Assurance of Support (AoS) is a mandatory or discretionary requirement on certain family visas asking for legal commitment from a party for the financial support of the visa applicant (assuree) for a stipulated period (AoS period) after moving to Australia. This helps mitigate any or part of the financial burden that the migrating party may cause to the Australian health and welfare system. Whilst AoS is a DOHA requirement, the application is made to Centrelink and it is Centrelink that determines whether an AoS application is accepted or not.
Find: Centrelink – Assurance of Support
- Each AoS can cover a maximum of two migrating adults and any dependent children.
- The AoS requires an assurer, who does not need to be the sponsor.
- An assurer agrees to repay the Australian government for any welfare payments that is made to the visa holder during the required AoS period.
- There may be a need to provide a financial bond.
- The assurer must meet AoS income requirements.
- When one assurer cannot meet the income requirements, a joint AoS may be made between more than one assurer – where the sum of the involved assurers’ income satisfies the income requirement. In a joint AoS situation, each assurer must complete a separate application.
- There is a maximum of 3 joint assurers.
Mandatory AoS
The following visas will have a compulsory AoS requirement as well their AoS periods:
The AoS period commences from when the visa holder arrives in Australia if their visa was applied for outside of Australia, and commences from when the visa holder’s visa was granted if the application was made in Australia.
For the above visas, the AoS requirement need only be fulfilled before a visa grant. If you have received an AoS request, it means that you have met all the other visa requirements and your application is close to being accepted!
Discretionary AoS
For certain visas, the DOHA will decide on a case by case basis if to make an AoS request. The visas that are affected by discretionary AoS and their AoS periods are:
The AoS period commences from when the visa holder arrives in Australia if their visa was applied for outside of Australia, and commences from when the visa holder’s visa was granted if the application was made in Australia.
Case by case basis
The DOHA makes the decision on requesting for AoS based on if they believe that the applicant is likely to make health or welfare withdrawals. Some factors that are taken into consideration are:
- The applicant’s age
- The applicant’s English language proficiency, qualifications, skills and employment history/prospects
- The applicant’s eligibility for health and welfare allowances
- The sponsor’s ability to provide assistance beyond that to be provided as part of their sponsorship duties
The above factors are way of assessing if a visa applicant is more or less likely to become self sufficient or if they have a sponsor that is able to take care of their needs should they be likely to require healthcare and/or financial support.
Withdrawing an AoS request
There are only a few specific circumstances under which the DOHA may withdraw the AoS request:
- An improvement in the applicant’s or sponsor’s circumstances (based on the above factors)
- Compelling and compassionate circumstances affecting the sponsor and/or applicant
Bonds
Where mandatory AoS applies a bond is also required. The bond must be lodged with the Commonwealth Bank of Australia. The bond requirements respective to each visa type are:
Bond requirements apply to adults assurees over 18 years of age.
Bond requirements for discretionary AoS only apply when the assurer is a body. The bond amount will depend on the AoS period; being AUD$10,000 for up to~ 2 persons for a period of 2 years and AUD$20,000 for up to~ 2 persons for a period of 10 years.
~The bond amount is set for the AoS application as a whole and can cover up to 2 adult assurees. This is unlike in the case of an individual assurer who’s bond amount varies depending on the number of adult assurees under the AoS.
Release of a bond
The bond is unable to be released until the AoS period is completed unless the visa has been cancelled and the visa holder has not arrived in Australia. Centrelink will not release a bond unless the AoS is cancelled.
An AoS cannot be cancelled:
- Where the assuree is changing from one type of a visa to another.
- Where the assuree ceases to hold the visa due to obtaining their citizenship.
- If there is a breakdown in the relationship
- If the assurer is in financial hardship.
An AoS may be cancelled if:
- An assuree visa changes to a humanitarian visa
- The assuree’s visa is cancelled and the assuree has not travelled to Australia
- There is only one assuree and the assuree dies
- There is only one assurer and the assurer dies
- An accident or disability to the assurer has critically affected the assurer’s ability to provide adequate support.
An AoS does not come into force when an assuree has not travelled to Australia. The assuree may be unable to travel to to extenuating reasons such as major illness. Supporting evidence will need to be furnished for the cancellation of the AoS.
Assuring party (individual)
To be an assurer, one must :
- Be over 18 years of age
- Be an Australian citizen, Australian Permanent Resident or eligible New Zealand citizen
- Reside in Australia at the time of application
- Be able to provide proof of income that meets the income test threshold for the current and previous financial year
Cannot be an assurer
A person cannot give assurance as an individual or via joint assurance for a person if that assurance will result in the assurer being responsible to 3 assurees.
A person may not give assurance of support for a visa entrant if:
- The person has previously given assurance for two other visa entrants (whether in one AoS or in two) and each AoS is still in force (AoS period has not lapsed).
- The person has previously been an assurer for 1 visa entrant and that AoS is still in force and has also previously given assurance for another visa entrant for whom the AoS has not been finalised yet
- The person has previously given assurance for two other visa entrants (whether in one AoS or in two) and each AoS has not yet been finalised.
Assuring party (body)
- Must be either a State agency, unincorporated association or a body corporate.
- Has been in operation for at least two years.
- If an unincorporated association:
- Must have an address in Australia.
- Must operate in Australia and intend to maintain an address.
- Must operate in Australia whilst the AoS remains in force.
- If a body corporate:
- Must be incorporated in Australia
- Must intend to remain incorporated in Australia whilst the AoS remains in force
- Cannot give assurance jointly with another body or individual
Cannot be an assurer
A body cannot give assurance for a person if that assurance will result in the assurer being responsible to 3 assurees.
A body may not give assurance of support for a visa entrant if:
- The body has previously given assurance for two other visa entrants (whether in one AoS or in two) and each AoS is still in force (AoS period has not lapsed).
- The body has previously been an assurer for 1 visa entrant and that AoS is still in force and has also previously given assurance for another visa entrant for whom the AoS has not been finalised yet
- The body has previously given assurance for two other visa entrants (whether in one AoS or in two) and each AoS has not yet been finalised.
Income threshold
Each assurer must meet the income threshold for the AoS application and the income threshold is dependent on:
- Number of people in the assurer’s immediate family
- Number of adult assurees in the AoS
- Number of assurers in the AoS
A single assurer with no dependent children with a single assuree with no children would give rise to the lowest income threshold. As the number of family members increase, the income threshold that must be met increases accordingly.
How this is calculated is covered detail in our upcoming article. Stay in touch on Facebook to see when it is released!
Evidence of income
Evidence of the assurer(s) meeting the income threshold is based on assessable income. An assurer must be able to provide evidence of meeting the income threshold in the current financial year and the two financial years before that.
Documents that may be provided could include:
- Notices of Assessment
- Payslips
- Financial statements
Read: Assurance of Support (AoS): Income Requirement
Taking on the role of assurer is a big responsibility. Are you taking on this task and want to understand more or have you a loved one that you wish to bring over and you want to learn more about how to make a successful AoS application or visa application? Australian Immigration Law Services has been lodging successful family visas for 20 years now. Call +61 2 8054 2537, 0434 890 199 or book online today to speak to our migration specialists.
