can you sponsor someone for an
Australian visa if you’re bankrupt? this is the question which I will be dealing
with in this video today. Nnow if you’re new here
my name is Oszkar Denes. I am an Australian immigration lawyer based here
in Queensland Australia and I would encourage you to subscribe to this
channel because I regularly update or upload rather videos that are about
Australian immigration rules, changes and so if you’re interested in immigration
you might find some of these videos, hopefully, helpful now in the description
box below I have included my contact details so if you’ve got any questions
feel free to contact me and I will try and answer your questions or just leave
a comment below and I’ll monitor those as well so a little while ago I
posted a video about sponsorships and in particular it was about who can sponsor a
partner visa applicant and following that I’ve been receiving questions about
sponsorship and one of those is what happens if you’r bankrupt can you then
sponsor someone for a visa and I’ve had one particular gentleman asking me about
this issue and he actually said that he he he rang around quite a few migration
agents and no one could actually give an adequate answer to this question and
unfortunately I have to say that this is one of those questions where it’s not
simply a yes-or-no answer so if I was retained I would have to look into the
particular circumstances of the case to be able to advise whether someone who’s
bankrupt can sponsor the visa applicant and let me explain why that’s the case.
when you sponsor someone you have to give the Commonwealth government a
sponsorship undertaking now the nature and content of that
undertaking depends on what visa the applicant is actually
applying for so for example if it comes to a partner visa the sponsorship
undertaking states that you as sponsor agree to give assistance to the
applicant to the extent that that’s necessary with financials and with
accommodation for a period of time so when you think about it what this means
is that the Department of Home Affairs when they look at the applicant and they
look at the sponsorship they will try and assess how likely is it that the
visa applicant will actually require assistance I mean the visa applicant
might have good English abilities he or she may have more than adequate finances
and the Immigration Department can also consider that it’s quite likely that the
visa applicant will have reasonably quickly find a job here in Australia
once they arrive so in other words it may be that despite the fact that you’re
bankrupt there’s actually no likely it’s actually unlikely that the visa
applicant would require assistance so your bankruptcy wouldn’t be an issue the
other option is that even though you’re bankrupt you might actually be able to
prove that you have access to funds or assets and if there is evidence to prove
that then of course nothing stops you from from providing that evidence to the
government and they may accept it so again just to recap if it’s about a
partner visa application the Immigration Department will assess how likely it is
that the visa applicant will require assistance in the future they might
conclude that the applicant does not require or won’t require assistance at
all in which case your bankruptcy is not a problem
and but even if you’re bankrupt you might be able to provide evidence that
despite your bankruptcy you do have access to funds which will enable you to
satisfy your sponsorship undertaking now contrast this situation with someone who
is applying for a visitor visa so in that case the sponsorship undertaking is
that you, ass sponsor will be responsible for all costs that the visa applicant
incurs towards the Australian Government you will be responsible to ensure that
the visa applicant complies with their with all laws in relation to their
employment and you’re also responsible to make sure that the visa applicant
complies with all their visa conditions now if you’ve got no funds or no
significant funds no access to significant assets then it will be very
very difficult for you to prove to the government that if need be you can
satisfy your sponsorship undertaking I mean how can you pay for all the costs
incurred by the visa applicant towards the government if you actually have no
funds so it’s going to be very difficult in a situation like that to to satisfy
your sponsorship undertaking and consequently to convince the immigration
minister to accept your sponsorship proposal but what can you do well one
option that is available to the Immigration Department is to actually
ask the visa applicant to lodge a bond as a condition of the visa as part of the
visa application so they can ask for $5,000 they can ask for $15,000 and in
reality they can ask for any funds they they wish the migration regulations does
not have a limit on this so really the Department of Home Affairs can ask for
whatever they whatever money they think is appropriate and they can ask the visa
applicant lodge that as a bond and that money is then there to – as a security
bond essentially so that can be used if the visa applicant doesn’t pay back
whatever costs he or she incurs to the government so if the visa applicant
has the finances to lodge that bond then that might be acceptable and in that
case your bankruptcy is not going to be a problem
just to recap on all of this just because you’re bankrupt it doesn’t mean
that you’re automatically prevented from sponsoring someone for a visa however
because of the sponsorship undertaking that you have to sign if you are
bankrupt it’s better to prepare in advance and make submissions or provide
evidence to the department for example it may be especially if it’s a partner
visa application it may be that the visa applicant has sufficient funds good
English and you can prove that it’s unlikely that he or she will need
financial assistance alternatively it may be that you’re bankrupt but in fact
you have assets were access to assets were access to funds so that despite
your bankruptcy you can still satisfy your sponsorship undertaking and finally
if it comes to a visitor visa application it may be that the
commonwealth depart commonwealth government is actually prepared to
accept a bond from the visa applicant in which case your bankruptcy is not going
to be a problem if you’ve got I hope that this was helpful but if you’ve got
any questions on this if I can help in any way please feel free to get in touch
with me and otherwise thank you for thank you for watching and I’ll see you
next time