Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:14:p3
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 14 (pt 3/7)
Character Range: 197150–199871

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.

2.03AA  Criteria applicable to character tests and security assessments
 (1) In addition to the criteria prescribed by regulations 2.03 and 2.03A, if a person is required to satisfy public interest criteria 4001 or 4002 for the grant of a visa, the criterion in subregulation (2) is prescribed.
 (2) If the Minister has requested the following documents or information, the person has provided the documents or information:
 (a) a statement (however described) provided by an appropriate authority in a country where the person resides, or has resided, that provides evidence about whether or not the person has a criminal history;
 (b) a completed approved form 80.
Note: For paragraph (a), an example of an appropriate authority is a police force.
 (3) The Minister may waive the requirement in paragraph (2)(a) if the Minister is satisfied that it is not reasonable for the applicant