1.1.A.310 Assuree, assurer, assurance of support, assurance of support security
An AoS is a legally binding commitment made by an individual, corporation or unincorporated body (the assurer) to provide financial support to a migrant (the assuree) during the AoS period. It is also a legal commitment to repay the Commonwealth certain social security payments if made to the assuree while the AoS is in force.
Act reference: SSAct section 7(2)-'Australian resident', section 23(1)-'social security payment'
Policy reference: SS Guide 9.4.1 Overview & history of the AoS scheme
Definition: AoS period
The AoS period commences on the day the assuree enters Australia as a permanent resident or is granted the relevant visa, whichever happens later.
The AoS period is:
- 12 months for Global Special Humanitarian (subclass 202) visa holders under the Community Support Program
- 2 years for Remaining Relative (subclass 115 or 835) and Orphan Relative (subclass 117 or 837) visa holders
- 4 years for Parent (subclass 103 or 804), Aged Dependent Relative (subclass 114 or 838), Child (subclass 101 or 802), Adoption (subclass 102) and Former Resident (subclass 151) visa holders
- 10 years for Contributory Parent (subclass 143) and Contributory Aged Parent (subclass 864) visa holders.
An assuree is a migrant covered by an AoS. The Department of Home Affairs determines which migrants are required to obtain an AoS as part of their visa application process.
Generally, the AoS will cover all the migrants in a particular visa application, including:
- the primary applicant - the person who is applying for the visa, and
- any secondary applicants - a person included in the primary applicant's visa application.
- Example: A dependent spouse, child or aged parent of the primary applicant.
An assurer is an individual, corporation or unincorporated body who gives an AoS for a prospective migrant. One or more individuals may act jointly as an assurer for the same assuree. Only one corporation or unincorporated body can act as an assurer for an assuree.
Policy reference: SS Guide 9.4.3 Eligibility requirements for an assurer
Definition: AoS security
The AoS security is an amount of money, lodged as a term deposit by the assurer/s with the CBA before the AoS is approved. Services Australia can use this security to recover part or all of any recoverable payment provided to an assuree during the AoS period.
The term deposit can be lodged by the assurer/s at any branch of the CBA and is held by the bank until Services Australia either:
- uses it to recover a recoverable payment made to an assuree, OR
- authorises the CBA to release it back to the assurer/s.
Not all AoS require an AoS security.
Any interest accrued on the term deposit is not part of the AoS security and will be paid to the assurer/s by the CBA regardless of whether the AoS security is recovered by Services Australia or released back to the assurer/s.