Commonwealth Consolidated Regulations

MIGRATION REGULATIONS 1994 - REG 1.08

                For the purposes of these Regulations, a non‑citizen has a compelling need to work if and only if:

                (a)    he or she is in financial hardship; or

               (b)    he or she:

                          (i)    is nominated by an employer in respect of an approved appointment (within the meaning of regulation 5.19); and

                         (ii)    appears to the Minister, on the basis of information contained in the application, to satisfy the criterion in clause 856.213 or 857.213 of Schedule 2; or

                (c)    he or she:

                          (i)    is:

                                   (A)     an applicant for a Business (Temporary) (Class TB) visa; or

                                   (B)     an applicant for an Educational (Temporary) (Class TH) visa who appears to the Minister, on the basis of information contained in the application, to satisfy the criteria for the grant of a Subclass 418 visa; or

                                   (C)     an applicant for a Medical Practitioner (Temporary) (Class UE) visa; or

                                   (D)     an applicant for a Temporary Business Entry (Class UC) visa who seeks a visa to remain in Australia (whether or not also a visa to travel to and enter Australia) for a period, or periods, of 3 months or more; and

                         (ii)    has been sponsored by an employer in relation to that application; and

                         (iii)    appears, on the basis of that application, to satisfy the criteria for that visa.