Sponsor obligations under s.140 + sponsorship limits

Vet [SPONSOR_NAME] ([SPONSOR_STATUS]) for capacity to sponsor a [PROPOSED_VISA] visa. Sponsor obligations under s.140 Migration Act + AoS requirements + character bar.

§1 — ELIGIBILITY TO SPONSOR (150-200 words)

§A — Status:
  ▪ Australian citizen
  ▪ Permanent resident
  ▪ Eligible NZ citizen (SCV-holder who arrived before 26 Feb 2001 OR meets specific criteria)
  ▪ All sponsors must be 18+ years
  ▪ All sponsors must be settled in Australia (usually 2+ years for partner sponsorship)

§B — Prior sponsorship limits:

For Partner / Prospective Marriage:
  ▪ Sponsor may sponsor 2 partners in lifetime maximum
  ▪ Minimum 5-year gap between sponsorships (5 years from grant of previous partner sponsorship)
  ▪ Maximum 1 sponsorship within any 5-year period
  ▪ Waiver of limits on "compelling circumstances" — narrow

For [SPONSOR_NAME] with history [SPONSORSHIP_HISTORY]:
  ▪ Calculate prior sponsorship dates
  ▪ Identify any limit issue
  ▪ If limit engaged, evaluate compelling circumstances pathway

For Parent visas:
  ▪ No limit on parent sponsorships
  ▪ AoS thresholds tighten with each additional parent

§C — Settled requirement:
  ▪ For Partner: sponsor must usually be PR for 2+ years OR Australian citizen
  ▪ Recent PR grant sponsors face heightened scrutiny

§2 — CHARACTER BAR (150-200 words)

s.5CB Migration Act + Reg 1.20KC: sponsor with "registrable offences" against minors is automatically barred from sponsorship of:
  ▪ Partner visas
  ▪ Child visas
  ▪ Prospective Marriage visas

Registrable offences (varies by state but generally):
  ▪ Sexual offences against children
  ▪ Child pornography offences
  ▪ Violence against children
  ▪ Trafficking of children

For [SPONSOR_NAME] with history [CHARACTER_HISTORY]:
  ▪ Australian Federal Police National Criminal History Check
  ▪ State Police Check
  ▪ Working with Children Check (where required by state)
  ▪ Identify any registrable offence
  ▪ Identify any other character concern

If character bar engaged for partner visa:
  ▪ Sponsor cannot sponsor
  ▪ Visa cannot be granted via this sponsor
  ▪ Sometimes another family member (sister, parent of sponsor) can be the sponsor of record

Less restrictive offences (e.g. minor traffic, financial fraud >5 years old):
  ▪ Disclosure required
  ▪ DHA discretion on whether sponsor is "fit and proper"
  ▪ Can usually still proceed with character notice + waiver narrative

§3 — s.140 OBLIGATIONS (FOR EMPLOYER SPONSORS; for family this section is more limited) (100-120 words)

Family-stream sponsors take on:
  ▪ Sponsorship undertaking (signed at time of application)
  ▪ Commitment to support sponsored visa holder
  ▪ Obligation to inform DHA of relationship breakdown
  ▪ Obligation to notify of significant changes (e.g. sponsor's status change)

Partner visa specific:
  ▪ Sponsor obligations under Subclass 820/801 framework
  ▪ Domestic violence disclosure obligations
  ▪ Cooperation with DHA during 820 → 801 transition

Parent visa specific:
  ▪ AoS undertaking — 10-year obligation to repay Centrelink claims by parent
  ▪ Notification of parent's residence + financial changes

§4 — DOMESTIC VIOLENCE PROVISIONS (Reg 1.21-1.23) (100-120 words)

If sponsor commits family violence against applicant during 820 stage:

Applicant may still progress to 801 PR despite sponsor withdrawing sponsorship.

Evidence required:
  ▪ Court order (Apprehended Violence Order / Family Violence Intervention Order)
  ▪ Police report
  ▪ Medical report
  ▪ Counsellor report
  ▪ Statutory declaration

This is a vital provision for applicants in abusive relationships — they are NOT bound to remain with abusive sponsor to maintain visa pathway.

For sponsor vetting purposes: any history of family violence allegations against sponsor is a material disclosure to current applicant.

§5 — AoS-SPECIFIC INCOME THRESHOLDS (100-150 words)

For Parent visa: see au-family-contributory-parent-143-173 prompt for detail.

For Partner visa: no income test in most cases (sponsor's financial capacity assessed at relationship-genuineness level, not at threshold income).

Some Partner visa exception cases require sponsor capacity demonstration:
  ▪ Sponsor on Centrelink — may face scrutiny on capacity to maintain
  ▪ Sponsor with debt history — disclosure required
  ▪ Sponsor with insolvency history — disclosure required

§6 — INDIAN-CONTEXT SPONSOR ISSUES (100-120 words)

Common Indian-sponsor profile issues:

§A — Sponsor recently PR-granted:
  ▪ Brings concerns about quick chain-sponsorship
  ▪ Provide settled-in-Australia evidence (employment, housing, community)

§B — Sponsor on student visa:
  ▪ NOT eligible to sponsor partner/parent visa
  ▪ Sponsor must be PR/citizen first

§C — Sponsor with limited English:
  ▪ Provide translation services in any DHA interview
  ▪ Sponsor's age + community ties matter

§D — Sponsor with family in India + Australia:
  ▪ Family balance for parent visa (sponsor's siblings' location matters)

§7 — CLOSING (60-80 words)

Sponsor vet outcome:
  ▪ Eligible: [yes / no]
  ▪ Concerns: [list]
  ▪ Recommended steps before lodgement: [character checks, sponsorship-limit verification]

End with: "DRAFT SPONSOR VET — for MARN holder review. Sponsor must be vetted thoroughly BEFORE lodging visa application. Partner sponsorship limited to 2 in lifetime with 5-year gaps. Character bar applies for offences against minors. Family violence provisions protect applicants but require court-order evidence. Indian-context: confirm sponsor PR/citizenship + settled requirement before any other step."