Sponsoring a family member to Australia can be a complex process, especially when it involves sponsoring a family member (i.e. the Australian must become an approved sponsor).

In this comprehensive guide, we will walk you through the key aspects for sponsor family member for visa in Australia. 

Whether you are a spouse, partner, parent, or dependent child, understanding the sponsorship requirements is crucial for a successful visa application. Let’s dive into the details and simplify the process for you.

Requirements to Sponsor Family Member for Visa

When applying for a family visa in Australia, having a sponsor is often a mandatory requirement. A sponsor is a person who undertakes the responsibility of supporting the visa applicant and ensuring their well-being during their stay in Australia. 

Let’s explore requirements to move to Australia:

1. Sponsorship Form (Form 40):

The first step in the process is completing the Sponsorship Form (Form 40). This form serves as a formal undertaking by the sponsor to support the visa applicant. It must be fully completed, signed, and dated if in paper application format. The absence of a signature on the form usually does not invalidate the visa application. These days some visa application types allow the Form 40 to be completed online through Immi Account.

2. Eligibility and Obligations:

To become a sponsor, certain eligibility criteria must be met. In some instances, certain visa applications require the sponsor to have the financial capacity to meet the applicant’s needs for a specified period, usually two years. Additionally, the sponsor must provide suitable accommodation arrangements for the applicant and their accompanying family members.

3. Supporting Documentation:

To establish the relationship between the sponsor and the applicant, supporting documentation is required. This includes birth certificates (showing full names of parents), marriage certificates, death certificates, adoption certificates, family status certificates, and family books. Officially issued and maintained documents like family status certificates and family books may be accepted in lieu of other certificates. In some cases, additional birth certificates may be necessary to demonstrate the family relationship.

4. Evidence of Relationship:

Proving the relationship between the sponsor and the visa applicant is crucial. Birth certificates, marriage certificates, and adoption certificates serve as primary evidence. If official birth certificates are not available, alternate evidence such as medical records, taxation records, health insurance or social security records, wills or testaments, and departmental records may be considered. It is important to provide at least two different types of alternate evidence in place of one official birth certificate.

Changes in Circumstances:

During the visa application process, certain circumstances may change. Here are a few scenarios to consider:

1. Newborn Children:

Regulation 2.08 provides that a non-citizen newborn child is considered to be added to their parent’s undecided visa application at the time of birth. If the child is an Australian citizen or eligible for Australian citizenship, different considerations may apply. A new Sponsorship Form (Form 40) must be completed, including the newborn child’s details.

2. Adding Partners or Dependent Children:

If you need to add a spouse, de facto partner, or dependent child to your visa application, specific provisions exist. Regulation 2.08A allows for the addition of these family members to certain permanent or temporary visa applications. The appropriate forms must be completed, and the necessary documentation should be provided.

Procedures and Processes:

Understanding the procedures and processes related to sponsoring a family member is vital for a smooth visa application. 

Here are important aspects to consider:

1. Lodging Form 40:

The Form (Form 40) should be lodged simultaneously with the visa application. It must be completed by the sponsor and accompanied by all relevant supporting documentation. Failure to provide the required documentation may result in processing delays.

2. Where to Lodge Sponsorships:

The location for lodging sponsorships varies depending on the type of visa application. Online via ImmiAccount, overseas posts, the Parent Visa Centre (PVC), or Departmental State or Territory Offices (STOs) are common lodgment points. Parent visa applications usually require all documentation to be lodged at the PVC.

Sponsorship Decision Making:

The decision regarding sponsorship plays a crucial role in the visa grant or refusal process. Here are key points to understand:

1. Visa Grant or Refusal:

Sponsorship approval is part of the decision to grant or refuse the visa. If the sponsor is found to be ineligible or unable to fulfill the sponsorship undertaking, the visa applicant may not satisfy the sponsorship requirements. This can lead to a visa refusal. Full details regarding the refusal must be recorded in the decision record.

2. Merits Review:

Decisions to refuse a visa based on sponsorship can be subject to merits review.