9.4.2 Lodging an AoS
This section describes providing an AoS and covers the following:
- who can provide an AoS
- lodging an AoS application
- AoS interviews
- lodgement of security, and
- notification of the outcome of an AoS application.
Who can provide an AoS?
Individuals, corporations (e.g. businesses, community organisations) and unincorporated bodies (e.g. community groups) can provide an AoS, provided they meet the eligibility requirements specified in 9.4.3.
Lodging an AoS application
An individual, corporation or unincorporated body who wishes to provide an AoS for a visa applicant must lodge an AoS application.
The potential assurer may be in Australia or outside Australia at the time of making the application, providing they fulfil the definition of 'Australian resident' as defined by SSAct section 7 and intend to remain so throughout the duration of the AoS period.
If the potential assurer is in Australia, the application must be lodged with Services Australia. If the potential assurer is overseas, they may lodge the AoS application at an Australian High Commission or Embassy. POI and other relevant documents that need to be lodged with the AoS application must be certified or verified by an officer of an Australian High Commission or Embassy or a Department of Home Affairs officer who is located in the relevant Australian High Commission or Embassy.
A potential assurer is required to have an interview with Services Australia. This interview may be face-to-face or by telephone. The purpose of this interview is to ensure the potential assurer is aware of and understands the following obligations and responsibilities that are to be undertaken by the assurer under the AoS:
- the financial responsibility to support the assuree/s for the duration of the AoS period (which may be 12 months, 2 years, 4 years or 10 years depending on the visa type), and
- repayment of any recoverable social security payments, which are paid to the assuree during the AoS period.
Failure of a potential assurer to attend an interview with Services Australia (whether face-to-face or by telephone) will result in the rejection of their AoS application.
Lodgement of security
If the assuree has applied for a visa with a mandatory AoS requirement, the assurer must obtain a security in the form of a bank guarantee with the CBA. The CBA will require a term deposit to the value of the security in order to issue the bank guarantee. Evidence of the bank guarantee and term deposit must be provided by the assurer to Services Australia before the AoS application can be approved. See 9.4.4 for details relating to AoS securities.
Notification of the outcome of an AoS application
Services Australia must inform the potential assurer and the Department of Home Affairs about the result of the AoS application, i.e. whether the application has been accepted or rejected.
If the application has been rejected, the potential assurer may seek a review of the decision as per normal review and appeal processes.
Rejection of the AoS application may result in the rejection of the assuree's visa application. Any request for review on the part of the potential assurer should be lodged within 14 DAYS of the decision to reject the AoS application. This is because Services Australia will notify the Department of Home Affairs about the rejection 14 days after the date on the letter advising the potential assurer of their rejection, to allow the Department of Home Affairs to finalise the visa application.
Act reference: SSAct section 7 Australian residence definitions, section 1061ZZGB Who may give an assurance of support? section 1061ZZGC How to give an assurance of support, section 1061ZZGD Accepting or rejecting an assurance of support, section 1061ZZGE Notices relating to an assurance of support