What is the approval of sponsors under the Migration Act for Australian visas? The Migration Act 1958 sets out the requirements for the entry and stay of people in Australia. The Act includes provisions related to the approval of sponsors for work and family-related purposes.
Sponsors play an important role in facilitating the migration process. This is because they provide support and assistance to those seeking to come to Australia. However, there are strict criteria that must be met for someone to be approved as a sponsor under the Act.
In this article, we will take a closer look at the approval of sponsors Migration Act. This article will also include the provisions for the approval of sponsors, requirements, regulations, and exceptions that are involved.
Work Sponsors vs Family Sponsors
| Work Sponsors | Family Sponsors |
| Work sponsors are individuals or businesses who sponsor a foreign worker for an employer-sponsored visa. This allows them to work in Australia for a specific employer in a specific occupation. The work sponsor must meet certain criteria. This may include being an approved sponsor by the Australian government and being able to demonstrate a genuine need for the worker. The sponsor is also responsible for ensuring that the worker complies with the visa conditions and leaves Australia when their visa expires. | Family sponsors are individuals who sponsor their family members for a family visa to come and live in Australia. This could be a spouse, parent, child, or another family member. The family sponsor must be an Australian citizen, permanent resident or an eligible New Zealand citizen. They must also meet certain criteria, such as being able to provide adequate financial support and accommodation for the family member. The sponsor is also responsible for ensuring that the family member complies with the visa conditions and leaves Australia when their visa expires. |
Section 140E: Minister to Approve Work and Family Sponsors
Section 140E of the approval of sponsors Migration Act states that the Minister must approve a person as a sponsor for work or family-related purposes. The regulations must specify the types of visas for which someone can be approved as a sponsor. Different criteria may apply depending on:
- Different kinds of visa
- Classes in relation to which a person may be approved as a work sponsor or family sponsor
- Classes of person within a class in relation to which a person may be approved as a work or family sponsor
Section 140F: Approval Process
Section 140F of the approval of sponsors Migration Act allows for the government to create a procedure for the Minister to approve someone as a sponsor for a work or family visa. The rules for this approval process can vary depending on the type of visa and the category of sponsorship.
Approval of Sponsors Migration Act: Relevant Visas
1. Skilled Work Regional (Provisional) Visa Subclass 491
The Skilled Work Regional visa 491 is a provisional visa for skilled workers who want to live and work in regional areas of Australia. To apply for this visa, the applicant must have a relevant occupation that is on the skilled occupation list. They must also be nominated by:
- An Australian state
- A territory government agency or;
- An eligible relative living in a designated regional area
The Skilled Work Regional (Provisional) visa (subclass 491) does allow for the sponsorship of certain family members. An applicant can be sponsored by an eligible relative living in a designated regional area of Australia, such as a parent, child, sibling, aunt, uncle, niece, nephew, or grandparent.
Do you want to know your visa options for including a family member in Australia? Click here to see the Department of Home Affairs’ (DHA) questionnaire for these types of cases. It’s highly recommended to seek legal advice first before deciding to include a family member.
2. Work Visas
It’s also important to outline different work visas when discussing the approval of sponsors Migration Act. In Australia, a work sponsor can be an Australian employer or a government agency. However, they must be approved to sponsor foreign workers for temporary or permanent visas.
The employer or agency must be registered with the Australian government and meet certain eligibility criteria. There are several types of work visas available for foreign workers in Australia. This may include the:
- Temporary Skill Shortage (TSS) 482 visa
- Employer Nomination Scheme (ENS) 186 visa; and
- Regional Sponsored Migration Scheme (RSMS) 187 visa
Each visa has its own requirements and eligibility criteria for the sponsoring employer or agency.
Section 140G: Terms of Approval
Section 140G of the approval of sponsors Migration Act outlines the terms of approval for work and family sponsors. To become a work sponsor or family sponsor, one must receive approval which may include specific terms and conditions. These terms and conditions must align with the regulations and can include details such as the:
- Maximum number of people that the sponsor can support; or
- The duration of the approval
The regulations can specify the exact terms that apply, which may differ depending on:
- Different kinds of visa (however described; and
- Different classes in relation to which a person may be approved as a work sponsor or family sponsor.
Section 140GA: Variations of Terms of Approval
Section 140GA of the approval of sponsors Migration Act outlines the variations of terms of approval. If the term meets certain conditions outlined in the regulations, the Minister must make the change. Different processes and criteria may apply depending on different:
- Kinds of visa (however described)
- Kinds of terms; and
- Classes in relation to which a person may be approved as a work sponsor or family sponsor
Importance of Seeking Legal Advice
It is helpful to seek legal advice when a person is looking to be approved as a work or family sponsor in Australia. By obtaining a lawyer’s legal advice, you ensure that your application is accurate and complete and that you understand your obligations as a sponsor.
Our experienced immigration lawyers from JB Solicitors can provide advice on the specific requirements for becoming a sponsor. We can also help you prepare and submit your application. Furthermore, we can also advise on any potential issues or challenges that may arise during the application process.
Immigration laws and regulations are complex and can change frequently. Seeking legal advice can help ensure that you are up-to-date with any changes that may affect your sponsorship application.
Contact us today for more information about the approval of sponsors Migration Act.
