# Business Innovation and Investment (Provisional)

> visa-188 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

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 stream, the
                        criteria in Subdivisions 188.21 and 188.25 are the primary criteria.
                        If an applicant applies for a Subclass 188 visa in the Significant Investor Extension
                        stream, the criteria in Subdivisions 188.21 and 188.26 are the primary criteria.
                        If an applicant applies for a Subclass 188 visa in the Entrepreneur stream, the criteria in
                        Subdivisions 188.21 and 188.28 are the primary criteria.
                        The primary criteria must be satisfied by at least one member of a family unit. The
                        other members of the family unit who are applicants for a visa of this subclass need
                        satisfy only the secondary criteria.
                        All criteria must be satisfied at the time a decision is made on the application.

188.21—Common criteria
               Note:    These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass
                        188 visa.


188.211
               The applicant, and the applicant’s spouse or de facto partner, do not have a
               history of involvement in business or investment activities that are of a nature
               that is not generally acceptable in Australia.

188.212
               The nominating State or Territory government agency or the CEO of Austrade
               has not withdrawn the nomination.

188.212A
          (1) If, at the time of application:
                (a) the applicant held a Subclass 491 (Skilled Work Regional (Provisional))
                      visa or a Subclass 494 (Skilled Employer Sponsored Regional
                      (Provisional)) visa; or
                (b) the last substantive visa held by the applicant was a Subclass 491 (Skilled
                      Work Regional (Provisional)) visa or a Subclass 494 (Skilled Employer
                      Sponsored Regional (Provisional)) visa;
              the applicant must have held that visa for at least 3 years at the time of
              application unless circumstances specified in an instrument under subclause (2)
              exist.
          (2) The Minister may, by legislative instrument, specify circumstances for the
              purposes of subclause (1).

188.213
          (1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010,
              4020 and 4021.








          (2) If the applicant had turned 18 at the time of application, the applicant satisfies
              public interest criterion 4019.
          (3) Each member of the family unit of the applicant who is an applicant for a
              Subclass 188 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4010
              and 4020.
          (4) Each member of the family unit of the applicant who:
                (a) is an applicant for a Subclass 188 visa; and
                (b) had turned 18 at the time of application;
              satisfies public interest criterion 4019.
          (5) Each member of the family unit of the applicant who:
                (a) is an applicant for a Subclass 188 visa; and
                (b) has not turned 18;
              satisfies public interest criteria 4015 and 4016.
          (6) Each member of the family unit of the applicant who is not an applicant for a
              Subclass 188 visa satisfies public interest criteria 4001, 4002, 4003 and 4004.

188.214
          (1) The applicant satisfies special return criteria 5001, 5002 and 5010.
          (2) Each member of the family unit of the applicant who is an applicant for a
              Subclass 188 visa satisfies special return criteria 5001, 5002 and 5010.

188.22—Criteria for Business Innovation stream
               Note:    These criteria are only for applicants seeking to satisfy the primary criteria for a
                        Subclass 188 visa in the Business Innovation stream.


188.221
          (1) The applicant was invited, in writing, by the Minister to apply for the visa.
          (2) The applicant:
               (a) had not turned 55 at the time of the invitation to apply for the visa; or
               (b) is proposing to establish or participate in business or investment activity
                   that the nominating State or Territory government agency has determined
                   is of exceptional economic benefit to the State or Territory in which the
                   agency is located.

188.222
          (1) The applicant’s score on the business innovation and investment points test is not
              less than the number of points specified by the Minister in an instrument in
              writing for this subclause.
          (2) For subclause (1):








                 (a) an applicant’s score on the business innovation and investment points test
                     is the sum of the applicant’s scores under Parts 7A.2, 7A.3, 7A.4, 7A.5,
                     7A.7, 7A.8, 7A.9 and 7A.10 of Schedule 7A; and
                 (b) the Minister must not give the applicant the prescribed number of points
                     for more than one prescribed qualification in Parts 7A.2, 7A.3, 7A.4, 7A.5,
                     7A.7, 7A.8 and 7A.10 of Schedule 7A; and
                 (c) if the applicant’s circumstances satisfy more than one prescribed
                     qualification in Parts 7A.2, 7A.3, 7A.4, 7A.5, 7A.7, 7A.8 and 7A.10 of
                     Schedule 7A, the Minister must give the applicant points for the
                     qualification that has been satisfied that attracts the highest number of
                     points.

188.223
               The applicant demonstrates that there is a need for the applicant to be resident in
               Australia to establish or conduct the proposed business activity.

188.224
               The applicant has overall had a successful business career.

188.225
          (1) For at least 2 of the 4 fiscal years immediately before the time of invitation to
              apply for the visa, the applicant had an ownership interest in one or more
              established main businesses that had an annual turnover, in each of those years,
              of:
                (a) if the time of invitation was before 1 July 2021—at least AUD500,000; or
               (b) if the time of invitation was on or after 1 July 2021—at least AUD750,000.
          (2) If the applicant was engaged in one or more businesses providing professional,
              technical or trade services for at least 2 of the 4 fiscal years immediately before
              the time of invitation to apply for the visa, the applicant was directly engaged in
              the provision of the services, as distinct from the general direction of the
              operation of the business, for no more than half the time spent by the applicant
              from day to day in the conduct of the business.

188.226
               At the time of invitation, 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, that can be applied to the establishment or conduct
               of a business in Australia have a net value of:
                 (a) if the time of invitation was before 1 July 2021—at least AUD800,000; or
                (b) if the time of invitation was on or after 1 July 2021—at least
                     AUD1,250,000.









188.227
               The nominating State or Territory government agency is satisfied that the net
               value of 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, other than the business and personal assets mentioned in
               clause 188.226, is sufficient to allow the applicant and the spouse
               or de facto partner to settle in Australia.

188.228
               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.

188.229
          (1) The applicant genuinely has a realistic commitment to:
               (a) establish a qualifying business in Australia; or
               (b) participate in an existing qualifying business in Australia.
          (2) The applicant genuinely has a realistic commitment to:
               (a) maintain a substantial ownership interest in the qualifying business
                   mentioned in subclause (1); and
               (b) maintain a direct and continuous involvement in the management of the
                   qualifying business from day to day, and in the making of decisions that
                   affect the overall direction and performance of the qualifying business, in a
                   manner that benefits the Australian economy.

188.229A
          (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.

188.23—Criteria for Business Innovation Extension stream
               Note:     These criteria are only for applicants seeking to satisfy the primary criteria for a
                         Subclass 188 visa in the Business Innovation Extension stream.









188.231
               The applicant demonstrates that there is a need for the applicant to be resident in
               Australia to operate the main business.

188.232
          (1) Either:
               (a) for at least the 2 years immediately before the application was made, the
                    applicant had an ownership interest in one or more main businesses that
                    were actively operating in Australia; or
               (b) if the applicant holds or held a Subclass 188 visa in the Business
                    Innovation stream (the innovation stream visa) or a Subclass 188 visa in
                    the Business Innovation Extension stream (the extension stream visa)
                    during a concession period and the innovation stream visa that the
                    applicant holds or held was granted before 1 July 2019—the applicant had
                    an ownership interest in one or more main businesses that were actively
                    operating in Australia for a cumulative period of at least 2 years while the
                    applicant was the holder of the innovation stream visa or the extension
                    stream visa.
          (2) The applicant continues to have the ownership interest mentioned in
              subclause (1).

188.233
               The applicant genuinely has a realistic commitment to:
                (a) maintain the ownership interest mentioned in subclause 188.232(1); and
                (b) maintain a direct and continuous involvement in the management of the
                    main business from day to day, and in the making of decisions that affect
                    the overall direction and performance of the main business, in a manner
                    that benefits the Australian economy.

188.234
          (1) The applicant satisfies public interest criterion 4007.
          (2) Each member of the family unit of the applicant who is an applicant for a
              Subclass 188 visa satisfies public interest criterion 4007.
          (3) Each member of the family unit of the applicant who is not an applicant for a
              Subclass 188 visa satisfies public interest criterion 4007 unless it would be
              unreasonable to require the member to undergo assessment in relation to the
              criterion.

188.24—Criteria for Investor stream
               Note:    These criteria are only for applicants seeking to satisfy the primary criteria for a
                        Subclass 188 visa in the Investor stream.









188.241
          (1) The applicant was invited, in writing, by the Minister to apply for the visa.
          (2) The applicant:
               (a) had not turned 55 at the time of the invitation to apply for the visa; or
               (b) is proposing to establish or participate in business or investment activity
                   that the nominating State or Territory government agency has determined
                   is of exceptional economic benefit to the State or Territory in which the
                   agency is located.

188.242
          (1) The applicant’s score on the business innovation and investment points test is not
              less than the number of points specified by the Minister in an instrument in
              writing for this subclause.
          (2) For subclause (1):
               (a) an applicant’s score on the business innovation and investment points test
                    is the sum of the applicant’s scores under Parts 7A.2, 7A.3, 7A.4, 7A.6,
                    7A.7, 7A.8, 7A.9 and 7A.10 of Schedule 7A; and
               (b) the Minister must not give the applicant the prescribed number of points
                    for more than one prescribed qualification in Parts 7A.2, 7A.3, 7A.4, 7A.6,
                    7A.7, 7A.8 and 7A.10 of Schedule 7A; and
               (c) if the applicant’s circumstances satisfy more than one prescribed
                    qualification in Parts 7A.2, 7A.3, 7A.4, 7A.6, 7A.7, 7A.8 and 7A.10 of
                    Schedule 7A, the Minister must give the applicant points for the
                    qualification that has been satisfied that attracts the highest number of
                    points.

188.243
          (1) The applicant has overall had a successful record of eligible investment activity
              or qualifying business activity.
          (2) The applicant has had a total of at least 3 years experience of direct involvement
              in managing one or more qualifying businesses or eligible investments.
          (3) The applicant has demonstrated a high level of management skill in relation to
              the eligible investment or qualifying business activity.

188.244
          (1) For at least one of the 5 fiscal years immediately before the time of invitation to
              apply for the visa:
                (a) both of the following apply:
                      (i) the applicant maintained direct involvement in managing a qualifying
                          business;









                      (ii) the applicant, the applicant’s spouse or de facto partner, or the
                           applicant and his or her spouse or de facto partner together, had an
                           ownership interest of at least 10% of the total value of the business; or
                 (b) subclause (2) applies.
          (2) This subclause applies if:
               (a) the applicant maintained direct involvement in managing eligible
                    investments of the applicant, the applicant’s spouse or de facto partner, or
                    the applicant and the applicant’s spouse or de facto partner together; and
               (b) the total net value of the eligible investments was:
                      (i) if the time of invitation to apply for the visa was before 1 July 2021—
                          at least AUD1,500,000; or
                     (ii) if the time of invitation to apply for the visa was on or after 1 July
                          2021—at least AUD2,500,000.

188.245
               For the 2 fiscal years immediately before the time of invitation to apply for the
               visa, 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, had a net value of:
                 (a) if the time of invitation was before 1 July 2021—at least AUD2,250,000;
                      or
                 (b) if the time of invitation was on or after 1 July 2021—at least
                      AUD2,500,000.

188.246
        (1A) If the time of invitation to apply for the visa was before 1 July 2021, the
             requirements in subclauses (1) and (2) are met.
          (1) The applicant has made a designated investment of at least AUD1 500 000 in the
              State or Territory in which the nominating State or Territory government agency
              is located, and has made the investment:
                (a) in the name of the applicant; or
                (b) in the names of the applicant and his or her spouse or de facto partner.
          (2) The funds used to make the designated investment mentioned in subclause (1)
              were:
               (a) unencumbered; and
               (b) accumulated from either or both of:
                     (i) one or more qualifying businesses conducted by the applicant, the
                         applicant’s spouse or de facto partner, or the applicant and his or her
                         spouse or de facto partner together; and
                    (ii) eligible investment activities of the applicant, the applicant’s spouse
                         or de facto partner, or the applicant and his or her spouse
                         or de facto partner together.








188.246A
          (1) If the time of invitation to apply for the visa was on or after 1 July 2021, the
              requirements in subclauses (2), (3) and (4) are met.
          (2) The applicant:
               (a) has made a complying significant investment of at least AUD2,500,000;
                   and
               (b) has a genuine intention to hold 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
                        Subclass 188 visa in the Significant Investor stream.


188.251
               The applicant was invited, in writing, by the Minister to apply for the visa.

188.252
          (1) The applicant has made, on or after the time of application, a complying
              significant investment (within the meaning of regulation 5.19C as in force at the
              time of application) of at least AUD 5 000 000.
          (2) If the time of invitation to apply for the visa was before 1 July 2021, the
              applicant has a genuine intention to hold the complying significant investment
              for at least 4 years.
          (3) If the time of invitation to apply for the visa was on or after 1 July 2021, the
              applicant has a genuine intention to hold the complying significant investment
              for the whole of the visa period.
               Note:    A complying significant investment may be based on one or more investments.


188.253
          (1) The applicant has given the Minister evidence that the investment complies with
              the requirements set out in regulation 5.19C as in force at the time of application.
          (2) The applicant has given the Minister 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 acknowledgment, undertaking and release, signed by
                        each person mentioned in subclause (2), 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.


188.254
               If the applicant was nominated by a State or Territory government agency, one or
               more of the following have a genuine intention to reside in the State or Territory
               whose government agency nominated the applicant:
                 (a) the applicant;
                 (b) the applicant’s spouse or de facto partner.

188.255
          (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.

188.26—Criteria for Significant Investor Extension stream
               Note:    These criteria are only for applicants seeking to satisfy the primary criteria for a
                        Subclass 188 visa in the Significant Investor Extension stream.


188.261
          (1) The applicant meets the requirements of subclause (1A) or (1B).
        (1A) Both of the following apply:
              (a) the most recent Subclass 188 visa in the Significant Investor stream held by
                  the applicant (which may be the visa currently held by the applicant) was
                  granted on the basis of an application made before 1 July 2015;
              (b) the applicant continues to hold a complying investment within the meaning
                  of regulation 5.19B as in force at the time the application mentioned in
                  paragraph (a) was made.
        (1B) Both of the following apply:
              (a) the most recent Subclass 188 visa in the Significant Investor stream held by
                  the applicant (which may be the visa currently held by the applicant) was
                  granted on the basis of an application made on or after 1 July 2015;









                 (b) the applicant continues to hold a complying significant investment within
                     the meaning of regulation 5.19C as in force at the time the application
                     mentioned in paragraph (a) was made.
          (2) For any part of the investment mentioned in subclause (1A) or (1B) for the
              applicant that is, or was, a direct investment in an Australian proprietary
              company:
                (a) if the period of the direct investment was less than 2 years, the company
                    was a qualifying business for the whole period; or
               (b) if the period of the direct investment was 2 years or more, the company
                    was a qualifying business for at least 2 years; or
                (c) 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.
          (3) The applicant has given the Minister:
               (a) if subclause (1A) applies to the applicant—a completed copy of approved
                   form 1413 for each investment in a managed fund on which the investment
                   mentioned in that subclause is based; or
               (b) if subclause (1B) applies to the applicant—evidence that the applicant
                   holds an investment as required for that subclause.
               Note:    Approved form 1413 includes a declaration that the investments made by a managed
                        fund for the benefit of clients are limited to one or more of the purposes specified by
                        the Minister for paragraph 5.19B(2)(c).

          (4) The applicant has given the Minister 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 acknowledgment, undertaking and release, signed by
                        each person mentioned in subclause (4), 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 relevant investment; and
                        (c) release the Commonwealth from any liabilities in relation to any loss relating to
                             the relevant investment.


188.262
          (1) The applicant satisfies public interest criterion 4007.
          (2) Each member of the family unit of the applicant who is an applicant for a
              Subclass 188 visa satisfies public interest criterion 4007.
          (3) Each member of the family unit of the applicant who is not an applicant for a
              Subclass 188 visa satisfies public interest criterion 4007 unless it would be
              unreasonable to require the member to undergo assessment in relation to the
              criterion.

188.28—Criteria for Entrepreneur stream
               Note:    These criteria are only for applicants seeking to satisfy the primary criteria for a
                        Subclass 188 visa in the Entrepreneur stream.








188.281
          (1) The applicant was invited, in writing, by the Minister to apply for the visa.
          (2) Either:
               (a) the applicant had not turned 55 at the time of the invitation to apply for the
                    visa; or
               (b) the nominating State or Territory government agency has determined that
                    the complying entrepreneur activity the applicant is undertaking or
                    proposing to undertake is, or will be, of exceptional economic benefit to
                    the State or Territory in which the agency is located.
          (3) At the time of invitation to apply for the visa, the applicant had competent
              English.

188.282
               The applicant:
                (a) is undertaking, or proposing to undertake, a complying entrepreneur
                    activity; and
               (ab) has a genuine intention to undertake, and continue to undertake, the
                    complying entrepreneur activity in Australia; and
                (b) if the time of invitation to apply for the visa was before 1 July 2021, has a
                    genuine intention to undertake, and continue to undertake, the complying
                    entrepreneur activity in accordance with the agreement or agreements
                    mentioned in paragraph 5.19E(3)(b) in relation to the activity.

188.283
               The nominating State or Territory government agency is satisfied that the net
               value of 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, is sufficient to allow them to settle in Australia.

188.284
          (1) The applicant satisfies public interest criterion 4005.
          (2) Each member of the applicant’s family unit who is an applicant for a Subclass
              188 visa satisfies public interest criterion 4005.
          (3) Each member of the applicant’s family unit 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.

188.3—Secondary criteria
               Note:    These criteria are for applicants who are members of the family unit of a person who
                        satisfies the primary criteria. All criteria must be satisfied at the time a decision is made
                        on the application.







188.31—Criteria

188.311
               The applicant is a member of the family unit of a person who holds a Subclass
               188 visa granted on the basis of satisfying the primary criteria for the grant of the
               visa (the primary applicant).

188.311A
          (1) If:
                (a) the applicant has turned 18; and
                (b) the primary applicant holds a Subclass 188 visa in the Investor stream, the
                    Significant Investor stream, the Significant Investor Extension stream or
                    the Premium Investor stream;
              the applicant has given the Minister a completed copy of approved form 1412.
               Note:     Approved form 1412 is a deed of acknowledgment, undertaking and release, signed by
                         the primary applicant, and each other applicant aged at least 18 years, 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 relevant investment; and
                         (c) release the Commonwealth from any liabilities in relation to any loss relating to
                               the relevant investment.

          (2) Subclause (1) does not apply if the primary applicant:
               (a) holds a Subclass 188 visa in the Investor stream; and
               (b) was invited to apply for that visa before 1 July 2021.

188.312
          (1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010,
              4020 and 4021.
          (2) If the applicant had turned 18 at the time of application, the applicant satisfies
              public interest criterion 4019.
          (3) If the applicant has not turned 18, the applicant satisfies public interest criteria
              4017 and 4018.
          (4) If the primary applicant holds a Subclass 188 visa in the Business Innovation
              stream, the Investor stream, the Significant Investor stream, the Premium
              Investor stream or the Entrepreneur stream, the applicant satisfies public interest
              criterion 4005.
          (5) If the primary applicant holds a Subclass 188 visa in the Business Innovation
              Extension stream or the Significant Investor Extension stream, the applicant
              satisfies public interest criterion 4007.









188.313
               The applicant satisfies special return criteria 5001, 5002 and 5010.

188.4—Circumstances applicable to grant

188.411
               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.


188.5—When visa is in effect

188.511
               If the applicant satisfied the primary criteria for the grant of a Subclass 188 visa
               in the Business Innovation stream, the Investor stream, the Significant Investor
               stream or the Entrepreneur stream, temporary visa permitting the holder to travel
               to, enter and remain in Australia:
                 (a) if the time of invitation to apply for the visa was before 1 July 2021—for 4
                      years and 3 months from the date of grant; or
                 (b) if the time of invitation to apply for the visa was on or after 1 July 2021—
                      for 5 years from the date of grant.

188.512
               If the applicant satisfied the primary criteria for the grant of a Subclass 188 visa
               in the Business Innovation Extension stream, temporary visa permitting the
               holder to travel to, enter and remain in Australia:
                 (a) if:
                        (i) the last Subclass 188 visa held by the applicant was a Subclass 188
                            visa in the Business Innovation stream; and
                       (ii) the time of the invitation to apply for that visa was before 1 July 2021;
                      for 6 years after the date of the grant of that visa; or
                (ab) if:
                        (i) the last Subclass 188 visa held by the applicant was a Subclass 188
                            visa in the Business Innovation stream; and
                       (ii) the time of the invitation to apply for that visa was on or after 1 July
                            2021;
                      for 7 years after the date of the grant of that visa; or
                 (b) if the last Subclass 188 visa held by the applicant was a Subclass 188 visa
                      in the Business Innovation Extension stream—for 8 years after the date of
                      the grant of the Subclass 188 visa in the Business Innovation stream.









188.512A
               If the applicant satisfied the primary criteria for the grant of a Subclass 188 visa
               in the Significant Investor Extension stream, temporary visa permitting the
               holder to travel to, enter and remain in Australia:
                 (a) if:
                        (i) the applicant held a Subclass 188 visa in the Significant Investor
                            stream at the time of application; and
                       (ii) the time of the invitation to apply for that visa was before 1 July 2021;
                      for 6 years after the date of the grant of that visa; or
                 (b) if:
                        (i) the applicant held a Subclass 188 visa in the Significant Investor
                            stream at the time of application; and
                       (ii) the time of the invitation to apply for that visa was on or after 1 July
                            2021;
                      for 7 years after the date of the grant of that visa; or
                 (c) if:
                        (i) the applicant held a Subclass 188 visa in the Significant Investor
                            Extension stream at the time of application; and
                       (ii) the time of the invitation to apply for the Subclass 188 visa in the
                            Significant Investor stream held by the applicant was before 1 July
                            2021;
                      for 8 years after the date of the grant of the visa mentioned in
                      subparagraph (ii); or
                 (d) if:
                        (i) the applicant held a Subclass 188 visa in the Significant Investor
                            Extension stream at the time of application; and
                       (ii) the time of the invitation to apply for the Subclass 188 visa in the
                            Significant Investor stream held by the applicant was on or after
                            1 July 2021;
                      for 9 years after the date of the grant of the visa mentioned in
                      subparagraph (ii).

188.513
               If the applicant satisfied the secondary criteria for the grant of a Subclass 188
               visa, temporary visa permitting the holder to travel to, enter and remain in
               Australia until the day specified for the applicant who satisfied the primary
               criteria.

188.6—Conditions

188.611
               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.

188.611A
               If a Subclass 188 visa in the Investor stream is granted to an applicant who was
               invited to apply for the visa on or after 1 July 2021, condition 8557 must be
               imposed.

188.612
               If the applicant is granted a Subclass 188 visa in the Significant Investor stream
               or the Significant Investor Extension stream, condition 8557 must be imposed.

188.613
               If the applicant is granted a Subclass 188 visa in the Entrepreneur stream,
               condition 8571 must be imposed.
