(2) Each member of the family unit of the applicant who is an applicant for a Subclass 188 visa satisfies public interest criterion 4005.
(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 188 visa satisfies public interest criterion 4005 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
188.25—Criteria for Significant Investor stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 188 visa in the Significant Investor stream.
188.251
The applicant was invited, in writing, by the Minister to apply for the visa.
188.252
(1) The applicant has made, on or after the time of application, a complying significant investment (within the meaning of regulation 5.19C as in force at the time of application) of at least AUD 5 000 000.
(2) If the time of invitation to apply for the visa was before 1 July 2021, the applicant has a genuine intention to hold the complying significant investment for at least 4 years.
(3) If the time of invitation to apply for the visa was on or after 1 July 2021, the applicant has a genuine intention to hold the complying significant investment for the whole of the visa period.
Note: A complying significant investment may be based on one or more investments.
188.253
(1) The applicant has given the Minister evidence that the investment complies with the requirements set out in regulation 5.19C as in force at the time of application.
(2) The applicant has given the Minister a completed copy of approved form 1412, signed by the applicant and each other applicant aged at least 18.
Note: Approved form 1412 is a deed of acknowledgment, undertaking and release, signed by each person mentioned in subclause (2), under which they:
(a) acknowledge that they are responsible for their financial and legal affairs; and
(b) undertake not to bring an action against the Commonwealth in relation to any loss relating to the complying significant investment; and
(c) release the Commonwealth from any liabilities in relation to any loss relating to the complying significant investment.
188.254
If the applicant was nominated by a State or Territory government agency, one or more of the following have a genuine intention to reside in the State or Territory whose government agency nominated the applicant:
(a) the applicant;
(b) the applicant’s spouse or de facto partner.
188.255
(1) The applicant satisfies public interest criterion 4005.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 188 visa satisfies public interest criterion 4005.
(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 188 visa satisfies public interest criterion 4005 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
188.26—Criteria for Significant Investor Extension stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 188 visa in the Significant Investor Extension stream.
188.261
(1) The applicant meets the requirements of subclause (1A) or (1B).
(1A) Both of the following apply:
(a) the most recent Subclass 188 visa in the Significant Investor stream held by the applicant (which may be the visa currently held by the applicant) was granted on the basis of an application made before 1 July 2015;
(b) the applicant continues to hold a complying investment within the meaning of regulation 5.19B as in force at the time the application mentioned in paragraph (a) was made.
(1B) Both of the following apply:
(a) the most recent Subclass 188 visa in the Significant Investor stream held by the applicant (which may be the visa currently held by the applicant) was granted on the basis of an application made on or after 1 July 2015;
(b) the applicant continues to hold a complying significant investment within the meaning of regulation 5.19C as in force at the time the application mentioned in paragraph (a) was made.
(2) For any part of the investment mentioned in subclause (1A) or (1B) for the applicant that is, or was, a direct investment in an Australian proprietary company:
(a) if the period of the direct investment was less than 2 years, the company was a qualifying business for the whole period; or
(b) if the period of the direct investment was 2 years or more, the company was a qualifying business for at least 2 years; or
(c) if the company has been unable to operate as a qualifying business, the Minister is satisfied that the applicant made a genuine attempt to operate the business as a qualifying business.
(3) The applicant has given the Minister:
(a) if subclause (1A) applies to the applicant—a completed copy of approved form 1413 for each investment in a managed fund on which the investment mentioned in that subclause is based; or
(b) if subclause (1B) applies to the applicant—evidence that the applicant holds an investment as required for that subclause.
Note: Approved form 1413 includes a declaration that the investments made by a managed fund for the benefit of clients are limited to one or more of the purposes specified by the Minister for paragraph 5.19B(2)(c).
(4) The applicant has given the Minister a completed copy of approved form 1412, signed by the applicant and each other applicant aged at least 18.
Note: Approved form 1412 is a deed of acknowledgment, undertaking and release, signed by each person mentioned in subclause (4), under which they:
(a) acknowledge that they are responsible for their financial and legal affairs; and
(b) undertake not to bring an action against the Commonwealth in relation to any loss relating to the relevant investment; and
(c) release the Commonwealth from any liabilities in relation to any loss relating to the relevant investment.
188.262
(1) The applicant satisfies public interest criterion 4007.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 188 visa satisfies public interest criterion 4007.
(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 188 visa satisfies public interest criterion 4007 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
188.28—Criteria for Entrepreneur stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 188 visa in the Entrepreneur stream.
188.281
(1) The applicant was invited, in writing, by the Minister to apply for the visa.
(2) Either:
(a) the applicant had not turned 55 at the time of the invitation to apply for the visa; or
(b) the nominating State or Territory government agency has determined that the complying entrepreneur activity the applicant is undertaking or proposing to undertake is, or will be, of exceptional economic benefit to the State or Territory in which the agency is located.
(3) At the time of invitation to apply for the visa, the applicant had competent English.
188.282
The applicant:
(a) is undertaking, or proposing to undertake, a complying entrepreneur activity; and
(ab) has a genuine intention to undertake, and continue to undertake, the complying entrepreneur activity in Australia; and
(b) if the time of invitation to apply for the visa was before 1 July 2021, has a genuine intention to undertake, and continue to undertake, the complying entrepreneur activity in accordance with the agreement or agreements mentioned in paragraph 5.19E(3)(b) in relation to the activity.
188.283
The nominating State or Territory government agency is satisfied that the net value of the business and personal assets of the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, is sufficient to allow them to settle in Australia.
188.284
(1) The applicant satisfies public interest criterion 4005.
(2) Each member of the applicant’s family unit who is an applicant for a Subclass 188 visa satisfies public interest criterion 4005.
(3) Each member of the applicant’s family unit who is not an applicant for a Subclass 188 visa satisfies public interest criterion 4005, unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
188.3—Secondary criteria
Note: These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.
188.31—Criteria
188.311
The applicant is a member of the family unit of a person who holds a Subclass 188 visa granted on the basis of satisfying the primary criteria for the grant of the visa (the primary applicant).
188.311A
(1) If:
(a) the applicant has turned 18; and
(b) the primary applicant holds a Subclass 188 visa in the Investor stream, the Significant Investor stream, the Significant Investor Extension stream or the Premium Investor stream;
the applicant has given the Minister a completed copy of approved form 1412.
Note: Approved form 1412 is a deed of acknowledgment, undertaking and release, signed by the primary applicant, and each other applicant aged at least 18 years, under which they:
(a) acknowledge that they are responsible for their financial and legal affairs; and
(b) undertake not to bring an action against the Commonwealth in relation to any loss relating to the relevant investment; and
(c) release the Commonwealth from any liabilities in relation to any loss relating to the relevant investment.
(2) Subclause (1) does not apply if the primary applicant:
(a) holds a Subclass 188 visa in the Investor stream; and
(b) was invited to apply for that visa before 1 July 2021.
188.312
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.
(4) If the primary applicant holds a Subclass 188 visa in the Business Innovation stream, the Investor stream, the Significant Investor stream, the Premium Investor stream or the Entrepreneur stream, the applicant satisfies public interest criterion 4005.
(5) If the primary applicant holds a Subclass 188 visa in the Business Innovation Extension stream or the Significant Investor Extension stream, the applicant satisfies public interest criterion 4007.
188.313
The applicant satisfies special return criteria 5001, 5002 and 5010.
188.4—Circumstances applicable to grant
188.411
The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.
Note: The second instalment of visa application charge must be paid before the visa can be granted.
188.5—When visa is in effect
188.511
If the applicant satisfied the primary criteria for the grant of a Subclass 188 visa in the Business Innovation stream, the Investor stream, the Significant Investor stream or the Entrepreneur stream, temporary visa permitting the holder to travel to, enter and remain in Australia:
(a) if the time of invitation to apply for the visa was before 1 July 2021—for 4 years and 3 months from the date of grant; or
(b) if the time of invitation to apply for the visa was on or after 1 July 2021—for 5 years from the date of grant.
188.512
If the applicant satisfied the primary criteria for the grant of a Subclass 188 visa in the Business Innovation Extension stream, temporary visa permitting the holder to travel to, enter and remain in Australia:
(a) if:
(i) the last Subclass 188 visa held by the applicant was a Subclass 188 visa in the Business Innovation stream; and
(ii) the time of the invitation to apply for that visa was before 1 July 2021;
for 6 years after the date of the grant of that visa; or
(ab) if:
(i) the last Subclass 188 visa held by the applicant was a Subclass 188 visa in the Business Innovation stream; and
(ii) the time of the invitation to apply for that visa was on or after 1 July 2021;
for 7 years after the date of the grant of that visa; or
(b) if the last Subclass 188 visa held by the applicant was a Subclass 188 visa in the Business Innovation Extension stream—for 8 years after the date of the grant of the Subclass 188 visa in the Business Innovation stream.
188.512A
If the applicant satisfied the primary criteria for the grant of a Subclass 188 visa in the Significant Investor Extension stream, temporary visa permitting the holder to travel to, enter and remain in Australia:
(a) if:
(i) the applicant held a Subclass 188 visa in the Significant Investor stream at the time of application; and
(ii) the time of the invitation to apply for that visa was before 1 July 2021;
for 6 years after the date of the grant of that visa; or
(b) if:
(i) the applicant held a Subclass 188 visa in the Significant Investor stream at the time of application; and
(ii) the time of the invitation to apply for that visa was on or after 1 July 2021;
for 7 years after the date of the grant of that visa; or
(c) if:
(i) the applicant held a Subclass 188 visa in the Significant Investor Extension stream at the time of application; and
(ii) the time of the invitation to apply for the Subclass 188 visa in the Significant Investor stream held by the applicant was before 1 July 2021;
for 8 years after the date of the grant of the visa mentioned in subparagraph (ii); or
(d) if:
(i) the applicant held a Subclass 188 visa in the Significant Investor Extension stream at the time of application; and
(ii) the time of the invitation to apply for the Subclass 188 visa in the Significant Investor stream held by the applicant was on or after 1 July 2021;
for 9 years after the date of the grant of the visa mentioned in subparagraph (ii).
188.513
If the applicant satisfied the secondary criteria for the grant of a Subclass 188 visa, temporary visa permitting the holder to travel to, enter and remain in Australia until the day specified for the applicant who satisfied the primary criteria.
188.6—Conditions
188.611
If the applicant is outside Australia when the visa is granted:
(a) first entry must be made before the date specified by the Minister; and
(b) if the applicant satisfies the secondary criteria for the grant of the visa, condition 8515 may be imposed.
188.611A
If a Subclass 188 visa in the Investor stream is granted to an applicant who was invited to apply for the visa on or after 1 July 2021, condition 8557 must be imposed.
188.612
If the applicant is granted a Subclass 188 visa in the Significant Investor stream or the Significant Investor Extension stream, condition 8557 must be imposed.
188.613
If the applicant is granted a Subclass 188 visa in the Entrepreneur stream, condition 8571 must be imposed.
Subclass 189—Skilled—Independent
189.1—Interpretation
Note 1: For registered course, relevant assessing authority and skilled occupation: see regulation 1.03.
Note 2: Regulation 1.03 also provides that competent English has the meaning set out in regulation 1.15C.
Note 3: There are no interpretation provisions specific to this Part.
189.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 189 visa include criteria set out in streams.
For a Subclass 189 visa in the Points‑tested stream, the criteria in Subdivisions 189.21 and 189.22 are the primary criteria.
For a Subclass 189 visa in the New Zealand stream, the criteria in Subdivisions 189.21 and 189.23 are the primary criteria.
For a Subclass 189 visa in the Hong Kong stream, the criteria in Subdivisions 189.21 and 189.24 are the primary criteria.
The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a Subclass 189 visa need satisfy only the secondary criteria in Division 189.3.
All criteria must be satisfied at the time a decision is made on the application.
189.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 189 visa.
189.211
(1) The applicant (the primary applicant) satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4020 and 4021.
(2) If the primary applicant has turned 18 at the time of application, the primary applicant satisfies public interest criterion 4019.
(3) Each person who is covered by subclause (4), (5) or (6) satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4010 and 4020.
(4) This subclause covers a person who is a member of the family unit of the primary applicant who is also an applicant for a Subclass 189 visa.
(5) This subclause covers a person (the relevant person) if:
(a) the relevant person was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant; and
(b) the relevant person is an applicant for a Subclass 189 visa; and
(c) the Minister is satisfied that:
(i) the relevant person; or
(ii) a member of the family unit of the relevant person who has made a combined application with the relevant person or with the primary applicant; or
(iii) a dependent child of the relevant person or of the primary applicant;
has experienced family violence committed by the primary applicant.
Note: For special provisions relating to family violence, see Division 1.5.
(6) This subclause covers a person if:
(a) the person is an applicant for a Subclass 189 visa; and
(b) the person is a member of the family unit of a person covered by subclause (5).
(7) Each person:
(a) who either:
(i) is a member of the family unit of the primary applicant and also an applicant for a Subclass 189 visa; or