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Applying for Australian Visitor Visa Subclass 600 Sponsored Family Stream Pt 5

Wikis > Applying for Australian Visitor Visa Subclass 600 Sponsored Family Stream Pt 5

Background To Form 1149 To Be Completed By The Sponsor
The form is filled in conjunction with your application for Australian Visitor Visa Subclass 600 Sponsored Family Stream.
Most of the instructions on the Sponsors Form 1149 are also on the Applicants Form 1418 and were covered in the previous article. I wont repeat them here, just to fill space. If something is different or just needs emphasising, you will find it here.

  • Completed forms must be accompanied by the required Visa Application Charge or evidence that the charge has been paid.
Note: If the department has requested sponsorship in relation to a Visitor visa – Tourist stream, you will need to complete this form and lodge it directly with the processing office that has made the request.
  • The undertaking you must sign in the form states that you agree to accept all financial obligations to the Commonwealth incurred by the applicant arising out of the applicant’s stay in Australia. You are responsible for compliance by the person you are sponsoring with all conditions under which that person is allowed to enter Australia.

Note: Holders of Visitor visas – Sponsored Family stream are not permitted to work in Australia

  • As the sponsor of the visa applicant, you may be requested to arrange for the lodgement of a security bond. A security bond may be requested for each individual visa applicant, including any travelling family members of the relative included in your sponsorship. The amount of security bond is determined on a case by case basis by a delegated officer and is generally between AUD5,000 and AUD15,000 per person.
  • It should be noted, however, under the Migration Act 1958 the decision to request a security bond is at the discretion of the delegated officer. Therefore, depending on the circumstances of the individual case, the delegated officer may ask for a security bond of any amount that they see as appropriate. You will be informed in writing if a bond is requested. The request will include details of where the security should be lodged, the amount requested, and information relating to refund arrangements.
  • Note: A security bond can be provided by a person who is not the sponsor, however, they must be aged 18 years or older.
  • Your sponsorship, and any security bond requested, does not guarantee the grant of any visa. Each Visitor visa applicant must meet all visa requirements individually. The sponsorship you provide in this form is only one of the criteria which must be met by the visa applicant for a Visitor visa – Sponsored Family stream.
  • The security bond will be refunded after the visitor you have sponsored has left Australia, provided they do not breach any visa conditions
  • Visitors to Australia must comply with the conditions of their visa. As a sponsor, you are responsible for ensuring that your visitor(s) complies with their visa conditions.
  • Visitor visas granted to sponsored family visitors will require that your visitor abides by those conditions as laid out in the previous article.
  • If a visitor you have sponsored breaches any visa conditions, it may lead to cancellation of their visa and other penalties, including being detained.
  • If the visitor you have sponsored breaches any visa conditions, including if they do not depart before the expiry of the period of stay of their Visitor visa :
    • you will be ineligible to sponsor another visitor for 5 years under the same visa class, unless you can satisfy the department that your sponsored visitor breached condition 8531 due to circumstances beyond their control and those circumstances arose after their arrival in Australia; and the security bond lodged to support your sponsored visitor will normally be forfeited.
  • Proof of your relationship to the applicant must be provided with this form. For example, if you are sponsoring your sibling, you should provide a certified copy of your full birth certificate, showing details of your parents.
  • If you are also sponsoring your sibling’s spouse, you should provide a certified copy of their marriage certificate.
  • If you have changed your name since birth (for example,through marriage), you should also provide evidence of this.
  • You will also need to provide evidence of your Australian citizenship or permanent residence status. If you are an Australian citizen you will need to provide a certified copy of your citizenship certificate or, if Australian-born, a certified copy of your full birth certificate. If you are an Australian permanent resident you will need to provide a copy of your permanent residence visa.
  • If you are unsure about the documents needed please contact your nearest office of the department in Australia.
  • If you are providing copies of documents they will need to be certified as true copies of the original by a Justice of the Peace, Commissioner for Declarations or a person authorised to witness Statutory Declarations.
  • In order for this application to proceed, the visa applicant will need to authorise you, the sponsor, to receive all written communications about the visa application, and to act on behalf of the visa applicant. The department will communicate with you about the visa application and will send you any written communications relating to the visa application that would otherwise have been sent to the visa applicant. The visa applicant will be taken to have received any documents sent to you, the sponsor, as if they had been sent to the visa applicant. The exchange of information may include personal information. To authorise you to receive all communications about the application, your sponsored visitor will need to complete the sections with the headings Options for receiving written communications and Authorising a sponsor in their application form 1418.
  • As this application must be made in Australia it is worthwhile stating that anyone providing assistance for the completion of an application, must be registered with the Department Of Immigration and Citizenship
  • If an unregistered person in Australia, who is not exempt from registration, gives you immigration assistance they are committing a criminal offence and may be prosecuted.
  • The following people do not have to be a registered migration agent in order to provide immigration assistance, but they must not charge a fee for their service:
    • a close family member (spouse, de facto partner, child,
      parent, brother or sister):
    • a member of parliament or their staff:
    • an official whose duties include providing immigration assistance (eg. a Legal Aid provider):
    • a member of a diplomatic mission, consular post or international organisation
    • The Sponsor
  • To appoint a migration agent/exempt person you should complete Question 21 Options for receiving written
    communications
  • Your migration agent/exempt person should complete form 956 Advice by a migration agent/exempt person of providing immigration assistance.Form 956 is available here

  • A migration agent is someone who can:
    • advise you on the visa that may best suit you:
    • tell you the documents you need to submit with your
      application:
    • help you fill in the application and submit it:
    • communicate with the department on your behalf.
  • If you appoint a migration agent, the department will assume that your migration agent will be your authorised recipient, unless you indicate otherwise.
    • Your migration agent will be the person with whom the department will discuss your application and from whom it will seek further information when required.
    • You are not required to use a migration agent. However, if you use a migration agent, the department encourages you to use a registered migration agent. Registered agents are bound by the Migration Agents Code of Conduct, which requires them to act professionally in their clients’ lawful best interests.
    • Information on migration agents, including a list of registered migration agents, is available on the Office of the MARA website www.mara.gov.au
    • You can also access information about migration agents here
  • The department is authorised to collect information provided on this form under Part 2 of the Migration Act 1958
    ‘Control of Arrival and Presence of Non-Citizens’.
  • The information provided will be used for assessing your eligibility to sponsor a visitor and for other purposes relating to the administration of the Migration Act, for example, to assist migrants with settling in Australia, to monitor the conduct of migration agents, or for ensuring compliance with the Migration Act.
  • The information provided might also be disclosed to agencies who are authorised to receive information relating to adoption, border control, business skills, citizenship, education, health assessment, health insurance, health services, law enforcement, payment of pensions and benefits, taxation, review of decisions and regulation of migration agents.
  • If your relative does not comply with the conditions of their visa, relevant information about you may be disclosed to federal, state and territory police to assist in their location and possible detention in the event that they become an unlawful non-citizen.
  • They will become an unlawful non-citizen if their visa ceases (by cancellation for breach of condition for example)
    or expires and they do not hold another visa authorising them to remain in Australia.
  • If your relative’s application for a visitor visa has also been supported by an Australian Member of Parliament or a
    Community Leader based in Australia, information on the outcome of your relative’s application and of their compliance with visa conditions, if their visa is granted, may be provided to that person.
  • The collection, access, storage, use and disclosure by the department of the information you provide in this form is
    governed by the Privacy Act 1988 and, in particular, by the 11 Information Privacy Principles. The information form 993i Safeguarding your personal information, available from offices of the department, gives details of agencies to which your personal information might be disclosed. the department has authority under the
    Migration Act 1958 to collect a range of personal identifiers from non-citizens, including visa applicants, in certain circumstances.
  • For more detailed information you should read information form 1243i Your personal identifying information, which is available here