Master prompt
Sponsor obligations under s.140 + sponsorship limits
Sponsor side of family visas: s.140 obligations, limits on repeat sponsorship, character bar, sponsor-vetting.
AustraliaSponsors.140Sponsor obligationsLimits
Vet [SPONSOR_NAME] ([SPONSOR_STATUS]) for capacity to sponsor a [PROPOSED_VISA] visa. Sponsor obligations under s.140 Migration Act + AoS requirements + character bar. §1 — ELIGIBILITY TO SPONSOR (150-200 words) §A — Status: ▪ Australian citizen ▪ Permanent resident ▪ Eligible NZ citizen (SCV-holder who arrived before 26 Feb 2001 OR meets specific criteria) ▪ All sponsors must be 18+ years ▪ All sponsors must be settled in Australia (usually 2+ years for partner sponsorship) §B — Prior sponsorship limits: For Partner / Prospective Marriage: ▪ Sponsor may sponsor 2 partners in lifetime maximum ▪ Minimum 5-year gap between sponsorships (5 years from grant of previous partner sponsorship) ▪ Maximum 1 sponsorship within any 5-year period ▪ Waiver of limits on "compelling circumstances" — narrow For [SPONSOR_NAME] with history [SPONSORSHIP_HISTORY]: ▪ Calculate prior sponsorship dates ▪ Identify any limit issue ▪ If limit engaged, evaluate compelling circumstances pathway For Parent visas: ▪ No limit on parent sponsorships ▪ AoS thresholds tighten with each additional parent §C — Settled requirement: ▪ For Partner: sponsor must usually be PR for 2+ years OR Australian citizen ▪ Recent PR grant sponsors face heightened scrutiny §2 — CHARACTER BAR (150-200 words) s.5CB Migration Act + Reg 1.20KC: sponsor with "registrable offences" against minors is automatically barred from sponsorship of: ▪ Partner visas ▪ Child visas ▪ Prospective Marriage visas Registrable offences (varies by state but generally): ▪ Sexual offences against children ▪ Child pornography offences ▪ Violence against children ▪ Trafficking of children For [SPONSOR_NAME] with history [CHARACTER_HISTORY]: ▪ Australian Federal Police National Criminal History Check ▪ State Police Check ▪ Working with Children Check (where required by state) ▪ Identify any registrable offence ▪ Identify any other character concern If character bar engaged for partner visa: ▪ Sponsor cannot sponsor ▪ Visa cannot be granted via this sponsor ▪ Sometimes another family member (sister, parent of sponsor) can be the sponsor of record Less restrictive offences (e.g. minor traffic, financial fraud >5 years old): ▪ Disclosure required ▪ DHA discretion on whether sponsor is "fit and proper" ▪ Can usually still proceed with character notice + waiver narrative §3 — s.140 OBLIGATIONS (FOR EMPLOYER SPONSORS; for family this section is more limited) (100-120 words) Family-stream sponsors take on: ▪ Sponsorship undertaking (signed at time of application) ▪ Commitment to support sponsored visa holder ▪ Obligation to inform DHA of relationship breakdown ▪ Obligation to notify of significant changes (e.g. sponsor's status change) Partner visa specific: ▪ Sponsor obligations under Subclass 820/801 framework ▪ Domestic violence disclosure obligations ▪ Cooperation with DHA during 820 → 801 transition Parent visa specific: ▪ AoS undertaking — 10-year obligation to repay Centrelink claims by parent ▪ Notification of parent's residence + financial changes §4 — DOMESTIC VIOLENCE PROVISIONS (Reg 1.21-1.23) (100-120 words) If sponsor commits family violence against applicant during 820 stage: Applicant may still progress to 801 PR despite sponsor withdrawing sponsorship. Evidence required: ▪ Court order (Apprehended Violence Order / Family Violence Intervention Order) ▪ Police report ▪ Medical report ▪ Counsellor report ▪ Statutory declaration This is a vital provision for applicants in abusive relationships — they are NOT bound to remain with abusive sponsor to maintain visa pathway. For sponsor vetting purposes: any history of family violence allegations against sponsor is a material disclosure to current applicant. §5 — AoS-SPECIFIC INCOME THRESHOLDS (100-150 words) For Parent visa: see au-family-contributory-parent-143-173 prompt for detail. For Partner visa: no income test in most cases (sponsor's financial capacity assessed at relationship-genuineness level, not at threshold income). Some Partner visa exception cases require sponsor capacity demonstration: ▪ Sponsor on Centrelink — may face scrutiny on capacity to maintain ▪ Sponsor with debt history — disclosure required ▪ Sponsor with insolvency history — disclosure required §6 — INDIAN-CONTEXT SPONSOR ISSUES (100-120 words) Common Indian-sponsor profile issues: §A — Sponsor recently PR-granted: ▪ Brings concerns about quick chain-sponsorship ▪ Provide settled-in-Australia evidence (employment, housing, community) §B — Sponsor on student visa: ▪ NOT eligible to sponsor partner/parent visa ▪ Sponsor must be PR/citizen first §C — Sponsor with limited English: ▪ Provide translation services in any DHA interview ▪ Sponsor's age + community ties matter §D — Sponsor with family in India + Australia: ▪ Family balance for parent visa (sponsor's siblings' location matters) §7 — CLOSING (60-80 words) Sponsor vet outcome: ▪ Eligible: [yes / no] ▪ Concerns: [list] ▪ Recommended steps before lodgement: [character checks, sponsorship-limit verification] End with: "DRAFT SPONSOR VET — for MARN holder review. Sponsor must be vetted thoroughly BEFORE lodging visa application. Partner sponsorship limited to 2 in lifetime with 5-year gaps. Character bar applies for offences against minors. Family violence provisions protect applicants but require court-order evidence. Indian-context: confirm sponsor PR/citizenship + settled requirement before any other step."
Unlock the vault to see the full prompt