different application fee for making the application, the application must be accompanied by that fee.
Note: Subregulation (3A) relates to making applications on the internet. It may be necessary for the Minister to specify arrangements other than those in subregulation (3A) if special circumstances exist.
(4) The Minister may refund the fee for an application for approval as a standard business sponsor if:
(a) the application is made because of a mistake by Immigration; and
(b) the Minister:
(i) receives a written request for a refund from the person who paid the fee; or
(ii) considers it is reasonable in the circumstances to refund the amount to the person who paid the fee without receiving a written request for a refund.
(5) A refund under subregulation (4) must be paid to the person who paid the fee.
(6) A refund under subregulation (4) may be paid:
(a) in Australian currency; or
(b) if the fee in respect of which the refund is being paid was paid in another currency, in that other currency.
2.61A Application for approval as family sponsor
(1) For the purposes of subsection 140F(1) of the Act, a person may apply to the Minister for approval as a family sponsor, in relation to a class of sponsor specified in subregulation 2.58(2), in accordance with the process set out in this regulation.
(2) An application for approval as a family sponsor:
(a) must not be made by a person who is an approved family sponsor; and
(b) must not be made by a person at a particular time if:
(i) the person, or the spouse or de facto partner of the person, has previously made such an application; and
(ii) at that time, that application has not been finally determined; and
(c) must not be made after a day, or during a period, specified in an instrument under subregulation (4).
(3) An application for approval as a family sponsor:
(a) must be made using the internet; and
(b) must be made using the form specified in an instrument under subregulation (4); and
(c) must be accompanied by the fee specified in an instrument under subregulation (4).
(4) The Minister may, by legislative instrument, specify any or all of the following:
(a) a day, or a period, for the purposes of paragraph (2)(c);
(b) a form for the purposes of paragraph (3)(b);
(c) a fee for the purposes of paragraph (3)(c).
2.62 Notice of decision
(1) If the Minister makes a decision under subsection 140E(1) of the Act about an application for approval as a work sponsor, the Minister must give written notice of the decision to the applicant:
(a) within a reasonable period after making the decision; and
(b) by attaching a written copy of the approval or refusal; and
(c) if the decision is a refusal—by attaching a statement of reasons for the refusal.
(1A) If the Minister makes a decision under subsection 140E(1A) of the Act about an application for approval as a family sponsor, the Minister must give written notice of the decision to the applicant:
(a) within a reasonable period after making the decision; and
(b) by attaching a written copy of the decision; and
(c) if the decision is to refuse the application—by attaching a statement of reasons for the decision.
(2) The Minister may provide notification to an applicant under subregulation (1) or (1A) in an electronic form.
Division 2.15—Terms of approval of sponsorship
2.63 Temporary activities sponsor or temporary work sponsor
(1) For subsection 140G(2) of the Act, a kind of term of an approval as a temporary activities sponsor or temporary work sponsor is the duration of the approval.
(2) The duration of the approval may be specified:
(a) as a period of time; or
(b) as ending on a particular date; or
(c) as ending on the occurrence of a particular event.
2.63A Standard business sponsor
(1) For the purposes of subsection 140G(3) of the Act, the terms of an approval of a person as a standard business sponsor are prescribed in this regulation.
(2) An approval as a standard business sponsor starts:
(a) on the day on which the approval is granted; or
(b) if, immediately before the day on which the approval is granted, the person was because of an earlier approval a standard business sponsor other than an overseas business sponsor—immediately after the earlier approval ceases.
(3) However, an approval as a standard business sponsor does not start if:
(a) immediately before the day on which the approval is granted, the person was because of an earlier approval a standard business sponsor other than an overseas business sponsor; and
(b) before the time at which the approval would otherwise start, the person’s approval as a standard business sponsor is cancelled.
(4) An approval as a standard business sponsor ceases:
(a) if, immediately after the approval starts, the person is an overseas business sponsor—on the earlier of the following:
(i) the start of a later approval of the person as a standard business sponsor;
(ii) 5 years after the day on which the approval is granted; or
(b) in any other case—5 years after the day on which the approval is granted.
2.64 Professional development sponsor
(1) For subsection 140G(3) of the Act, the terms of approval as a professional development sponsor are prescribed in this regulation.
(2) An approval as a professional development sponsor has effect only in relation to:
(a) the professional development program specified in the application for approval, as varied from time to time by agreement between the professional development sponsor and the Secretary; and
(b) the professional development agreement or agreements specified in the application for approval; and
(c) the overseas employer or employers specified in the application for approval.
(3) An approval as a professional development sponsor ceases on the earlier of:
(a) 3 years after the day on which the approval is granted; and
(b) the day on which the professional development agreement specified in the application for approval ends.