(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 887 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.
(4) This subclause covers a person if:
(a) the person is an applicant for a Subclass 887 visa; and
(b) the person is a member of the family unit of a person covered by subclause (3).
887.226
(1) Each person:
(a) who is a member of the family unit of the applicant; and
(b) who is not an applicant for a Subclass 887 visa;
satisfies public interest criteria 4001, 4002, 4003 and 4004, and satisfies public interest criterion 4007 unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
(2) Each person:
(a) who was, at the time of application, a member of the family unit of the applicant but is no longer a member of the family unit of the applicant; and
(b) who is a member of the family unit of a person covered by subclause 887.225(3) or (4); and
(c) who is not an applicant for a Subclass 887 visa;
satisfies public interest criteria 4001, 4002, 4003 and 4004, and satisfies public interest criterion 4007 unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
887.227
If a person (the additional applicant):
(a) is a person covered by subclause 887.225(2), (3) or (4); and
(b) is less than 18; and
(c) made a combined application with the applicant;
public interest criteria 4015 and 4016 are satisfied for the additional applicant.
887.228
Grant of the visa would not result in either:
(a) the number of Subclass 887 visas granted in a financial year exceeding the maximum number of Subclass 887 visas, as determined by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year; or
(b) the number of visas of particular classes (including Subclass 887) granted in a financial year exceeding the maximum number of visas of those classes, as determined by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year.
887.3—Secondary criteria
Note: These criteria are for applicants seeking to satisfy the secondary criteria.
887.31—Criteria to be satisfied at time of application
887.311
The applicant is a member of the family unit of a person who satisfies the primary criteria in Subdivision 887.21 and made a combined application with that person.
887.32—Criteria to be satisfied at time of decision
887.321
(1) The applicant meets the requirements of subclause (2), (3), (4) or (5).
(2) The applicant continues to be a member of the family unit of a person who holds a Subclass 887 visa granted on the basis of satisfying the primary criteria for the grant of the visa.
(3) The applicant meets the requirements of this subclause if:
(a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 887 visa, and the primary applicant has since been granted that visa; and
(b) the relationship between the primary applicant and the applicant has ceased; and
(c) one or more of the following:
(i) the applicant;
(ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant;
(iii) a dependent child of the applicant or of the primary applicant;
has experienced family violence committed by the primary applicant; and
(d) the applicant:
(i) was in Australia at the time the applicant’s visa application was made; or
(ii) entered Australia after the applicant’s visa application was made.
(4) The applicant meets the requirements of this subclause if:
(a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 887 visa; and
(b) the relationship between the primary applicant and the applicant has ceased; and
(c) one or more of the following:
(i) the applicant;
(ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant;
(iii) a dependent child of the applicant or of the primary applicant;
has experienced family violence committed by the primary applicant; and
(d) the applicant:
(i) was in Australia at the time the applicant’s visa application was made; or
(ii) entered Australia after the applicant’s visa application was made; and
(e) the Minister has decided to refuse to grant the primary applicant the visa for reasons including that the primary applicant had engaged in conduct involving family violence (whether or not the family violence was against a person mentioned in paragraph (c)).
(5) The applicant meets the requirements of this subclause if:
(a) the applicant is a member of the family unit of a person (the secondary applicant) who meets the requirements of subclause (3) or (4); and
(b) the applicant has made a combined application with either the secondary applicant or the primary applicant mentioned in subclause (3) or (4) (whichever applies to the secondary applicant); and
(c) a Subclass 887 visa has since been granted to the secondary applicant.
Note: For special provisions relating to family violence, see Division 1.5.
887.322
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4010, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
887.323
The applicant satisfies special return criteria 5001, 5002 and 5010.
887.324
If the applicant is less than 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
887.325
(1) This clause applies if the applicant (the secondary applicant) meets the requirements of subclause 887.321(4).
(2) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 887 visa satisfies:
(a) public interest criteria 4001, 4002, 4003, 4003B, 4004, 4007, 4010, 4020 and 4021; and
(b) special return criteria 5001, 5002 and 5010.
(3) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 887 visa and who has turned 18 at the time of application satisfies public interest criterion 4019.
(4) Public interest criteria 4015 and 4016 are satisfied in relation to each member of the family unit of the secondary applicant who is an applicant for a Subclass 887 visa and who has not turned 18 at the time of application.
(5) Each member of the family unit of the secondary applicant who is not an applicant for a Subclass 887 visa:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4007 unless the Minister is satisfied that it would be unreasonable to require the member to undergo assessment in relation to that criterion.
887.4—Circumstances applicable to grant
887.411
The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.
Note: The second instalment of the visa application charge must be paid before the visa can be granted.
887.5—When visa is in effect
887.511
Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.
887.6—Conditions: Nil.
Subclass 888—Business Innovation and Investment (Permanent)
888.1—Interpretation
888.111
In this Part:
designated investment means an investment in a security that is specified for this Part by the Minister under regulation 5.19A.
Note 1: For AUD, fiscal year, ownership interest and qualifying business: see regulation 1.03.
Note 2: Regulation 1.03 also provides that member of the family unit has the meaning set out in regulation 1.12.
Note 3: main business is defined in regulation 1.11.
Note 4: For the beneficial ownership of an asset, eligible investment or ownership interest: see regulation 1.11A.
Note 5: Complying investment is defined in regulation 5.19B.
Note 6: Complying significant investment is defined in regulation 5.19C.
Note 7: Complying premium investment is defined in regulation 5.19D.
888.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 888 visa include criteria set out in streams.
If an applicant applies for a Subclass 888 visa in the Business Innovation stream, the criteria in Subdivisions 888.21 and 888.22 are the primary criteria for the grant of the visa.
If an applicant applies for a Subclass 888 visa in the Investor stream, the criteria in Subdivisions 888.21 and 888.23 are the primary criteria for the grant of the visa.
If an applicant applies for a Subclass 888 visa in the Significant Investor stream, the criteria in Subdivisions 888.21 and 888.24 are the primary criteria for the grant of the visa.
If an applicant applies for a Subclass 888 visa in the Premium Investor stream, the criteria in Subdivisions 888.21 and 888.25 are the primary criteria for the grant of the visa.
If an applicant applies for a Subclass 888 visa in the Entrepreneur stream, the criteria in Subdivisions 888.21 and 888.26 are the primary criteria for the grant of the visa.
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 visa of this subclass need satisfy only the secondary criteria.
All criteria must be satisfied at the time a decision is made on the application.
888.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 888 visa.
888.211
(1) The following persons must not have a history of involvement in business or investment activities that are of a nature that is not generally acceptable in Australia:
(a) the applicant (the primary applicant);
(b) the primary applicant’s spouse or de facto partner;
(c) the person covered by subclause (2).
(2) This subclause covers a person if:
(a) at the time of application, the person was the spouse or de facto partner of the primary applicant; and
(b) the relationship between the primary applicant and the person has ceased; and
(c) one or more of the following has experienced family violence committed by the primary applicant:
(i) the person;
(ii) a member of the family unit of the person who has made a combined application with the person or with the primary applicant;
(iii) a dependent child of the person or of the primary applicant.
888.212
The nominating State or Territory government agency or the CEO of Austrade has not withdrawn the nomination.
888.213
The applicant genuinely has a realistic commitment to maintain business or investment activities in Australia.
888.214
(1) The following persons must have a satisfactory record of compliance with the laws of the Commonwealth, and of each State or Territory in which the applicant (the primary applicant) operates a business and employs employees in the business, relating to the primary applicant’s business:
(a) the primary applicant;
(b) the primary applicant’s spouse or de facto partner;
(c) the person covered by subclause (2).
Note: Those laws include laws relating to taxation, superannuation and workplace relations.
(2) This subclause covers a person if:
(a) at the time of application, the person was the spouse or de facto partner of the primary applicant; and
(b) the relationship between the primary applicant and the person has ceased; and
(c) the Minister is satisfied that one or more of the following has experienced family violence committed by the primary applicant:
(i) the person;
(ii) a member of the family unit of the person who has made a combined application with the person or with the primary applicant;
(iii) a dependent child of the person or of the primary applicant.
888.215
(1) The applicant (the primary applicant) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4010, 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, 4004, 4007, 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 888 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 888 visa; and
(c) the Minister is satisfied that one or more of the following has experienced family violence committed by the primary applicant:
(i) the relevant person;
(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;
(iii) a dependent child of the relevant person or of 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 was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant but is no longer a member of the family unit of the primary applicant; and
(b) the person is an applicant for a Subclass 888 visa; and
(c) 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 888 visa; or
(ii) is covered by subclause (5) or (6); and
(b) who had turned 18 at the time of the primary applicant’s application;
satisfies public interest criterion 4019.
(8) If a person:
(a) either:
(i) is a member of the family unit of the primary applicant and also an applicant for a Subclass 888 visa; or
(ii) is covered by subclause (5) or (6); and
(b) has not turned 18;
public interest criteria 4015 and 4016 are satisfied in relation to the person.
888.215A
(1) Each person:
(a) who is a member of the family unit of the applicant; and
(b) who is not an applicant for a Subclass 888 visa;
satisfies public interest criteria 4001, 4002, 4003 and 4004, and satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
(2) Each person:
(a) who was, at the time of the applicant’s application, a member of the family unit of the applicant but is no longer a member of the family unit of the applicant; and
(b) who is a member of the family unit of a person who is covered by subclause 888.215(5) or (6); and
(c) who is not an applicant for a Subclass 888 visa;
satisfies public interest criteria 4001, 4002, 4003 and 4004, and satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
888.216
(1) The applicant satisfies special return criteria 5001, 5002 and 5010.
(2) Each person covered by subclause 888.215(4), (5) or (6) who is an applicant for a Subclass 888 visa satisfies special return criteria 5001, 5002 and 5010.
888.22—Criteria for Business Innovation stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 888 visa in the Business Innovation stream.
888.221
(1) The applicant has been in Australia, as the holder of one or more visas mentioned in the table in subitem 1104BA(4) of Schedule 1 (the relevant table):
(a) if the applicant is covered by any of subclauses (1A) to (1F)—for a total period of at least one year in the 2 years immediately before the application was made; or
(b) otherwise—for a total period of at least one year in the 3 years immediately before the application was made.
(1A) The applicant is covered by this subclause if:
(a) at the time of application, the applicant held the visa mentioned in item 1AA of the relevant table; and
(b) the applicant was invited to apply for that visa before 1 July 2021.
(1B) The applicant is covered by this subclause if:
(a) at the time of application, the applicant held the visa mentioned in item 1 of the relevant table; and
(b) the applicant was invited, before 1 July 2021, to apply for the Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation stream held by the applicant.
(1C) The applicant is covered by this subclause if, at the time of application, the applicant met the requirements in item 1A of the relevant table.
(1D) The applicant is covered by this subclause if:
(a) at the time of application, the applicant held the secondary visa mentioned in item 2 of the relevant table; and
(b) the primary visa holder mentioned in that item was invited, before 1 July 2021, to apply for the Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation stream held by the primary visa holder.
(1E) The applicant is covered by this subclause if, at the time of application, the applicant met the requirements in item 2A of the relevant table.
(1F) The applicant is covered by this subclause if: