Understanding the Assurance of Support (AOS) Requirement
When it comes to the Parent Visa, a very integral aspect of it is something known as Assurance of Support (AoS). It is something all Parent Visa applicants will come across at least once during their application process, here is a brief overview of AoS and what it entails.
AoS Overview
AoS is not only privy to those applying for a Parent Visa. In fact, it can be required for an array of visas. In essence, an AoS is a binding agreement that states an assurer will financially support a migrating family in Australia if required. This is done in order to minimise the costs that are paid for y the Australian taxpayer. Along with this, the assurer also guarantees that they will repay any social security payments that were claimed by the applicants or the migrating family. The different kinds of payment include:
- Crisis payment
- Special benefits
- Youth allowances
- Austudy payments
- Newstart allowances
- Widow allowances
- Partner allowances
- Parenting payment
- Mature age allowances
In terms of the Parent Visa, an AoS is required to confirm that the applicant will not be required to seek financial assistance from the Australian government, as they will be supported mostly likely by a family member.
Applicants of any of the visa categories below will have to provide an AoS:
- Parent Visa (Subclass 103)
- Contributory Parent Visa (Subclass 143)
- Contributory Parent (Temporary) Visa (Subclass 173)
- Aged Parent Visa (Subclass 904)
- Contributory Aged Parent Visa (Subclass 864)
- Contributory Aged Parent (Temporary) Visa (Subclass 884)
The applicant will be informed by the Department of Home Affairs (DHA) when they are required to submit an AoS.
Usually, an AoS is provided by a family member residing in Australia. However, there are cases wherein the assurer is not the applicant’s relative. In such cases, the assurer must show sufficient taxable income in Australia to meet the government’s requirements to become an assurer. It is also possible for corporations or unincorporated bodies to provide an AoS. While an individual can only act as an assurer for 2 individuals at a time, a company can act as an assurer to an unlimited number of individuals.
Types of AoS
There are 2 types of AoS:
- Discretionary/Unbonded AoS
- Mandatory/Bonded AoS
A discretionary AoS is requested by the Department of Immigration for a number of visa categories, usually in circumstances wherein sponsorship is required for the granting of a visa (e.g. child visa). This also applies to assurers who do not have a very high income.
A mandatory AoS is required for an array of visas as well, including the Parent Visa. without an AoS in these categories, a visa will not be granted. A bond is payable for a mandatory AoS. Centrelink payments which can be claimed by the applicants or the migrating family are deducted first from the bond, and any amount that is in excess of the bond is recovered from the assurer.
Assurer and Assuree
An individual assurer must be:
- At least 18 years of age
- An Australian resident, citizen or a protected Special Category Visa holder living in Australia
- Able to provide evidence of income for the current and previous financial year:
- If an individual does not meet the income requirements, they may apply to become a joint assurer. The combined income of both assurers must satisfy the modified income test
An individual assurer may provide AoS:
- For up to 2 adults under the AoS stream
- For up to 4 adults under the Community Support Program stream
- For dependent children under the age of 18 at the AoS application lodgement date
Organizational assurers must:
- Have an Australian address
- Meet the standard financial capacity test
Both individual and organizational assurers must:
- Support their assuree/s financially and ensure that they do not have to approach Australian authorities for income support through the AoS period
- Pay back any income support that Australian authorities may have given to the assuree/s through the AoS period
Becoming an Assurer
To become an assurer, an individual will have to provide the Australian government with a bank guarantee and a term deposit through the Commonwealth Bank of Australia. This will be impacted by the kind of visa subclass an assuree is applying for.
After an assurer has lodged the AoS, they will have to provide the following details to the DHA within 28 days using the enquiry/submit documents function on the Parent Visa Processing Centre Form:
- The full name, date of birth and the Services Australia Customer Reference Number (CRN) of all assurers involved
- The place and date of lodgement of the AoS and whether this was done online or by paper.
AoS Assessments and Periods
AoS bonds are held for the duration of the AoS period. Applicants for a Permanent Contributory Parent Visa or Contributory Aged Parent Visa will have an AoS period of 10 years from:
- The date the assuree/s arrived in Australia (if they applied from Australia), or
- The date the assuree/s were granted a permanent visa (if they applied within Australia)
For other visas, the AoS period spans for up to 4 years from:
- The date the assuree/s arrived in Australia (if they applied from Australia), or
- The date the assuree/s were granted a visa (if they applied within Australia)
AoS Bond
There are different bond payment requirements for an AoS depending on the kind of visa and the assurer.
For individual assurers, the bond amounts are:
- Contributory Parent Visas (10-year AoS): AUD $10,000 for the primary visa applicant and AUD $4,000 for any adult secondary visa applicant
- Other Visas (2/4-year AoS): AUD $5,000 for the primary visa applicant and AUD $2,000 for any adult secondary visa applicant
For corporations and unincorporated bodies, the bond amounts are:
- Contributory Parent Visas (10-year AoS): AUD $20,000 (this will cover a maximum of 2 adult assurees)
- Other Visas (2/4-year AoS): AUD $10,000 (this will cover a maximum of 2 adult assurees)
Disclaimer: Kindly note that the information provided here does not constitute legal advice. This must solely be regarded as content that provides general immigration information and is not a substitute for professional legal advice that occurs between an immigration lawyer and a client.
Path Migration strongly recommends readers contact certified immigration lawyers for a holistic overview of the Australian immigration system and a detailed analysis of each case.