Commonwealth Consolidated Regulations

MIGRATION REGULATIONS 1994 - REG 1.15A

  (1)   For subsection   5F(3) of the Act, this regulation sets out arrangements for the purpose of determining whether 1 or more of the conditions in paragraphs 5F(2)(a), (b), (c) and (d) of the Act exist.

  (2)   If the Minister is considering an application for:

  (a)   a Partner (Migrant) (Class BC) visa; or

  (b)   a Partner (Provisional) (Class UF) visa; or

  (c)   a Partner (Residence) (Class BS) visa; or

  (d)   a Partner (Temporary) (Class UK) visa;

the Minister must consider all of the circumstances of the relationship, including the matters set out in subregulation   (3).

  (3)   The matters for subregulation   (2) are:

  (a)   the financial aspects of the relationship, including:

  (i)   any joint ownership of real estate or other major assets; and

  (ii)   any joint liabilities; and

  (iii)   the extent of any pooling of financial resources, especially in relation to major financial commitments; and

  (iv)   whether one person in the relationship owes any legal obligation in respect of the other; and

  (v)   the basis of any sharing of day - to - day household expenses; and

  (b)   the nature of the household, including:

  (i)   any joint responsibility for the care and support of children; and

  (ii)   the living arrangements of the persons; and

  (iii)   any sharing of the responsibility for housework; and

  (c)   the social aspects of the relationship, including:

  (i)   whether the persons represent themselves to other people as being married to each other; and

  (ii)   the opinion of the persons' friends and acquaintances about the nature of the relationship; and

  (iii)   any basis on which the persons plan and undertake joint social activities; and

  (d)   the nature of the persons' commitment to each other, including:

  (i)   the duration of the relationship; and

  (ii)   the length of time during which the persons have lived together; and

  (iii)   the degree of companionship and emotional support that the persons draw from each other; and

  (iv)   whether the persons see the relationship as a long - term one.

  (4)   If the Minister is considering an application for a visa of a class other than a class mentioned in subregulation   (2), the Minister may consider any of the circumstances mentioned in subregulation   (3).