Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 2.03A

Criteria applicable to de facto partners

  (1)   In addition to the criteria prescribed by regulations   2.03 and 2.03AA, if a person claims to be in a   de   facto   relationship for the purposes of a visa application, the criteria in subregulations (2) and (3) are prescribed.

  (2)   If a person mentioned in subregulation   (1) applies for a visa:

  (a)   the applicant is at least 18; and

  (b)   the person with whom the applicant claims to be in a   de   facto   relationship is at least 18.

  (3)   Subject to subregulations (4) and (5), if:

  (a)   a person mentioned in subregulation   (1) applies for:

  (i)   a permanent visa; or

  (ii)   a Business Skills (Provisional) (Class UR) visa; or

  (iia)   a Business Skills (Provisional) (Class EB) visa; or

  (iib)   a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa; or

  (iii)   a Student (Temporary) (Class TU) visa; or

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

  (v)   a Partner (Temporary) (Class UK) visa; or

  (vi)   a General Skilled Migration visa; and

  (b)   the applicant cannot establish compelling and compassionate circumstances for the grant of the visa;

the Minister must be satisfied that the applicant has been in the   de   facto   relationship for at least the period of 12 months ending immediately before the date of the application.

  (4)   Subregulation (3) does not apply if the applicant applies on the basis of being:

  (a)   in a   de   facto   relationship with a person who:

  (i)   is, or was, the holder of a permanent humanitarian visa; and

  (ii)   before the permanent humanitarian visa was granted, was in a   de   facto   relationship with the applicant and informed Immigration of the existence of the relationship; or

  (b)   in a   de   facto   relationship with a person who is an applicant for a permanent humanitarian visa.

  (5)   Subregulation (3) does not apply if the   de   facto   relationship is a registered relationship within the meaning of section   2E of the Acts Interpretation Act 1901 .


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