Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p16
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 16/37)
Character Range: 2295996–2298682

Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream or the Significant Investor Extension stream is taken to be a reference to a Subclass 188 (Business Innovation and Investment (Provisional)) visa granted on the basis that the applicant was the spouse or de facto partner of a person who held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream or the Significant Investor Extension stream.
 (1A) The applicant is covered by this subclause if:
 (a) at the time of application, the applicant held the visa mentioned in item 1A 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 Significant Investor stream held by the applicant.
 (1C) 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 Significant Investor stream held by the primary visa holder.
 (1D) The applicant is covered by this subclause if, at the time of application, the applicant met the requirements in item 3 or 4 of the relevant table.
 (2) The applicant meets the requirements of subclause (2A) or (2B).
 (2A) Both of the following apply:
 (a) the most recent Subclass 188 visa in the Significant Investor stream held by the applicant (which may be the visa currently held by the applicant) was granted on the basis of an application made before 1 July 2015;
 (b) the applicant has held, for the whole of the period during which the applicant has held the visas or visa mentioned in subclause (1), a complying investment within the meaning of regulation 5.19B as in force at the time the application mentioned in paragraph (a) was made.
 (2B) Both of the following apply:
 (a) the most recent Subclass 188 visa in the Significant Investor stream held by the applicant (which may be the visa currently held by the applicant) was granted on the basis of an application made on or after 1 July 2015;
 (b) the applicant has held a complying significant investment (within the meaning of regulation 5.19C as in force at the time the application mentioned in paragraph (a)