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).