Item At the time of invitation to apply for the visa, the applicant had ... Number of points
7A41 met the requirements for:(a) the award of a trade qualification, diploma or bachelor degree by an Australian educational institution; or(b) the award of a bachelor qualification by an educational institution that is of a recognised standard 5
7A42 met the requirements for:(a) the award of a bachelor degree in business, science or technology by an Australian educational institution; or(b) the award of a bachelor qualification in business, science or technology by an educational institution that is of a recognised standard 10
Note: Points are accumulated under item 7A41 or 7A42, not both.
Part 7A.5—Business experience qualifications—Business Innovation stream only
Item The applicant has held one or more main businesses for ... Number of points
7A51 not less than 4 years in the 5 years immediately before the time of invitation to apply for the visa 10
7A52 not less than 7 years in the 8 years immediately before the time of invitation to apply for the visa 15
Note: Points are accumulated under item 7A51 or 7A52, not both.
Part 7A.6—Investor experience qualifications—Investor stream only
Item The applicant ... Number of points
7A61 (a) if the applicant was invited to apply for the visa before 1 July 2021—held eligible investments which had a value of not less than AUD100,000 for not less than 4 years immediately before the time of invitation; or(b) if the applicant was invited to apply for the visa on or after 1 July 2021—held eligible investments which had a value of not less than AUD250,000 for not less than 4 years immediately before the time of invitation 10
7A62 (a) if the applicant was invited to apply for the visa before 1 July 2021—held eligible investments which had a value of not less than AUD100,000 for not less than 7 years immediately before the time of invitation; or(b) if the applicant was invited to apply for the visa on or after 1 July 2021—held eligible investments which had a value of not less than AUD250,000 for not less than 7 years immediately before the time of invitation 15
Note: Points are accumulated under item 7A61 or 7A62, not both.
Part 7A.7—Financial asset qualifications
Item The net value of the business and personal assets of the applicant, the applicant’s spouse or de facto partner, or the applicant and the applicant’s spouse or de facto partner together, was ... Number of points
7A71 (a) if the applicant was invited to apply for the visa before 1 July 2021—not less than AUD800,000 in each of the 2 fiscal years immediately before the time of invitation; or(b) if the applicant was invited to apply for the visa on or after 1 July 2021—not less than AUD1,250,000 in each of the 2 fiscal years immediately before the time of invitation 5
7A72 (a) if the applicant was invited to apply for the visa before 1 July 2021—not less than AUD1,300,000 in each of the 2 fiscal years immediately before the time of invitation; or(b) if the applicant was invited to apply for the visa on or after 1 July 2021—not less than AUD1,750,000 in each of the 2 fiscal years immediately before the time of invitation 15
7A73 (a) if the applicant was invited to apply for the visa before 1 July 2021—not less than AUD1,800,000 in each of the 2 fiscal years immediately before the time of invitation; or(b) if the applicant was invited to apply for the visa on or after 1 July 2021—not less than AUD2,250,000 in each of the 2 fiscal years immediately before the time of invitation 25
7A74 (a) if the applicant was invited to apply for the visa before 1 July 2021—not less than AUD2,250,000 in each of the 2 fiscal years immediately before the time of invitation; or(b) if the applicant was invited to apply for the visa on or after 1 July 2021—not less than AUD2,750,000 in each of the 2 fiscal years immediately before the time of invitation 35
Note: Points are accumulated under one item in Part 7A.7, not more than one.
Part 7A.8—Business turnover qualifications
Item The applicant had an ownership interest in one or more main businesses that had an annual turnover of ... Number of points
7A81 (a) if the applicant was invited to apply for the visa before 1 July 2021—not less than AUD500,000 in at least 2 of the 4 fiscal years immediately before the time of invitation; or(b) if the applicant was invited to apply for the visa on or after 1 July 2021—not less than AUD750,000 in at least 2 of the 4 fiscal years immediately before the time of invitation 5
7A82 (a) if the applicant was invited to apply for the visa before 1 July 2021—not less than AUD1,000,000 in at least 2 of the 4 fiscal years immediately before the time of invitation; or(b) if the applicant was invited to apply for the visa on or after 1 July 2021—not less than AUD1,250,000 in at least 2 of the 4 fiscal years immediately before the time of invitation 15
7A83 (a) if the applicant was invited to apply for the visa before 1 July 2021—not less than AUD1,500,000 in at least 2 of the 4 fiscal years immediately before the time of invitation; or(b) if the applicant was invited to apply for the visa on or after 1 July 2021—not less than AUD1,750,0000 in at least 2 of the 4 fiscal years immediately before the time of invitation 25
7A84 (a) if the applicant was invited to apply for the visa before 1 July 2021—not less than AUD2,000,000 in at least 2 of the 4 fiscal years immediately before the time of invitation; or(b) if the applicant was invited to apply for the visa on or after 1 July 2021—not less than AUD2,250,000 in at least 2 of the 4 fiscal years immediately before the time of invitation 35
Note: Points are accumulated under one item in Part 7A.8, not more than one.
Part 7A.9—Business innovation qualifications
Item
At the time of invitation to apply for the visa ...
Number of points
7A91
the applicant, or a main business of the applicant, had either or both of the following:<br>(a) one or more patents that:<br>(i) were registered not less than 1 year before that time; and<br>(ii) were used in the day to day activities of the main business;<br>(b) one or more registered designs that:<br>(i) were registered not less than 1 year before that time; and<br>(ii) were used in the day to day activities of the main business
15
7A92
the applicant, or a main business of the applicant, had one or more registered trade marks that:<br>(a) were registered not less than 1 year before that time; and<br>(b) were used in the day to day activities of the main business
10
7A93
each of the following applied:<br>(a) at least one main business in which the applicant held an ownership interest operated in accordance with a formal joint venture agreement entered into with another business or businesses;<br>(b) the joint venture agreement had been entered into not less than 1 year before the time of invitation to apply for the visa;<br>(c) the applicant utilised his or her skills in actively participating at a senior level in the day to day management of the business
5
7A94
at least one main business held by the applicant derived not less than 50% of its annual turnover from export trade in at least 2 of the 4 fiscal years immediately before that time
15
7A95
the applicant had an ownership interest in at least one main business that:<br>(a) was established not more than 5 years before that time; and<br>(b) had an average annualised growth in turnover that was greater than 20% per annum over 3 continuous fiscal years; and<br>(c) in at least one of the 3 fiscal years mentioned in paragraph (b) employed 10 or more employees for a total number of hours that was at least the total number of hours that would have been worked by 10 full‑time employees
10
7A96
the applicant, or at least one main business in which the applicant held an ownership interest:<br>(a) had received a grant that:<br>(i) was awarded for the purposes of early phase start up of a business, product commercialisation, business development or business expansion; and<br>(ii) was at least AUD10 000; and<br>(iii) was awarded by a government body in the applicant’s home country; and<br>(iv) had been received not more than 4 years immediately before that time; or<br>(b) had received venture capital funding of at least AUD100 000 not more than 4 years before the time of the invitation for the purposes of early phase start up of a business, product commercialisation, business development or business expansion
10
Note: Points may be accumulated under more than one item in Part 7A.9, but points may not be accumulated more than once for each item in the Part.
Part 7A.10—Special endorsement qualifications
Item At the time of the invitation to apply for the visa ... Number of points
7A101 the nominating State or Territory government agency had determined that the business proposed by the applicant was of unique and important benefit to the State or Territory where the nominating government agency is located 10
Schedule 8—Visa conditions
(subregulations 2.05(1) and (2))
Note 1: Whether a visa of a particular class may be made subject to any of these conditions depends on the relevant provision in Schedule 2.
Note 2: As to cancellation for breaches of conditions, see the Act, ss. 41 and 116 to 119.
8101 The holder must not engage in work in Australia.
8102 The holder must not engage in work in Australia (other than in relation to the holder’s course of study or training).
8103 The holder must not undertake work in Australia without the permission in writing of the Minister, which may be:
(a) in relation to specified work; or
(b) for a specified time.
8104 (1) The holder must not engage in work for more than 40 hours a fortnight while the holder is in Australia.
(2) Subject to subclauses (2A) and (2B), if the holder is a member of the family unit of a person who satisfies the primary criteria for the grant of a student visa, the holder must not engage in work in Australia until the person who satisfies the primary criteria has commenced a course of study.
(2A) Subclause (2) does not apply to the holder if:
(a) at the time of applying for the visa, the holder held a substantive visa or a bridging visa (the previous visa); and
(b) the holder was permitted to work in Australia during the period that the previous visa was in effect.
(2B) Subclause (2) does not apply to the holder if the person who satisfies the primary criteria for the grant of the student visa:
(a) held a substantive visa or a bridging visa (the previous visa) at the time of applying for the student visa; and
(b) was permitted to work in Australia during the period that the previous visa was in effect.
(2C) If subclause (2) does not apply to the holder because of subclause (2A) or (2B), then despite subclause (1), the holder may engage in work for more than 40 hours a fortnight:
(a) while the holder is in Australia; and
(b) before the course of study mentioned in subclause (2) commences.
(3) If the course of study mentioned in subclause (2) is for the award of a masters or doctoral degree, then despite subclause (1), the holder may engage in work for more than 40 hours a fortnight while the holder is in Australia.
(3A) If the visa held is a Subclass 500 (Student) visa, or a bridging visa granted on the basis of a valid application for a Subclass 500 (Student) visa, this clause applies as if the reference in subclauses (1), (2C) and (3) to 40 hours were instead a reference to 48 hours.
(4) In this clause:
fortnight means the period of 14 days commencing on a Monday.
8105 (1A) Subject to subclause (1B), the holder must not engage in any work in Australia before the holder’s course of study commences.
(1B) Subclause (1A) does not apply to the holder if:
(a) at the time of applying for the visa, the holder held a substantive visa or a bridging visa (the previous visa); and
(b) the holder was permitted to work in Australia during the period that the previous visa was in effect.
(1) Subject to subclause (2), the holder must not engage in work in Australia for more than 40 hours a fortnight during any fortnight when the holder’s course of study or training is in session.
(2) Subclause (1) does not apply:
(a) to work that was specified as a requirement of the course when the course particulars were entered in the Commonwealth Register of Institutions and Courses for Overseas Students; and
(b) in relation to a student visa granted in relation to a masters degree by research or doctoral degree if the holder has commenced the masters degree by research or doctoral degree.
(2A) If the visa held is a Subclass 500 (Student) visa, or a bridging visa granted on the basis of a valid application for a Subclass 500 (Student) visa, this clause applies as if the reference in subclause (1) to 40 hours were instead a reference to 48 hours.
(3) In this clause:
fortnight means the period of 14 days commencing on a Monday.
8106 The holder must engage in work in Australia only if the work is relevant to the conduct of the business, or performance of the tasks, specified in the visa application.
8107 (1) If the visa is not a visa mentioned in subclause (3) or (4), and was granted to enable the holder to be employed in Australia, the holder must not:
(a) cease to be employed by the employer in relation to which the visa was granted; or
(b) work in a position or occupation inconsistent with the position or occupation in relation to which the visa was granted; or
(c) engage in work for another person or on the holder’s own account while undertaking the employment in relation to which the visa was granted.
(2) If the visa is not a visa mentioned in subclause (3) or (4), and subclause (1) does not apply, the holder must not:
(a) cease to undertake the activity in relation to which the visa was granted; or
(b) engage in an activity inconsistent with the activity in relation to which the visa was granted; or
(c) engage in work for another person or on the holder’s own account inconsistent with the activity in relation to which the visa was granted.
(3) If the visa is, or the last substantive visa held by the applicant was, a Subclass 457 (Temporary Work (Skilled)) visa that was granted on the basis that the holder met the requirements of subclause 457.223(2) or (4) (as in force before 18 March 2018):
(a) the holder:
(i) must work only in the occupation listed in the most recently approved nomination for the holder; and
(ii) unless the circumstances in subclause (3A) apply:
(A) must work only for the party to a labour agreement or former party to a labour agreement who nominated the holder in the most recently approved nomination; or
(B) if the sponsor is, or was, a standard business sponsor who was lawfully operating a business in Australia at the time of the sponsor’s approval as a standard business sponsor, or at the time of the last approval of a variation to the sponsor’s term of approval as a standard business sponsor—must work only in a position in the business of the sponsor or an associated entity of the sponsor; or
(C) if the sponsor is or was a standard business sponsor who was not lawfully operating a business in Australia, and was lawfully operating a business outside Australia, at the time of the sponsor’s approval as a standard business sponsor, or at the time of the last approval of a variation to the sponsor’s term of approval as a standard business sponsor—must work only in a position in the business of the sponsor; and
(aa) subject to paragraph (c), the holder must:
(i) if the holder was outside Australia when the visa was granted—commence work within 90 days after the holder’s arrival in Australia; and
(ii) if the holder was in Australia when the visa was granted—commence work within 90 days after the holder’s visa was granted; and
(b) the holder may cease to work in accordance with paragraph (a) for a period, but:
(i) any such period must not exceed 180 consecutive days; and
(ii) the total number of days on which the holder does not work in accordance with paragraph (a) must not exceed 365 during the visa period for the holder’s visa; and
(c) if the holder is required to hold a licence, registration or membership that is mandatory to perform the occupation nominated in relation to the holder, in the location where the holder’s position is situated—the holder:
(i) must hold the licence, registration or membership while the holder is performing the occupation; and
(ii) if the holder was outside Australia when the visa was granted—the holder must hold that licence, registration or membership within 90 days after the holder’s arrival in Australia; and
(iii) if the holder was in Australia when the visa was granted—the holder must hold that licence, registration or membership within 90 days after the holder’s visa was granted; and
(iv) must notify the Department, in writing as soon as practicable if an application for the licence, registration or membership is refused; and
(v) must comply with each condition or requirement to which the licence, registration or membership is subject; and
(vi) must not engage in work that is inconsistent with the licence, registration or membership, including any conditions or requirements to which the licence, registration or membership is subject; and
(vii) must notify the Department, in writing as soon as practicable if the licence, registration or membership ceases to be in force or is revoked or cancelled.
(3A) For subparagraph (3)(a)(ii), the circumstances are that:
(a) the holder’s occupation is specified in an instrument in writing for subparagraph 2.72(10)(e)(ii) or (iii) as in force before 18 March 2018; or