Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p60
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 60/178)
Character Range: 1573734–1576612

the complying significant investment for the whole of the visa period.
 (3) The funds used to make the complying significant investment mentioned in subclause (2) were accumulated from either or both of the following:
 (a) one or more qualifying businesses conducted by the applicant, the applicant's spouse or de facto partner, or the applicant and the applicant's spouse or de facto partner together;
 (b) eligible investment activities of the applicant, the applicant's spouse or de facto partner, or the applicant and the applicant's spouse or de facto partner together.
 (4) The applicant has given the Minister:
 (a) evidence that the complying significant investment mentioned in subclause (2) complies with the requirements set out in regulation 5.19C as in force at the time of application; and
 (b) a completed copy of approved form 1412, signed by the applicant and each other applicant aged at least 18.
Note: Approved form 1412 is a deed of acknowledgement, undertaking and release, signed by each person mentioned in paragraph (b), 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 complying significant investment; and
(c) release the Commonwealth from any liabilities in relation to any loss relating to the complying significant investment.

188.247
  The business and personal 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:
 (a) are lawfully acquired; and
 (b) are available for transfer to Australia within 2 years after the grant of a Subclass 188 visa.

188.248
 (1) The applicant genuinely has a realistic commitment to continue to maintain business or investment activity in Australia after:
 (a) if subclause 188.246(1) applies to the applicant—the designated investment mentioned in that subclause matures; or
 (b) if subclause 188.246A(2) applies to the applicant—the complying significant investment mentioned in that subclause matures.
 (2) The applicant has a genuine intention to reside for at least 2 years in the State or Territory in which the nominating State or Territory government agency is located.

188.249
 (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.
188.25—Criteria for Significant Investor stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a