Affidavit Of Support Form Template for Australia

An Affidavit of Support Form is a legally binding document that creates a formal financial commitment between you as a sponsor and a visa applicant seeking to enter or remain in Australia. This document demonstrates your ability and willingness to provide financial support, ensuring the beneficiary will not become a burden on Australian social services during their stay.

When do you need this document?

You will need an Affidavit of Support Form when sponsoring family members for various visa categories, including partner visas, parent visas, or child visas. The document is also required for humanitarian visa applications where you are providing financial support to refugees or asylum seekers. Student visa applications may require this form if you are supporting an international student who lacks sufficient funds. Additionally, visitor visa applications for extended stays often require proof of financial support from Australian residents or citizens.

Key legal considerations

Your affidavit creates a legally enforceable obligation under Australian law, meaning you can be held financially responsible for the beneficiary's living expenses, healthcare costs, and other necessities. The financial capacity declaration must accurately reflect your income, assets, and ability to provide ongoing support without compromising your own financial stability. False statements in the affidavit constitute a serious offense under the Criminal Code Act 1995, potentially resulting in criminal charges and visa application refusal. The support obligation typically extends for a specified period, often two years for family visas, during which you must maintain the agreed level of financial assistance. Your financial circumstances will be thoroughly assessed, including employment history, bank statements, and existing financial commitments.

Legal requirements in Australia

Under the Migration Act 1958 and Migration Regulations 1994, your Affidavit of Support must be executed before an authorized witness, typically a Justice of the Peace, lawyer, or other qualified official. The document must comply with the Statutory Declarations Act 1959, including proper formatting and witness requirements. You must provide comprehensive financial documentation, including recent tax returns, bank statements, employment letters, and proof of assets to support your capacity claims. The Department of Home Affairs requires specific income thresholds that vary depending on the number of people you are supporting and the visa category. Migration agents or immigration lawyers can assist with preparation to ensure compliance with current requirements. The affidavit must be submitted within specified timeframes as part of the visa application process, and any material changes to your financial circumstances must be disclosed promptly to immigration authorities.