Document ID: chunk:federal_register_of_legislation:F2025C00115:front:0:p36
Version: federal_register_of_legislation:F2025C00115
Segment Type: other
Provision Reference: 
Character Range: 92556–95130

for a visa of a class that may, under Schedule 1, be granted on satisfaction of the criteria for the grant of the visa, or the grant of the visa in a stream, set out in the Part of Schedule 2 that bears the number of the subclass.
Note: The criteria for the grant of the visa may include criteria described as a 'stream': see subregulation 2.03(1A).

1.08  Compelling need to work
  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
 (d) he or she:
 (i) is an applicant for a Temporary Business Entry (Class UC) visa who seeks to satisfy the criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa; and
 (ii) is identified in an approved nomination of an occupation made by:
 (A) a standard business sponsor; or
 (B) a former standard business sponsor; or
 (C) a party to a labour agreement;
  who is specified in the application for that visa; and
 (iii) appears to the Minister, on the basis of information contained in the application, to satisfy the criteria for the grant of that visa.

1.09  Criminal detention
  For the purposes of these Regulations, a person is in criminal detention if he or she is:
 (a) serving a term of imprisonment (including periodic detention) following conviction for an offence; or
 (b) in prison on remand;
but not if he or she is:
 (c) subject to a community service order; or
 (d) on parole after serving part of a term of imprisonment; or
 (e) on bail awaiting trial.

1.09A  De facto partner and de facto relationship
 (1) For subsection 5CB(3) of the Act, this regulation sets out arrangements for the purpose of determining whether 1 or more of the conditions in paragraphs 5CB(2)(a), (b), (c) and (d) of the Act exist.
Note 1: See regulation 2.03A for the prescribed criteria applicable to de facto partners.
Note 2: The effect of subsection 5CB(1) of the Act is that a person is the de facto partner of another person (whether of the same sex or a different sex) if the person is in a de facto relationship with the other person.
 Subsection 5CB(2) sets out conditions about whether a de facto relationship exists, and subsection 5CB(3) permits the regulations to make arrangements in relation to the determination of whether 1 or more of those conditions 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