Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p20
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 20/37)
Character Range: 2305704–2308575

(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