Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p14
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 14/37)
Character Range: 2291072–2293697

holder of a visa mentioned in the table in subitem 1104BA(5) of Schedule 1 (the relevant table):
 (a) if the applicant is covered by any of subclauses (1A) to (1C)—for a total period of at least 2 years in the 4 years immediately before the application was made; or
 (b) otherwise—for a total period of at least 2 years in the 3 years immediately before the application was made.
 (1A) The applicant is covered by this subclause if:
 (a) at the time of application, the applicant held the visa mentioned in item 1 of the relevant table; and
 (b) the applicant was invited to apply for that visa before 1 July 2021.
 (1B) The applicant is covered by this subclause if:
 (a) at the time of application, the applicant held the secondary visa mentioned in item 2 of the relevant table; and
 (b) the primary visa holder mentioned in that item was invited to apply for the primary visa mentioned in that item before 1 July 2021.
 (1C) The applicant is covered by this subclause if, at the time of application, the applicant met the requirements in item 3 or 4 of the relevant table.
 (2) For the purposes of subclause (1), an applicant is taken to have been in Australia during a period if:
 (a) the applicant was outside Australia during a concession period; and
 (b) during the concession period the applicant was the holder of a visa mentioned in the table in subitem 1104BA(5) of Schedule 1; and
 (c) the visa was granted to the applicant before 1 July 2019.

888.232
  If the applicant is covered by any of subclauses 888.231(1A) to (1C), either of the following paragraphs apply:
 (a) the designated investment made by the applicant for the purpose of satisfying a criterion for the grant of a Subclass 188 (Business Innovation and Investment (Provisional)) visa has been held continuously in the name of the applicant, or in the names of the applicant and the applicant's spouse or de facto partner together, for:
 (i) if the Subclass 188 (Business Innovation and Investment (Provisional)) visa was granted on the basis of an application made before 1 July 2015—at least 3 years and 11 months; or
 (ii) if the Subclass 188 (Business Innovation and Investment (Provisional)) visa was granted on the basis of an application made on or after 1 July 2015—at least 4 years; or
 (b) the applicant withdrew funds from, or cancelled, the designated investment during a concession period and the following requirements are satisfied:
 (i) the applicant holds or held a Subclass 188 (Business Innovation and Investment (Provisional)) visa that was granted before 1 July 2019;
 (ii) the applicant was resident in Australia for a period