[Update] Recently, parents applying for the SC103/143 visa have received a series of S56 additional information requests from the Department of Home Affairs, asking for proof of a Settled Sponsor.

---

MR 1994 Clause 1.03 defines a “Settled Sponsor” as a sponsor who has “resided lawfully in Australia for a reasonable period of time.”

“Lawful residence” includes the period spent on a valid temporary visa, but does not count time spent in Australia without a visa.

According to policy, there are three standards under which a sponsor can meet the “settled” requirement before the visa application is lodged.

Standard I:
If the sponsor has lawfully resided in Australia for two years (up to the date of the visa application) (excluding short trips outside Australia of no more than four months), this is typically considered a “reasonable period.” Note: Even if the sponsor is not in Australia at the time of the visa application, they can still meet this standard.

Standard II:
If the sponsor is currently in Australia, but has spent more than four months outside Australia in the two years prior to the visa application date, they must provide written evidence proving that they are currently settled in Australia.

The visa officer will assess whether the time spent in Australia during the two years before the application date is considered a “reasonable period” based on the provided documents, and whether these documents show that the sponsor is settled (e.g., Australian employment contract, Australian bank statements).

Standard III:
If the sponsor is not in Australia and has not been in Australia during the two years prior to the application date (excluding short visits of no more than four months), they must provide written evidence explaining why they do not meet the residency requirement, and show they meet the “settled” requirement.

Standard IV:
If the sponsor is an Australian citizen, the assessment of the settled definition will differ. According to policy, if the sponsor is in a compassionate and urgent situation, or if the sponsor has returned to Australia after living overseas for an extended period and wishes to sponsor their parents, the Department may consider a shorter lawful residence period (i.e., three months).