Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p61
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 61/178)
Character Range: 1576344–1579112

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