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Activation, cancellation, transfer and expiry of an Assurance of Support (AoS) case 005-03050010



Level 2 Policy Helpdesk

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AoS case status codes in Process Direct and explanation

Item

Detail

NAP

New application

HLD

On hold

BON

Bonded (bank guarantee/term deposit details to be lodged)

QMA

Quality Management Assessment

CLO

Closed

ACC

Accepted

REJ

Rejected

CUR

Current

EXP

Expired

CAN

Cancelled

Discretionary AoS cancellation reasons

Discretionary AoS cancellation reason

Evidence

Notes

The incapacity of an assuree identified in an AoS to travel to Australia before the expiration date of a visa due to a deteriorating serious medical condition

Medical certificate issued by a registered medical practitioner supported by medical evidence the condition will not improve and is likely to deteriorate

If a bond is involved, consider asking the assurer(s) if they would agree, to a partial or full release of the bond, leaving the AoS until its expiry. (This protects Commonwealth outlays in the event the assuree does not return to Australia)

Special circumstances exist, such as an accident, disability, illness or other circumstances that has critically affected the assurer(s) ability to provide adequate support

Third party verification of the special circumstance and evidence of how the circumstances has critically affected the ability of the assurer to provide adequate support. (For example, a medical certificate and evidence of spending on assuree)

Neither a break down in a relationship (except family and domestic violence as determined by a social worker):

  • between the assurer and their ex-partner, or
  • between joint assurer(s), or
  • between the assurer and assuree

or financial hardship on the part of the assurer is a reason a transfer should he considered, unless the transfer will have a better chance of protecting government outlays.

Scenario:

An assurer assured his then wife's parents, as the wife was a student at the time of the claim and could not meet the income test. Four years into the AoS, the couple separated, the wife had graduated and is employed. The assurer asked if the AoS for his in-laws could be transferred from himself to his ex-partner.

Result:

The break down in the relationship is not a special circumstance, but as the AoS had 6 years remaining, it is more likely monies would be recovered from an adult child of the assurees than that of a separated in-law. This transfer will have a better chance of protecting government outlays

Examples of offshore and onshore visas

Item

Examples

1

Example of offshore visa

  • AoS application lodged on 1 April 2019
  • AoS application accepted on 1 May 2019
  • AoS was for the Non-Contributory Parent Visa Subclass 103
  • 103 visa was granted to the assuree on 1 July2019
  • Assuree arrived in Australia on 15 October 2019

To determine the AoS Start and Expiry Dates:

  • 103 visa was granted offshore, the arrival date is the AoS Start Date
  • AoS application lodged after 1 January 2019, AoS duration is 4 years
  • AoS start date is 15 October 2019
  • AoS expiry date is 14 October 2023

2

Example of onshore visa

  • AoS application lodged on 1 April 2019
  • AoS application accepted on 1 May 2019
  • AoS was for the Contributory Parent Visa Subclass 864
  • 864 visa was granted to the assuree on 1 July 2019
  • Assuree arrived in Australia on a temporary visa on 1 January 2018

To determine the AoS Start and Expiry Dates:

  • 864 visa was granted onshore, the visa grant date is the AoS Start Date
  • AoS duration for 864 visa is 10 years
  • The AoS start date is 1 July 2019
  • AoS expiry date is 30 June 2029

Example of 143 visa (can be granted onshore or offshore)

Item

Examples

1

143 visa granted onshore

  • AoS application lodged on 1 April 2019
  • AoS application accepted on 1 May .2019
  • AoS was for the Contributory Parent Visa Subclass 143
  • 143 visa was granted to the assuree on 1 July 2019
  • Assuree arrived in Australia on 15 October 2019

To determine the AoS Start and Expiry Dates:

  • 143 visa was granted offshore, the arrival date is the AoS Start Date
  • AoS duration for 143 visa is 10 years
  • The AoS start date is 15 October 2019
  • AoS expiry date is 14 October 2029

2

143 visa granted offshore

  • AoS application lodged on 1 April 2019
  • AoS application accepted on 1 May 2019
  • AoS was for the Contributory Parent Visa Subclass 143
  • 143 visa was granted to the assuree on 1 July 2019
  • Assuree arrived in Australia on a temporary visa on 1 January2018

To determine the AoS Start and Expiry Dates:

  • 143 visa was granted onshore, the visa grant date is the AoS Start Date
  • AoS duration for 143 visa is 10 years
  • The AoS start date is 1 July 2019
  • AoS expiry date is 30 June 2029

Possible reasons for a discretionary transfer

Reason

Evidence

Notes

A long-term injury or illness (individual)

Medical evidence detailing how the assurer's capacity to support the assuree(s) has been significantly and chronically impacted

For example, a broken leg for 6 weeks is unlikely to meet the definition as it is not long term or significantly impacting the long-term capability to support the assuree(s)

Family and domestic violence has been substantiated

Police reports, AVO, restraining orders, confirmation from a Centrelink social worker

It must be the assurer(s) or someone in the assurer's immediate circle (for example, a family member, neighbour, co-worker, etc.). It is the assessing officer's discretion as to what constitutes a threat to the assuree(s)

Any other reason provided by the assurer

Evidence to support the claim

Once evidence has been provided, it is recommended all cases be confirmed with the Level 2 AoS Helpdesk