# Criteria applicable to classes of visas

> reg-2.03 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

2.03 Criteria applicable to classes of visas
          (1) For the purposes of subsection 31(3) of the Act (which deals with criteria for the
              grant of a visa) and subject to other provisions of these Regulations, the
              prescribed criteria for the grant to a person of a visa of a particular class are:
                (a) the primary criteria set out in a relevant Part of Schedule 2; or
               (b) if a relevant Part of Schedule 2 sets out secondary criteria, those secondary
                    criteria.









        (1A) However, if one or more criteria are set out in a Subdivision of a Part of
             Schedule 2 as a ‘stream’:
              (a) the primary criteria mentioned in paragraph (1)(a) are taken to be:
                    (i) the primary criteria described as that stream; and
                   (ii) all primary criteria that are not described as a stream; and
              (b) the secondary criteria mentioned in paragraph (1)(b) are taken to be:
                    (i) the secondary criteria described as that stream; and
                   (ii) all secondary criteria that are not described as a stream.
               Example: Part 188 of Schedule 2 sets out the criteria for the grant of a Subclass 188 (Business
                        Innovation and Investment (Provisional)) visa. The Part includes a Subdivision setting
                        out common primary criteria and several Subdivisions setting out primary criteria that
                        are described as streams, including a Business Innovation stream. The primary criteria
                        mentioned in paragraph (1)(a) are taken to be the Business Innovation stream and all
                        primary criteria that are not described as a stream.

        (1B) If one or more criteria are set out in a Subdivision of a Part of Schedule 2 as a
             ‘stream’, the visa to which the Part relates may be described as ‘[the Subclass of
             the visa] in the [name of the stream]’.
               Example: A visa whose criteria are set out in Part 188 of Schedule 2, and include criteria in the
                        Business Innovation stream, may be described as a Subclass 188 visa in the Business
                        Innovation stream.

          (2) If a criterion in Schedule 2 refers to a criterion in Schedule 3, 4 or 5 by number, a
              criterion so referred to must be satisfied by an applicant as if it were set out at
              length in the first-mentioned criterion.
          (3) If a criterion in Schedule 2 specifies that a person is to be the holder of, or have
              held, a visa of a particular class or subclass, that criterion is taken to be satisfied:
                (a) if:
                       (i) before 1 September 1994, the person held a visa or entry permit that
                           was granted under the Migration (1993) Regulations, the Migration
                           (1989) Regulations or the Act as in force before 19 December 1989;
                           and
                      (ii) the criteria that were applicable to, or the grounds for the grant of, that
                           visa or entry permit are the same in effect as the criteria applicable to
                           the new visa; and
                     (iii) the visa or entry permit was continued in force as a transitional visa
                           on 1 September 1994 by the Migration Reform (Transitional
                           Provisions) Regulations; or
                (b) if:
                       (i) before 1 September 1994, the person applied for a visa or entry permit
                           under the Migration (1993) Regulations, the Migration (1989)
                           Regulations or the Act as in force before 19 December 1989; and
                      (ii) the criteria that were applicable to, or the grounds for the grant of, that
                           visa or entry permit are the same in effect as the criteria applicable to
                           the new visa; and
                     (iii) either:









                               (A) in the case of an application made before 19 December
                                    1989—the Minister had not made a decision on the
                                    application; or
                               (B) in any other case—the application had not been finally
                                    determined;
                           before 1 September 1994; and
                      (iv) on or after 1 September 1994 the person was granted a transitional
                           visa under the Migration Reform (Transitional Provisions)
                           Regulations on the basis that he or she had satisfied the criteria, or the
                           grounds, applicable to the visa or entry permit referred to in
                           subparagraph (i).