Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p57
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 57/178)
Character Range: 1566291–1569097

direct and continuous involvement in the management of the qualifying business from day to day, and in the making of decisions that affect the overall direction and performance of the qualifying business, in a manner that benefits the Australian economy.

188.229A
 (1) The applicant satisfies public interest criterion 4005.
 (2) Each member of the family unit of the applicant who is an applicant for a Subclass 188 visa satisfies public interest criterion 4005.
 (3) Each member of the family unit of the applicant who is not an applicant for a Subclass 188 visa satisfies public interest criterion 4005 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
188.23—Criteria for Business Innovation Extension stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 188 visa in the Business Innovation Extension stream.

188.231
  The applicant demonstrates that there is a need for the applicant to be resident in Australia to operate the main business.

188.232
 (1) Either:
 (a) for at least the 2 years immediately before the application was made, the applicant had an ownership interest in one or more main businesses that were actively operating in Australia; or
 (b) if the applicant holds or held a Subclass 188 visa in the Business Innovation stream (the innovation stream visa) or a Subclass 188 visa in the Business Innovation Extension stream (the extension stream visa) during a concession period and the innovation stream visa that the applicant holds or held was granted before 1 July 2019—the applicant had an ownership interest in one or more main businesses that were actively operating in Australia for a cumulative period of at least 2 years while the applicant was the holder of the innovation stream visa or the extension stream visa.
 (2) The applicant continues to have the ownership interest mentioned in subclause (1).

188.233
  The applicant genuinely has a realistic commitment to:
 (a) maintain the ownership interest mentioned in subclause 188.232(1); and
 (b) maintain a direct and continuous involvement in the management of the main business from day to day, and in the making of decisions that affect the overall direction and performance of the main business, in a manner that benefits the Australian economy.

188.234
 (1) The applicant satisfies public interest criterion 4007.
 (2) Each member of the family unit of the applicant who is an applicant for a Subclass 188 visa satisfies public interest criterion 4007.
 (3) Each member of the family unit of the applicant who is not an applicant for a Subclass 188 visa satisfies public interest criterion 4007 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.