Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p11
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 11/37)
Character Range: 2283752–2286411

for a Subclass 888 visa;
satisfies public interest criteria 4001, 4002, 4003 and 4004, and satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

888.216
 (1) The applicant satisfies special return criteria 5001, 5002 and 5010.
 (2) Each person covered by subclause 888.215(4), (5) or (6) who is an applicant for a Subclass 888 visa satisfies special return criteria 5001, 5002 and 5010.
888.22—Criteria for Business Innovation stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 888 visa in the Business Innovation stream.

888.221
 (1) The applicant has been in Australia, as the holder of one or more visas mentioned in the table in subitem 1104BA(4) of Schedule 1 (the relevant table):
 (a) if the applicant is covered by any of subclauses (1A) to (1F)—for a total period of at least one year in the 2 years immediately before the application was made; or
 (b) otherwise—for a total period of at least one year in the 3 years immediately before the application was made.
 (1A) The applicant is covered by this subclause if:
 (a) at the time of application, the applicant held the visa mentioned in item 1AA 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 Business Innovation stream held by the applicant.
 (1C) The applicant is covered by this subclause if, at the time of application, the applicant met the requirements in item 1A of the relevant table.
 (1D) 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 Business Innovation stream held by the primary visa holder.
 (1E) The applicant is covered by this subclause if, at the time of application, the applicant met the requirements in item 2A of the relevant table.
 (1F) The applicant is covered by this subclause if:
 (a) at the time of application, the applicant held the visa mentioned in item 3 or 4 of the relevant table; and
 (b) if the applicant held the visa