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Change of sponsor due to divorce


Fiz2018

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I’ve been happily here for 7 years. My sponsor was my son in law and the CBA bank account with the $10,000 bond is in his name. Due to his divorce from my daughter he has asked me to release him. How do I go about getting my sponsor ( and bank account) changed. Also, all addresses have changed. Who do I notify? Thanks in advance..

 

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Except in the very limited circumstances described in section 3 Release of the bond for cases finalised before 1 July 2004, only Centrelink has the authority to release an AoS bond (and all enquirers should be advised to contact Centrelink).

Generally, Centrelink is not able to release a bond before the prescribed period of time has elapsed unless the visa has been cancelled and the visa holder has not arrived in Australia. Centrelink cannot release a bond in situations where a person changes from one visa type to another (unless the new visa is a humanitarian visa) or ceases to hold the visa due to obtaining Australian citizenship, as these do not affect the continuation of the AoS period.

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  • Thanks for that. I wasn't looking to have the bond released early, just wondered if the name on the bank account could be changed if and when I get the sponsor changed to my daughter? I'm also a bit confused about the advice from Centrelink which says they write to visa holders at the end of the guarantee period because as far as I know, I have never given Centrelink an address or any other personal details like medicare number, TFN etc: when I got my visa,I had no address in Australia and since arriving I have had three different addresses
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I'm not sure but iI don't think they'd change it. It is afterall the money of the assurer (even if it was actually your money from a legal point of view it came from your ex son in law)  I'd be surprised if they could do anything but return it to the person who gave it. Whether he gives it back to you is a hope on your part, nothing to do with anyone else.

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Just because he wants to be released, he should assume they won't allow it.  So he's still responsible for your costs if needed.  Assurers need to be aware that there are very limited conditions on which their sponsorship can be cancelled:

"Once you give an assurance of support, you can’t cancel it.

This is the rule even if:

  • your assuree becomes an Australian citizen
  • your relationship with them breaks down
  • you’re in financial hardship

We may cancel the agreement if your assuree dies."

https://www.humanservices.gov.au/individuals/services/centrelink/assurance-support/you-need-know/about

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14 hours ago, Tulip1 said:

I'd be surprised if they could do anything but return it to the person who gave it. Whether he gives it back to you is a hope on your part, nothing to do with anyone else.

I think you misread the OP's post.  She doesn't want the money.  It's her son-in-law who wants it back, because her daughter is getting a divorce so naturally, it's not his responsibility any more.

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Oh yes, she does want the money! There must be some mechanism for changing the sponsor. What happens if the sponsor dies? I think I'd better contact Centrelink and see if they can suggest a way forward. Thanks anyway for your support

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2 hours ago, Fiz2018 said:

Oh yes, she does want the money! There must be some mechanism for changing the sponsor. What happens if the sponsor dies? I think I'd better contact Centrelink and see if they can suggest a way forward. Thanks anyway for your support

I'm confused.  Why do you want the money?  I thought it was your son-in-law that wanted to be released.

Edited by Marisawright
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The situation is that, as a holder of a 143 visa, I had to provide a $10,000 bond which is released after 10 years. Even though I provided the money, the bank account is in the name of my assurer who is my now ex son-in-law. He has asked to be released from his obligation. My concern is that Centrelink will release the money to him and that it won't be returned to me. However i have now found out that he can't be released. I will talk further with Centrelink about the future return of the funds

I thought it an interesting topic as it can't be the first case where the assure has had a change of mind!

Thank anyway

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9 hours ago, MaggieMay24 said:

Just because he wants to be released, he should assume they won't allow it.  So he's still responsible for your costs if needed.  Assurers need to be aware that there are very limited conditions on which their sponsorship can be cancelled:

"Once you give an assurance of support, you can’t cancel it.

This is the rule even if:

  • your assuree becomes an Australian citizen
  • your relationship with them breaks down
  • you’re in financial hardship

We may cancel the agreement if your assuree dies."

https://www.humanservices.gov.au/individuals/services/centrelink/assurance-support/you-need-know/about

 

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Thanks for this. It’s helpful for me to go back to him with the evidence. I pay the tax on the interest earned so I don’t cause him any trouble. It’s a just a fallout of his divorce from my daughter sadly

 

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4 hours ago, Fiz2018 said:

The situation is that, as a holder of a 143 visa, I had to provide a $10,000 bond which is released after 10 years. Even though I provided the money, the bank account is in the name of my assurer who is my now ex son-in-law. He has asked to be released from his obligation. My concern is that Centrelink will release the money to him and that it won't be returned to me. However i have now found out that he can't be released. I will talk further with Centrelink about the future return of the funds

I thought it an interesting topic as it can't be the first case where the assure has had a change of mind!

Thank anyway

But they probably can't have a change of mind even if they get divorced for example. If someone is a guarantor on a loan say they can't just change their mind and get out of the responsibility they signed they for.   It must be the same in the case. 

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