Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p15
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 15/37)
Character Range: 2293434–2296271

concession period and the following requirements are satisfied:
 (i) the applicant holds or held a Subclass 188 (Business Innovation and Investment (Provisional)) visa that was granted before 1 July 2019;
 (ii) the applicant was resident in Australia for a period of at least 2 years immediately before the applicant first withdrew funds from, or cancelled, the designated investment;
 (iii) the designated investment was held continuously in the name of the applicant, or in the names of the applicant and the applicant's spouse or de facto partner together, during that period;
 (iv) the applicant did not withdraw funds from, or cancel any part of, the designated investment outside of the concession period.

888.233
  Unless the applicant is covered by any of subclauses 888.231(1A) to (1C), the applicant has held a complying significant investment for the whole of the period during which the applicant held a Subclass 188 visa.
888.24—Criteria for Significant Investor stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 888 visa in the Significant Investor stream.

888.241
 (1) If the applicant is covered by any of subclauses (1A) to (1D), at the time of application:
 (a) the applicant has held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream for a continuous period of 4 years; or
 (b) the applicant has held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream and one or more Subclass 188 (Business Innovation and Investment (Provisional)) visas in the Significant Investor Extension stream for a continuous period of 4 years; or
 (c) the applicant:
 (i) has held, for a continuous period of 3 years and 11 months, a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream applied for before 1 July 2015; and
 (ii) has not held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor Extension stream granted on the basis of the visa mentioned in subparagraph (i); or
 (d) the applicant:
 (i) has held a Subclass 188 visa in the Significant Investor stream that was granted before 1 July 2019; but
 (ii) no longer holds the visa because the visa expired during a concession period.
 (1AA) If, at the time of application, the applicant met the requirements in item 2 or 4 of the table in subitem 1104BA(5A) of Schedule 1 (the relevant table), a reference in subclause (1), (2A) or (2B) to a 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