Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p54
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 54/178)
Character Range: 1558832–1561610

the primary criteria.
 If an applicant applies for a Subclass 188 visa in the Investor stream, the criteria in Subdivisions 188.21 and 188.24 are the primary criteria.
 If an applicant applies for a Subclass 188 visa in the Significant Investor stream, the criteria in Subdivisions 188.21 and 188.25 are the primary criteria.
 If an applicant applies for a Subclass 188 visa in the Significant Investor Extension stream, the criteria in Subdivisions 188.21 and 188.26 are the primary criteria.
 If an applicant applies for a Subclass 188 visa in the Entrepreneur stream, the criteria in Subdivisions 188.21 and 188.28 are the primary criteria.
 The primary criteria must be satisfied by at least one 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.
 All criteria must be satisfied at the time a decision is made on the application.
188.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 188 visa.

188.211
  The applicant, and the applicant's spouse or de facto partner, do not have a history of involvement in business or investment activities that are of a nature that is not generally acceptable in Australia.

188.212
  The nominating State or Territory government agency or the CEO of Austrade has not withdrawn the nomination.

188.212A
 (1) If, at the time of application:
 (a) the applicant held a Subclass 491 (Skilled Work Regional (Provisional)) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; or
 (b) the last substantive visa held by the applicant was a Subclass 491 (Skilled Work Regional (Provisional)) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa;
the applicant must have held that visa for at least 3 years at the time of application unless circumstances specified in an instrument under subclause (2) exist.
 (2) The Minister may, by legislative instrument, specify circumstances for the purposes of subclause (1).

188.213
 (1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4020 and 4021.
 (2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
 (3) Each member of the family unit of the applicant who is an applicant for a Subclass 188 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4010 and 4020.
 (4) Each member of the family unit of the applicant who:
 (a) is an applicant for a Subclass 188 visa; and
 (b) had turned 18 at the time of application;
satisfies public interest criterion 4019.
 (5) Each member of the family unit of the applicant who:
 (a) is an applicant for a Subclass 188 visa; and
 (b)