Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p53
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 53/178)
Character Range: 1556309–1559076

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.
187.5—When visa is in effect

187.511
  Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.
187.6—Conditions

187.611
  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 188—Business Innovation and Investment (Provisional)
188.1—Interpretation

188.111
  In this Part:
designated investment means an investment in a security that is specified for this Part by the Minister under regulation 5.19A.

188.112
  In this Part, each of the following is an eligible investment if a person owns it for the purpose of producing a return in the form of income or capital gain, and not for personal use:
 (a) an ownership interest in a business;
 (b) cash on deposit;
 (c) stocks or bonds;
 (d) real estate;
 (e) gold or silver bullion.

188.113
  In this Part, a loan to a business is an eligible investment if a person makes it for the purpose of producing a return in the form of income or capital gain.
Note 1: For AUD, business innovation and investment points test, fiscal year, ownership interest and qualifying business: see regulation 1.03.
Note 2: Regulation 1.03 also provides as follows:
(a) competent English has the meaning given by regulation 1.15C;
(b) complying entrepreneur activity is defined in regulation 5.19E;
(c) complying investment is defined in regulation 5.19B;
(d) complying significant investment is defined in regulation 5.19C;
(f) main business has the meaning set out in regulation 1.11;
(g) member of the family unit has the meaning set out in regulation 1.12.
Note 3: For the beneficial ownership of an asset, eligible investment or ownership interest, see regulation 1.11A.
188.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 188 visa include criteria set out in streams.
 If an applicant applies for a Subclass 188 visa in the Business Innovation stream, the criteria in Subdivisions 188.21 and 188.22 are the primary criteria for the grant of the visa.
 If an applicant applies for a Subclass 188 visa in the Business Innovation Extension stream, the criteria in Subdivisions 188.21 and 188.23 are 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