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Changes to Sponsorship Regulations for Certain Temporary Residence Visas

9 August 2008 - Legislation Change

Client summary

From 9 August 2008, the Migration Regulations 1994 ('the Regulations') are amended to:

  • make it clear that a decision on a sponsorship application is a separate decision to that on the associated visa application;
  • clarify that decision–makers, in deciding a sponsorship application, must consider the capacity of the applicant to comply with their undertakings; and
  • provide that a decision to refuse to approve sponsorship is reviewable by the Migration Review Tribunal (MRT).

The amendments apply only to the following temporary residence visas:

  • Subclass 415 (Foreign Government Agency),
  • Subclass 418 (Educational),
  • Subclass 420 (Entertainment),
  • Subclass 421 (Sport),
  • Subclass 422 (Medical Practitioner),
  • Subclass 423 (Media and Film Staff),
  • Subclass 427 (Domestic Worker – Executive) and
  • Subclass 428 (Religious Worker).

Affected legislation

The following provisions of the Regulations are amended:

Division 1.4 of Part 1 of the Regulations;
Division 4.1 of Part 4 of the Regulations; and
Parts 415, 418, 420, 421, 422, 423, 427 and 428 of Schedule 2 to the Regulations

Additional information: The effect of these amendments is to clarify in the Regulations that a decision on sponsorship is separate to the decision on the associated visa application and therefore separately reviewable by the MRT. Previously, the sponsorship assessment was only reviewable as part of a review of the visa decision.

Additionally, decision–makers will be required, when assessing an application for sponsorship, to assess the capacity of the applicant to comply with the sponsor undertakings. This does not however limit other matters that may be considered under policy.

Transitional provisions: The amendment applies in relation to an application for a visa made on or after 9 August 2008.

Forms: Changes to forms 1150 and 1263 will come into effect on 1 July 2008.

Instructions: PAM3 has been amended to reflect these changes.