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The AoS period starts on the day the person is granted the visa, or on the day they enter Australia, whichever occurs later.
The duration of the AoS depends on the visa subclass. In the case of contributory parent visas (subclass 143 and subclass 864), the AoS periods ends 10 years after the day the person is granted the visa, or 10 years after the day the person enters Australia, whichever occurs later.
For all other visas, the AoS period ends 2 years after the day the person is granted the visa, or 2 years after the day the person enters Australia, whichever occurs later.
Note: There are some circumstances where a person is granted a temporary visa before being granted a permanent visa. An example of this is a 309 Spouse/Partner (Provisional) visa which is usually granted before a 100 Spouse/Partner (Permanent) visa. Both the 309 and 100 visas have a discretionary AoS. In these circumstances, if an AoS is already in place for the 309 Spouse/Partner (Provisional) visa, a second AoS is not required for the 100 Spouse/Partner (Permanent) visa.
There are also situations where a person is granted a visa which has an AoS requirement but is subsequently granted another visa with no AoS requirement. An example of this may be a person who is granted a 309 Spouse/Partner (Provisional) visa and then applies for and is granted a 134 Skill Matching visa, which has no AoS requirement. In this situation, the AoS does not cease simply because the person is granted a new visa which does not have an AoS requirement. There are, however, some specific situations where an AoS can be cancelled (see 9.4.6.10).
Death of an assurer/assuree
There may be instances where an assurer passes away during the AoS period. In these cases, the AoS period ends at the death of the assurer. However, any social security debts, which accrued while the assurer was still alive is a recoverable payment owed to the Commonwealth. Such debts can be recovered through the assurer's estate through the normal debt recovery procedures.
There may also be cases where an assuree dies. In these instances the AoS period ends at the death of the assuree. The bond amount should be released to the assurer and any social security amounts owing to the Commonwealth should be deducted.
Act reference: SSAct section 1061ZZGF When an accepted assurance is in force
Policy reference: SS Guide 1.1.A.310 Assuree, assurer, assurance of support, assurance of support security
This section contains the following topic:
9.4.6.10 Cancellation of an AoS
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Last reviewed: 7 December 2009
