{"id":"F2022L01332","name":"Migration (Points for Business Innovation Stream and Investor Stream of Subclass 188 Visa) Instrument (LIN 22/083) 2022","slug":"migration-points-for-business-innovation-stream-and-investor-stream-of-subclass-188-visa-instrument-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102735,"registerId":"commonwealth-F2022L01332-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (Points for Business Innovation Stream and Investor Stream of Subclass 188 Visa) Instrument (LIN 22/083) 2022","content":"![logo for Department of Home Affairs](image.001.jpeg)\n\nLIN 22/083\n\nMigration (Points for Business Innovation Stream and Investor Stream of Subclass 188 Visa) Instrument (LIN 22/083) 2022\n\nI, Andrew Giles, Minister for Immigration, Citizenship and Multicultural Affairs, under subclauses 188.222(1) and 188.242(1) of Schedule 2 to the Migration Regulations 1994 (the Regulations):\n\n(a) Specify that for subclauses 188.222(1) and 188.242(1) of Schedule 2 to the Regulations, the applicant’s score on the business innovation and investment points test must be not less than 65 points.\n\n(b) Repeal Points for Business Innovation Stream and Investor Stream of Business Innovation and Investment (Provisional) Visa (IMMI 12/041).\n\nThis instrument commences on the day after registration.\n\nDated 4 October 2022\n\nANDREW GILES\n\nMinister for Immigration, Citizenship and Multicultural Affairs","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument maintains the same scope as its predecessor (IMMI 12/041). It continues to specify the minimum points threshold for the same visa subclasses and streams. The 65-point requirement appears consistent with previous policy settings, suggesting this is largely a machinery-of-government update to replace an older legislative instrument rather than an expansion of scope."},"complexity_factors":["Very short instrument (only 2 operative provisions)","No defined terms section","Minimal cross-referencing (only references to specific subclauses of the Migration Regulations)","No conditional logic or nested exceptions","Straightforward repeal of single predecessor instrument"],"plain_english_summary":"This legislation sets the minimum score required for two specific Australian business visas. \n\n**What it does:**\n- Establishes that people applying for the **Business Innovation Stream** or **Investor Stream** of the Subclass 188 visa (a temporary business visa) must score **at least 65 points** on the business innovation and investment points test.\n- Repeals (cancels) an older instrument (IMMI 12/041) that previously set these rules.\n\n**Who it affects:**\n- People applying for Subclass 188 visas under the Business Innovation or Investor streams\n- Migration agents and lawyers assisting these applicants\n\n**Why it matters:**\nThe points test assesses factors like business experience, investment history, age, and English language skills. This instrument confirms the 65-point threshold applicants must meet to qualify for these visa streams. Without meeting this minimum, applications will be refused."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument replaces an earlier instrument (IMMI 12/041) and explicitly specifies that an applicant’s score on the business innovation and investment points test must be at least 65 points for the Business Innovation Stream and Investor Stream of the provisional Subclass 188 visa (see clauses (a) and (b)). In practical terms, the scope has changed from the prior instrument by removing the earlier instrument and fixing the qualifying score in this instrument; administrators and applicants must now apply the 65-point minimum set out here. The instrument commences the day after registration."},"complexity_factors":["Single, explicit numeric threshold (65 points) that is straightforward to state and apply (low complexity).","Narrow scope limited to two specific subclauses of Schedule 2 to the Migration Regulations 1994 (limited breadth reduces complexity).","Dependence on the underlying points-test rules and evidence requirements in the Migration Regulations and departmental practice creates some implementation complexity (calculating and verifying points).","Repeal of a prior instrument (IMMI 12/041) requires administrators and applicants to track which instrument applies (transition/administrative complexity).","The instrument delegates substantive assessment work to existing regulatory and administrative processes rather than altering those processes directly (operational dependency introduces modest complexity)."],"plain_english_summary":"This instrument fixes a minimum 65-point score on the business innovation and investment points test for provisional Subclass 188 Business Innovation and Investor streams and repeals the earlier IMMI 12/041 instrument. It affects applicants (those under 65 cannot meet eligibility) and the Department of Home Affairs, requiring applicants to raise their score or seek other visa pathways and officials to apply the new threshold."}},"importantCases":[],"_links":{"self":"/api/acts/migration-points-for-business-innovation-stream-and-investor-stream-of-subclass-188-visa-instrument-","history":"/api/acts/migration-points-for-business-innovation-stream-and-investor-stream-of-subclass-188-visa-instrument-/history","analysis":"/api/acts/migration-points-for-business-innovation-stream-and-investor-stream-of-subclass-188-visa-instrument-/analysis","conflicts":"/api/acts/migration-points-for-business-innovation-stream-and-investor-stream-of-subclass-188-visa-instrument-/conflicts","importantCases":"/api/acts/migration-points-for-business-innovation-stream-and-investor-stream-of-subclass-188-visa-instrument-/important-cases","documents":"/api/acts/migration-points-for-business-innovation-stream-and-investor-stream-of-subclass-188-visa-instrument-/documents"}}