Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p26
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 26/37)
Character Range: 2320817–2323614

the primary criteria, the applicant must be inside Australia, but not in immigration clearance, when the visa is granted.
 (2) If the applicant satisfies the secondary criteria, the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted.
Note: The second instalment of the visa application charge must be paid before the visa can be granted.
890.5—When visa is in effect

890.511
  Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.
890.6—Conditions

890.611
  If the applicant is outside Australia when the visa is granted and the applicant satisfies the secondary criteria:
 (a) first entry must be made before a date specified by the Minister for the purpose; and
 (b) condition 8515 may be imposed.

Subclass 891—Investor
891.1—Interpretation

891.111
  In this Part:
designated investment means an investment in a security specified by the Minister under regulation 5.19A for this Part.
Note 1: 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.
Note 3: Regulation 1.03 provides that member of the family unit has the meaning set out in regulation 1.12.  Subregulations 1.12(2) and (5) are relevant for applicants for a Business Skills (Residence) (Class DF) visa.
891.2—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.
891.21—Criteria to be satisfied at time of application

891.211
  Neither the applicant nor his or her spouse or de facto partner (if any) has a history of involvement in business or investment activities that are of a nature that is not generally acceptable in Australia.

891.212
  The applicant has been in Australia as the holder of a Subclass 162 (Investor (Provisional)) visa for a total of at least 2 years in the 4 years immediately before the application is made.

891.213
  The applicant genuinely has a realistic commitment, after the grant of a Subclass 891 visa, to continue to maintain business or investment activity in Australia.
891.22—Criteria to be satisfied at time of decision

891.221
  The applicant continues to satisfy the criteria in clauses 891.211 and 891.213.

891.222
  The designated investment made by the applicant for the purpose of satisfying a requirement for the grant of a Subclass 162 (Investor (Provisional)) visa has been held continuously in the name of the applicant, or in the names of the applicant and his or her spouse or de facto partner together, for at least 4 years.

891.223
  The applicant:
 (a) satisfies