Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p64
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 64/178)
Character Range: 1583851–1586652

applicant, the applicant's spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, is sufficient to allow them to settle in Australia.

188.284
 (1) The applicant satisfies public interest criterion 4005.
 (2) Each member of the applicant's family unit who is an applicant for a Subclass 188 visa satisfies public interest criterion 4005.
 (3) Each member of the applicant's family unit 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.
188.3—Secondary criteria
Note: These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.
188.31—Criteria

188.311
  The applicant is a member of the family unit of a person who holds a Subclass 188 visa granted on the basis of satisfying the primary criteria for the grant of the visa (the primary applicant).

188.311A
 (1) If:
 (a) the applicant has turned 18; and
 (b) the primary applicant holds a Subclass 188 visa in the Investor stream, the Significant Investor stream, the Significant Investor Extension stream or the Premium Investor stream;
the applicant has given the Minister a completed copy of approved form 1412.
Note: Approved form 1412 is a deed of acknowledgment, undertaking and release, signed by the primary applicant, and each other applicant aged at least 18 years, under which they:
(a) acknowledge that they are responsible for their financial and legal affairs; and
(b) undertake not to bring an action against the Commonwealth in relation to any loss relating to the relevant investment; and
(c) release the Commonwealth from any liabilities in relation to any loss relating to the relevant investment.
 (2) Subclause (1) does not apply if the primary applicant:
 (a) holds a Subclass 188 visa in the Investor stream; and
 (b) was invited to apply for that visa before 1 July 2021.

188.312
 (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) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.
 (4) If the primary applicant holds a Subclass 188 visa in the Business Innovation stream, the Investor stream, the Significant Investor stream, the Premium Investor stream or the Entrepreneur stream, the applicant satisfies public interest criterion 4005.
 (5) If the primary applicant holds a Subclass 188 visa in the Business Innovation Extension stream or the Significant Investor Extension