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 15/178)
Character Range: 1461278–1464033

at least AUD50 000 000 for at least 2 of the 4 fiscal years immediately before the application is made.
Note 1: appropriate regional authority, AUD, fiscal year, ownership interest and qualifying business are defined in regulation 1.03.
Note 2: As to beneficial ownership of an asset or ownership interest, see regulation 1.11A.
161.2—Primary criteria
Note: The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
161.21—Criteria to be satisfied at time of application

161.211
  The applicant has overall had a successful business career.

161.212
  For a total of at least 2 years in the 4 years immediately before the application is made, the applicant:
 (a) occupied a position in the 3 highest levels of the management structure of a major business; and
 (b) was responsible for strategic policy development affecting a major component or a wide range of operations of that major business.

161.213
 (1) The business and personal assets of the applicant, the applicant's spouse or de facto partner, or the applicant and his or her spouse or de facto partner together:
 (a) have a net value of at least AUD800 000; and
 (b) are lawfully acquired and available for transfer, and capable of being transferred, to Australia within 2 years after the grant of a Subclass 161 visa to the applicant.
 (2) The applicant, the applicant's spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, have business and personal assets, in addition to the assets mentioned in subclause (1), that the Minister is satisfied are of a sufficient net value to settle in Australia.

161.214
  The applicant is less than 45 years old.

161.215
  The applicant has vocational English within the meaning given by regulation 1.15B.

161.216
  Neither the applicant nor his or her spouse or de facto partner (if any) has a history of involvement in business activities that are of a nature that is not generally acceptable in Australia.

161.217
  The applicant has notified the appropriate regional authority of a State or Territory of:
 (a) the applicant's business history; and
 (b) the applicant's intention to develop a business in that State or Territory.

161.218
  The applicant genuinely has a realistic commitment, after entry to Australia as the holder of a Subclass 161 visa:
 (a) either:
 (i) to establish a qualifying business in Australia; or
 (ii) to participate in an existing qualifying business in Australia; and
 (b) to maintain a substantial ownership interest in that business; and
 (c) to maintain direct and continuous involvement in management of that business from