Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p19
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 19/37)
Character Range: 2303161–2305967

held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Premium Investor stream for a continuous period of at least 12 months.
 (2) For the whole of the period during which the applicant has held the visa mentioned in subclause (1), the applicant has held a complying premium investment (within the meaning of regulation 5.19D as in force at the time the application for that visa was made) except any part of the investment that is a philanthropic contribution.
 (3) For any part of the complying premium investment (except any part of the investment that is a philanthropic contribution) that is, or was, a direct investment in an Australian proprietary company:
 (a) the company was a qualifying business for the whole period; or
 (b) if the company has been unable to operate as a qualifying business, the Minister is satisfied that the applicant made a genuine attempt to operate the business as a qualifying business.
 (4) The applicant has given the Minister evidence that the investment complies with the requirements set out in regulation 5.19D as in force at the time of application.
888.26—Criteria for Entrepreneur stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 888 visa in the Entrepreneur stream.

888.261
 (1) At the time of application the applicant:
 (a) holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream and has done so for a continuous period of at least:
 (i) if the applicant was invited to apply for that visa before 1 July 2021—4 years; or
 (ii) otherwise—3 years; and
 (b) either:
 (i) if the applicant was invited to apply for that visa before 1 July 2021—has resided in Australia for at least 2 years of the 4 years mentioned in subparagraph (a)(i); or
 (ii) otherwise—has resided in Australia for at least 2 years while holding a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream.
 (1A) If:
 (a) the applicant was outside Australia during a concession period; and
 (b) during the concession period the applicant held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream (the qualifying visa); and
 (c) the qualifying visa was granted before 1 July 2019; and
 (d) the qualifying visa expired during the concession period while the applicant was outside Australia and before the application was made;
then the applicant is taken to satisfy paragraph (1)(a) at the time of application.
 (1B) If:
 (a) the applicant was outside Australia during a concession period; and
 (b) during the concession period the applicant held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream; and
 (c) the visa was granted