Period during which AoS remains in force increases from 2 to 4 years on 1 Jan 2019 for some visa subclasses
Summary
The Social Security (Assurances of Support) Amendment Determination 2018 (No. 2) commences on 1 January 2019 and amends the period during which assurances of support (AoS) remain in force, as follows:
- Unchanged:
- Subclass 143 (Contributory Parent) or 864 (Contributory Aged Parent): 10 years
- Community Support Programme entrant (i.e. an adult applicant for a Global Special Humanitarian Visa (subclass 202) if the visa application includes a proposal by an approved proposing organisation): 12 months
- Subclass 115 (Remaining Relative), 835 (Remaining Relative), 117 (Orphan Relative) or 837 (Orphan Relative): 2 years
- Amended:
- Any other case: increased from 2 to 4 years
Details
The period during which an AoS is in force is determined under s 1061ZZGF of the Social Security Act 1991, which provides as follows (underlining added):
1061ZZGF When an accepted assurance is in force
(1) For the purposes of this Act, an assurance of support that has been given in respect of a person identified in the assurance and has been accepted under this Chapter:
(a) comes into force in respect of the person at the later of the following times:
(i) the time at which the person becomes under the Migration Act 1958 the holder of the visa that was granted under that Act in connection with the assurance;
(ii) the time at which the person enters the migration zone (as defined in that Act) as the holder of the visa; and
(b) remains in force in respect of the person until the earliest of the following times:
(i) the end of the period specified for the purposes of this subparagraph in a determination under section 1061ZZGH;
(ii) the time (if any) determined by the Secretary under subsection (2);
(iii) if a circumstance specified for the purposes of this subparagraph in a determination under section 1061ZZGH applies in relation to the assurance—the time determined by the Secretary in relation to that circumstance.
Note: An assurance of support given in respect of 2 or more persons may be in force at different times in respect of each of those persons.
(2) The Secretary may determine that the assurance of support ceases to be in force in respect of the person at the time (which may be before the determination is made) another assurance of support comes into force in respect of the person.
(3) For the purposes of this Act, an assurance of support (as defined in section 1061ZZGA) is in force in respect of a person only for the period for which it is in force in respect of the person under subsection (1) of this section.
(4) Except as provided by paragraph (1)(b), an assurance of support that has come into force in respect of a person remains in force in respect of that person in spite of any change in circumstances whatsoever (including any purported withdrawal, however described, of the assurance).
Section 24 of the Social Security (Assurances of Support) Determination 2018 currently provides as follows:
For subparagraph 1061ZZGF(1)(b)(i) of the [Social Security Act 1991], the following periods are specified:
(a) for an assurance of support for a Contributory Parent (Migrant) (Class CA) visa or a Contributory Aged Parent (Residence) (Class DG) visa — 10 years;
(b) for an assurance of support for a Community Support Programme entrant – 12 months;
(c) in any other case — 2 years.
From 1 January 2019, s 24 of the Determination will provide as follows:
For subparagraph 1061ZZGF(1)(b)(i) of the [Social Security Act 1991], the following periods are specified:
(a) for an assurance of support for a Subclass 143 (Contributory Parent (Migrant)) (Class CA) visa or a Subclass 864 (Contributory Aged Parent (Residence)) (Class DG) visa – 10 years;
(b) for an assurance of support for a Community Support Programme entrant – 12 months;
(c) for an assurance of support for a Subclass 115 (Remaining Relative) (Class BO) visa, Subclass 835 (Remaining Relative) (Class BU) visa, Subclass 117 (Orphan Relative) (Class AH) visa or Subclass 837 (Orphan Relative) (Class BT) visa – 2 years;
(d) in any other case – 4 years.
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Sergio Zanotti Stagliorio is a Registered Migration Agent (MARN 1461003). He is the owner of Target Migration in Sydney. He can be reached at sergio@targetmigration.com.au