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Social Security (Assurances of Support) Determination 2018 (for visa applicants)

Requirements for persons to give assurances of support for visa entrants

7 Application of this Part

This Part is made for the purposes of section 1061ZZGB of the Act in relation to persons who give assurances of support for visa entrants.

8 Requirements for individuals

(1) This section specifies the requirements that must be met by an individual in order to be permitted to give an assurance of support for a visa entrant.

(2) The individual must be:

(a) an adult; and

(b) an Australian resident.

(3) The individual may not give an assurance of support for a visa entrant if:

(a) the individual has previously given an assurance for 2 visa entrants (whether in a single assurance or 2 separate assurances) and each assurance remains in force; or

(b) the individual: (i) has previously given an assurance of support for 1 visa entrant and that assurance remains in force; and (ii) has previously given an assurance of support for 1 visa entrant for whom the Secretary has not yet accepted or rejected the assurance; or

(c) the individual has previously given an assurance for 2 visa entrants (whether in a single assurance or 2 separate assurances) and the Secretary has not yet accepted or rejected either or both of those assurances. Note: There are no restrictions on the number of children for whom an individual may give an assurance of support.

(4) The individual may not give an assurance jointly with another individual or other individuals, for a visa entrant (the assured), if acceptance of the assurance would result in assurances from more than 3 individuals being in force for the assured.

9 Requirements for bodies

(1) This section specifies the requirements that must be met by a body in order to be permitted to give an assurance of support for a visa entrant.

(2) A body is not permitted to give an assurance of support for a visa entrant unless it is:

(a) a State agency;

(b) an unincorporated association; or

(c) a body corporate.

(3) A body other than a State agency must:

(a) if the body is an unincorporated association — have an address in Australia and intend to maintain an address in Australia while any assurance of support given by the body remains in force; or

(b) if the body is a body corporate — be incorporated in Australia (within the meaning of the Corporations Act 2001) and intend to remain incorporated in Australia while any assurance of support given by the body remains in force.

(4) The body may not give an assurance of support for a visa entrant if:

(a) the body has previously given an assurance for 2 visa entrants (whether in a single assurance or 2 separate assurances) and each assurance remains in force; or

(b) the body: (i) has previously given an assurance of support for 1 visa entrant and that assurance remains in force; and (ii) has previously given an assurance of support for 1 visa entrant for whom the Secretary has not yet accepted or rejected the assurance; or

(c) the body has previously given an assurance for 2 visa entrants (whether in a single assurance or 2 separate assurances) and the Secretary has not yet accepted or rejected either or both of those assurances. Note: There are no restrictions on the number of children for whom a body may give an assurance of support.

(5) The body must not give an assurance of support jointly with another body or individual.

The compilation date is 1 January 2019:

Source: Social-Security-Assurances-of-Support-Determination-2018.pdf

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