Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p23
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 23/37)
Character Range: 2313315–2316088

unreasonable to require the member to undergo assessment in relation to that criterion.
888.4—Circumstances applicable to grant

888.411
  The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.
Note: The second instalment of visa application charge must be paid before the visa can be granted.
888.5—When visa is in effect

888.511
  Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.
888.6—Conditions

888.611
  If the applicant is outside Australia when the visa is granted:
 (a) first entry must be made before the date specified by the Minister; and
 (b) if the applicant satisfies the secondary criteria for the grant of the visa, condition 8515 may be imposed.

Subclass 890—Business Owner
890.1—Interpretation
Note 1: 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.
890.2—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.
890.21—Criteria to be satisfied at time of application

890.211
 (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.

890.212
  The assets of the applicant, the applicant's spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, in the main business or main businesses in Australia:
 (a) have a net value of at least AUD100 000; and
 (b) had a net value of at least AUD100 000 throughout the period of 12 months ending immediately before the application is made; and
 (c) have been lawfully acquired by the applicant, the applicant's spouse or de facto partner, or the applicant and his or her spouse or de facto partner together.

890.213
  In the 12 months immediately before the application