« Assurance of Support requirement removed from Partner visas »

The discretionary Assurance of Support (AoS) requirement has ben removed from certain visa subclasses by the Department of Immigration and Citizenship (DIAC).

The AoS rules relate to the welfare costs of partners and dependents who come to Australia. An Australian permanent resident or citizen who is supporting a migrants application to come to Australia can provide Assurance of Support for that migrant.

This AoS is a legally binding commitment by the Australian resident/citizen to financially support the migrant so that they do not have to rely on welfare payments. Under the Migration Regulations certain visa subclasses require applicants to provide an AoS for an application to be successful.

The latest changes to the Migration Rules have removed the requirement for an AoS to be provided for Partner visa applications and came into effect on 1 January 2012. This means that anyone applying for a Partner visa from 1 January 2012 does not need to provide an AoS with their application. The change in rules also applies to any applications made before the date, but only finally determined after 1 January 2012.

The following visa subclasses have been affected by the changes detailed above:

• Partner temporary visa - subclass 309
• Partner permanent visa - subclass 100
• Partner temporary visa - subclass 820
• Partner permanent visa - subclass 801
• Prospective Marriage visa - subclass 300

The changes have been made at the same time as amendments to the Social Security Act 1991 which affect how people on Temporary Partner visas can access welfare. With effect from 1 January 2012, during the first two years in Australia on a Temporary Partner visa a migrant must prove they are in financial hardship and have experienced a substantial change in circumstances beyond their control since arrival in Australia to be eligible for welfare payments.