Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p28
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 28/37)
Character Range: 2325845–2328750

applicant, at the time of application, was not the holder of a Subclass 162 (Investor (Provisional)) visa, the applicant satisfies public interest criterion 4005.
 (3) If the applicant, at the time of application, was the holder of a Subclass 162 (Investor (Provisional)) visa, the applicant satisfies public interest criterion 4007.

891.323
  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
891.4—Circumstances applicable to grant

891.411
 (1) If the applicant satisfies 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.
891.5—When visa is in effect

891.511
  Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.
891.6—Conditions

891.611
  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 892—State/Territory Sponsored Business Owner
892.1—Interpretation
Note 1: appropriate regional authority, AUD, ownership interest and qualifying business are defined in regulation 1.03 and main business is defined in regulation 1.11.
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.
Note 4: There are no interpretation provisions specific to this Part.
892.2——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.
892.21—Criteria to be satisfied at time of application

892.211
 (1) The applicant has had, and continues to have, an ownership interest in 1 or more actively operating main businesses in Australia for at least 2 years immediately before the application is made.
 (2) For each business to which subclause (1) applies:
 (a) an Australian Business Number has been obtained; and
 (b) all Business Activity Statements required by the Australian Taxation Office (the ATO) for the period mentioned in subclause (1) have been submitted to the ATO and have been included in the application.

892.212
  Unless the appropriate regional authority has determined that there are exceptional circumstances, the