(4) The applicant has given the Minister evidence that the investment complies with the requirements set out in regulation 5.19D as in force at the time of application.
888.26—Criteria for Entrepreneur stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 888 visa in the Entrepreneur stream.
888.261
(1) At the time of application the applicant:
(a) holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream and has done so for a continuous period of at least:
(i) if the applicant was invited to apply for that visa before 1 July 2021—4 years; or
(ii) otherwise—3 years; and
(b) either:
(i) if the applicant was invited to apply for that visa before 1 July 2021—has resided in Australia for at least 2 years of the 4 years mentioned in subparagraph (a)(i); or
(ii) otherwise—has resided in Australia for at least 2 years while holding a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream.
(1A) If:
(a) the applicant was outside Australia during a concession period; and
(b) during the concession period the applicant held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream (the qualifying visa); and
(c) the qualifying visa was granted before 1 July 2019; and
(d) the qualifying visa expired during the concession period while the applicant was outside Australia and before the application was made;
then the applicant is taken to satisfy paragraph (1)(a) at the time of application.
(1B) If:
(a) the applicant was outside Australia during a concession period; and
(b) during the concession period the applicant held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream; and
(c) the visa was granted before 1 July 2019;
then, for the purposes of working out under paragraph (1)(b) the length of time the applicant has resided in Australia, the applicant is taken to have resided in Australia during any period the applicant held the visa outside Australia during the concession period.
(2) The applicant has demonstrated overall a successful record of undertaking, whether alone or by participating in a business, activities of an entrepreneurial nature (disregarding activities specified in an instrument made under subregulation 5.19E(6) for the purposes of paragraph 5.19E(2)(b)):
(a) in Australia; and
(b) while holding a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream.
(3) In determining the success of the applicant’s record for the purposes of subclause (2), the Minister must have regard to the following (without limitation):
(a) the number of Australian citizens and Australian permanent residents that are employed in Australia in relation to the activities;
(b) the level and nature of ongoing funding of, or investment in, the activities;
(c) the annual turnover of businesses related to the activities;
(d) any endorsement of the applicant’s record by a body recognised by the nominating State or Territory government agency as a start‑up incubator, start‑up accelerator or other body that assists start‑up businesses.
888.3—Secondary criteria
Note: These criteria are for applicants seeking to satisfy the secondary criteria. All criteria must be satisfied at the time a decision is made on the application.
888.31—Criteria
888.311
(1) The applicant meets the requirements of subclause (2), (3), (4), (5) or (6).
(2) The applicant meets the requirements of this subclause if the applicant:
(a) is the member of the family unit of a person (the primary applicant) who holds a Subclass 888 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and
(b) made a combined application with the primary applicant.
(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 888 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 has experienced family violence committed by the primary applicant:
(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; 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 888 visa; and
(b) the relationship between the primary applicant and the applicant has ceased; and
(c) one or more of the following has experienced family violence committed by the primary applicant:
(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; 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) 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 888 visa; and
(b) the relationship between the primary applicant and the applicant has ceased; and
(c) one or more of the following has experienced family violence committed by the primary applicant:
(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; 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 that the primary applicant does not meet the requirements of clause 888.225, 888.232 or 888.242; and
(f) the primary applicant would have met the requirements of the clause had the relationship between the primary applicant and the applicant not ceased.
(6) 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), (4) or (5); and
(b) the applicant has made a combined application with the secondary applicant or the primary applicant mentioned in subclause (3), (4) or (5) (whichever applies to the secondary applicant); and
(c) a Subclass 888 visa has since been granted to the secondary applicant.
Note: For special provisions relating to family violence, see Division 1.5.
888.312
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 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.
888.313
The applicant satisfies special return criteria 5001, 5002 and 5010.
888.314
(1) This clause applies if the applicant (the secondary applicant) meets the requirements of subclause 888.311(3), (4) or (5).
(2) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 888 visa satisfies:
(a) public interest criteria 4001, 4002, 4003, 4004, 4007, 4010 and 4020; 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 888 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 888 visa and who has not turned 18 at the time of decision.
(5) Each member of the family unit of the secondary applicant who is not an applicant for a Subclass 888 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.
888.4—Circumstances applicable to grant
888.411
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.
888.5—When visa is in effect
888.511
Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.
888.6—Conditions
888.611
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.
Subclass 988—Maritime Crew
Note: This Subclass is created in accordance with section 38B of the Act.
988.1—Interpretation
Note 1: Member of the crew and non‑military ship are defined in regulation 1.03.
Note 2: For this Part, a person will sign on to a ship in Australia after:
(a) travelling to Australia on another visa in order to join a ship as a member of the crew; or
(b) joining the ship in Australia after signing off another ship in Australia; or
(c) joining another ship after the ship on which the person travelled to Australia is imported under section 49A or 71A of the Customs Act 1901.
988.2—Primary criteria
Note: A member of the family unit of a member of the crew of a non‑military ship, or of a prospective member of the crew of a non‑military ship, need satisfy only the secondary criteria.
988.21—Criteria to be satisfied at time of application
988.211
The applicant is:
(a) a member of the crew of a non‑military ship; or
(b) a person:
(i) who has received an offer from the master, owner, agent, charterer or operator of a non‑military ship to become a member of the crew of the ship; and
(ii) in relation to whom the offer is current; and
(iii) who would be a member of the crew of the non‑military ship if the person signs on to the ship.
988.22—Criteria to be satisfied at time of decision
988.221
The applicant is:
(a) a member of the crew of a non‑military ship; or
(b) a person:
(i) who has received an offer from the master, owner, agent, charterer or operator of a non‑military ship to become a member of the crew of the ship; and
(ii) in relation to whom the offer is current; and
(iii) who would be a member of the crew of the non‑military ship if the person signs on to the ship.
988.222
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4013, 4014, 4020 and 4021.
988.223
The applicant satisfies special return criteria 5001 and 5002.
988.224
The Minister is satisfied that the applicant’s expressed intention to enter and remain in Australia for the purpose of being a member of the crew of a non‑military ship is genuine.
988.3—Secondary criteria
Note: These criteria must be satisfied by a member of the family unit of a member of the crew of a non‑military ship, or of a prospective member of the crew of a non‑military ship.
988.31—[No criteria to be satisfied at time of application]
988.32—Criteria to be satisfied at time of decision
988.321
The applicant is a member of the family unit of a person who is the holder of a Subclass 988 visa on the basis of having satisfied the primary criteria for the grant of the visa.
988.322
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4013, 4014, 4020 and 4021.
988.323
The applicant satisfies special return criteria 5001 and 5002.
988.4—Circumstances applicable to grant
988.411
The applicant may be in or outside Australia when the visa is granted.
988.5—When visa is in effect
988.511
Temporary visa coming into effect on grant.
988.512
The visa ceases to be in effect:
(a) on the occurrence of the earliest of the circumstances mentioned in an item in the following table; and