Visa subclass

Subclass 888 — Business Innovation and Investment (Permanent)

Current

Schedule 2 · Migration Regulations 1994

F2026C00497 · Compilation No. 287As in force on 1 June 2026

View on the Federal Register of Legislation

Provision: Subclass 888
As in force on: 1 June 2026
Citation: F2026C00497 · Compilation No. 287

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Subclass 888 — Business Innovation and Investment (Permanent)

Subclass 888—Business Innovation and Investment (Permanent)

888.1—Interpretation

888.111

In this Part: designated investment means an investment in a security that is specified for this Part by the Minister under regulation 5.19A. Note 1: For AUD, fiscal year, ownership interest and qualifying business: see regulation 1.03. Note 2: Regulation 1.03 also provides that member of the family unit has the meaning set out in regulation 1.12. Note 3: main business is defined in regulation 1.11. Note 4: For the beneficial ownership of an asset, eligible investment or ownership interest: see regulation 1.11A. Note 5: Complying investment is defined in regulation 5.19B. Note 6: Complying significant investment is defined in regulation 5.19C. Note 7: Complying premium investment is defined in regulation 5.19D.

888.2—Primary criteria

Note: The primary criteria for the grant of a Subclass 888 visa include criteria set out in streams. If an applicant applies for a Subclass 888 visa in the Business Innovation stream, the criteria in Subdivisions 888.21 and 888.22 are the primary criteria for the grant of the visa. If an applicant applies for a Subclass 888 visa in the Investor stream, the criteria in Subdivisions 888.21 and 888.23 are the primary criteria for the grant of the visa. If an applicant applies for a Subclass 888 visa in the Significant Investor stream, the criteria in Subdivisions 888.21 and 888.24 are the primary criteria for the grant of the visa. If an applicant applies for a Subclass 888 visa in the Premium Investor stream, the criteria in Subdivisions 888.21 and 888.25 are the primary criteria for the grant of the visa. If an applicant applies for a Subclass 888 visa in the Entrepreneur stream, the criteria in Subdivisions 888.21 and 888.26 are the primary criteria for the grant of the visa. 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.

888.21—Common criteria

Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 888 visa.

888.211

(1) The following persons must not have a history of involvement in business or investment activities that are of a nature that is not generally acceptable in Australia:

(a) the applicant (the primary applicant);

(b) the primary applicant’s spouse or de facto partner;

(2) This subclause covers a person if:

(a) at the time of application, the person was the spouse or de facto partner of the primary applicant; and

(b) the relationship between the primary applicant and the person has ceased; and

(i) the person;

(ii) a member of the family unit of the person who has made a combined application with the person or with the primary applicant;

(iii) a dependent child of the person or of the primary applicant.

888.212

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

888.213

The applicant genuinely has a realistic commitment to maintain business or investment activities in Australia.

888.214

(1) The following persons must have a satisfactory record of compliance with the laws of the Commonwealth, and of each State or Territory in which the applicant (the primary applicant) operates a business and employs employees in the business, relating to the primary applicant’s business:

(a) the primary applicant;

(b) the primary applicant’s spouse or de facto partner;

Note: Those laws include laws relating to taxation, superannuation and workplace relations.

(2) This subclause covers a person if:

(a) at the time of application, the person was the spouse or de facto partner of the primary applicant; and

(b) the relationship between the primary applicant and the person has ceased; and

(c) the Minister is satisfied that one or more of the following has experienced family violence committed by the primary applicant:

(i) the person;

(ii) a member of the family unit of the person who has made a combined application with the person or with the primary applicant;

(iii) a dependent child of the person or of the primary applicant.

888.215

(1) The applicant (the primary applicant) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4010, 4020 and 4021.

(2) If the primary applicant has turned 18 at the time of application, the primary applicant satisfies public interest criterion 4019.

(3) Each person who is covered by subclause (4), (5) or (6) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4010 and 4020.

(4) This subclause covers a person who is a member of the family unit of the primary applicant who is also an applicant for a Subclass 888 visa.

(5) This subclause covers a person (the relevant person) if:

(a) the relevant person was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant; and

(b) the relevant person is an applicant for a Subclass 888 visa; and

(c) the Minister is satisfied that one or more of the following has experienced family violence committed by the primary applicant:

(i) the relevant person;

(ii) a member of the family unit of the relevant person who has made a combined application with the relevant person or with the primary applicant;

(iii) a dependent child of the relevant person or of the primary applicant.

Note: For special provisions relating to family violence, see Division 1.5.

(6) This subclause covers a person if:

(a) the person was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant but is no longer a member of the family unit of the primary applicant; and

(b) the person is an applicant for a Subclass 888 visa; and

(7) Each person:

(a) who either:

(i) is a member of the family unit of the primary applicant and also an applicant for a Subclass 888 visa; or

(ii) is covered by subclause (5) or (6); and

(b) who had turned 18 at the time of the primary applicant’s application;

satisfies public interest criterion 4019.

(8) If a person:

(a) either:

(i) is a member of the family unit of the primary applicant and also an applicant for a Subclass 888 visa; or

(ii) is covered by subclause (5) or (6); and

(b) has not turned 18;

public interest criteria 4015 and 4016 are satisfied in relation to the person.

888.215A

(1) Each person:

(a) who is a member of the family unit of the applicant; and

(b) who is not an applicant for a Subclass 888 visa;

satisfies public interest criteria 4001, 4002, 4003 and 4004, and satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

(2) Each person:

(a) who was, at the time of the applicant’s application, a member of the family unit of the applicant but is no longer a member of the family unit of the applicant; and

(b) who is a member of the family unit of a person who is covered by subclause 888.215(5) or (6); and

888.216

(1) The applicant satisfies special return criteria 5001, 5002 and 5010.

(2) Each person covered by subclause 888.215(4), (5) or (6) who is an applicant for a Subclass 888 visa satisfies special return criteria 5001, 5002 and 5010.

888.22—Criteria for Business Innovation stream

Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 888 visa in the Business Innovation stream.

888.221

(1) The applicant has been in Australia, as the holder of one or more visas mentioned in the table in subitem 1104BA(4) of Schedule 1 (the relevant table):

(a) if the applicant is covered by any of subclauses (1A) to (1F)—for a total period of at least one year in the 2 years immediately before the application was made; or

(b) otherwise—for a total period of at least one year 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 1AA 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 visa mentioned in item 1 of the relevant table; and

(b) the applicant was invited, before 1 July 2021, to apply for the Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation stream held by the applicant.

(1C) The applicant is covered by this subclause if, at the time of application, the applicant met the requirements in item 1A of the relevant table.

(1D) 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, before 1 July 2021, to apply for the Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation stream held by the primary visa holder.

(1E) The applicant is covered by this subclause if, at the time of application, the applicant met the requirements in item 2A of the relevant table.

(1F) The applicant is covered by this subclause if:

(a) at the time of application, the applicant held the visa mentioned in item 3 or 4 of the relevant table; and

(b) if the applicant held the visa mentioned in item 3 of the relevant table—the visa was granted before 1 July 2021.

(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 one or more visas mentioned in item 1AA, 1 or 2 of the table in subitem 1104BA(4) of Schedule 1; and

888.222

(1) The applicant (the current applicant):

(a) had an ownership interest in at least one actively operating main business in Australia during the 2 years immediately before the application was made; and

(b) continues to have the ownership interest in the actively operating main business.

(2) If the current applicant acquired the ownership interest from another person who was an applicant for, or held, a Business Skills (Permanent) (Class EC) visa or a Business Skills (Residence) (Class DF) visa at the time of the acquisition, the current applicant must have held the ownership interest with that person as a joint interest for at least one year before the current applicant’s application was made.

888.223

An Australian Business Number has been obtained for each business mentioned in subclause 888.222(1).

888.224

Each Business Activity Statement required by the Commissioner of Taxation during the 2 years immediately before the application was made has been submitted to the Commissioner and has been included in the application.

888.225

(1) If the nominating State or Territory government agency has not determined that there are exceptional circumstances:

(a) the requirements in at least 2 of subclauses (2) to (4) are met; and

(b) the requirement in subclause (5) is met.

(2) The assets owned by the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, in the main business or main businesses in Australia:

(a) had a net value of at least AUD200 000 throughout the period of 12 months immediately before the application was made; and

(b) continue to have a net value of at least AUD200 000; and

(3) In the period of 12 months immediately before the application was made:

(a) the main business in Australia, or main businesses in Australia, of the applicant, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together provided employment in Australia to 2 or more employees for a total number of hours that was at least the total number of hours that would have been worked by 2 full-time employees; and

(b) each employee whose employment is used to work out that total number of hours:

(i) was not the applicant or a member of the family unit of the applicant during that period; and

(ii) was an Australian citizen, an Australian permanent resident or the holder of a valid New Zealand passport during that period.

(4) The business and personal assets in Australia 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) had a net value of at least AUD600 000 in the period of 12 months ending immediately before the application was made; and

(b) continue to have a net value of at least AUD600 000; and

(5) The main business in Australia, or main businesses in Australia, 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 an annual turnover of at least AUD300 000 in the 12 months immediately before the application was made.

888.226

(1) Subclause (2) or (3) applies.

(2) All of the following apply:

(a) the nominating State or Territory government agency has determined that there are exceptional circumstances;

(b) the requirements set out in at least 2 of subclauses 888.225(2) to (4) have been met;

(i) resides in an area specified by the Minister in an instrument in writing for this subparagraph; and

(ii) operates the applicant’s main business or businesses in Australia in the area.

(3) Both of the following apply:

(a) the nominating State or Territory government agency has determined that there are exceptional circumstances;

(b) the requirement set out in subclause 888.225(5) has been met.

888.23—Criteria for Investor stream

Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 888 visa in the Investor stream.

888.231

(1) The applicant has been in Australia, as the 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

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 of at least 2 years immediately before the applicant first withdrew funds from, or cancelled, the designated investment;

(iii) the designated investment was 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, during that period;

(iv) the applicant did not withdraw funds from, or cancel any part of, the designated investment outside of the concession period.

888.233

Unless the applicant is covered by any of subclauses 888.231(1A) to (1C), the applicant has held a complying significant investment for the whole of the period during which the applicant held a Subclass 188 visa.

888.24—Criteria for Significant Investor stream

Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 888 visa in the Significant Investor stream.

888.241

(1) If the applicant is covered by any of subclauses (1A) to (1D), at the time of application:

(a) the applicant has held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream for a continuous period of 4 years; or

(b) the applicant has held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream and one or more Subclass 188 (Business Innovation and Investment (Provisional)) visas in the Significant Investor Extension stream for a continuous period of 4 years; or

(i) has held, for a continuous period of 3 years and 11 months, a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream applied for before 1 July 2015; and

(ii) has not held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor Extension stream granted on the basis of the visa mentioned in subparagraph (i); or

(d) the applicant:

(i) has held a Subclass 188 visa in the Significant Investor stream that was granted before 1 July 2019; but

(ii) no longer holds the visa because the visa expired during a concession period.

(1AA) If, at the time of application, the applicant met the requirements in item 2 or 4 of the table in subitem 1104BA(5A) of Schedule 1 (the relevant table), a reference in subclause (1), (2A) or (2B) to a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream or the

Significant Investor Extension stream is taken to be a reference to a Subclass 188 (Business Innovation and Investment (Provisional)) visa granted on the basis that the applicant was the spouse or de facto partner of a person who held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream or the Significant Investor Extension stream.

(1A) The applicant is covered by this subclause if:

(a) at the time of application, the applicant held the visa mentioned in item 1A 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 visa mentioned in item 1 of the relevant table; and

(b) the applicant was invited, before 1 July 2021, to apply for the Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream held by the applicant.

(1C) 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, before 1 July 2021, to apply for the Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream held by the primary visa holder.

(1D) 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) The applicant meets the requirements of subclause (2A) or (2B).

(2A) 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 has held, for the whole of the period during which the applicant has held the visas or visa mentioned in subclause (1), a complying investment within the meaning of regulation 5.19B as in force at the time the application mentioned in paragraph (a) was made.

(2B) Both of the following apply:

(b) the applicant has held 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) for:

(i) if the applicant is covered by any of subclauses (1A) to (1D)—the whole of the period during which the applicant has held the visas or visa mentioned in subclause (1); or

(ii) otherwise—the whole of the period during which the applicant has held the visa on the basis of which the applicant met the requirements in an item of the relevant table.

(3) For any part of the investment mentioned in subclause (2A) or (2B) 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.

(4) The applicant has given the Minister:

(a) if subclause (2A) 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 (2B) 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).

888.242

(1) The applicant meets the requirements of subclause (2) or (3).

(2) The applicant has been in Australia for at least the number of days worked out by adding the results of paragraphs (a) and (b):

(a) 40 multiplied by the number of complete years in the period in which the applicant has held a Subclass 188 visa in the Significant Investor stream; and

(b) 40 multiplied by the number of years (if any) (treating a part of a year as 1 year) in the period in which the applicant has held a Subclass 188 visa in the Significant Investor Extension stream.

(2A) For the purposes of working out, under subclause (2), the number of days the applicant has been in Australia, the 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 held a Subclass 188 visa in the Significant Investor stream or a Subclass 188 visa in the Significant Investor Extension stream; and

(3) The applicant’s spouse or de facto partner has been in Australia on a Subclass 188 visa, granted on the basis that the applicant held a Subclass 188 visa in the Significant Investor stream or the Significant Investor Extension stream, for at least the number of days worked out by adding the results of paragraphs (a) and (b):

(a) 180 multiplied by the number of complete years in the period in which the applicant held a Subclass 188 visa in the Significant Investor stream; and

(b) 180 multiplied by the number of years (if any) (treating a part of a year as 1 year) in which the applicant held a Subclass 188 visa in the Significant Investor Extension stream.

(4) For the purposes of working out, under subclause (3), the number of days the applicant’s spouse or de facto partner has been in Australia, the spouse or partner is taken to have been in Australia during a period if:

(a) the spouse or partner was outside Australia during a concession period; and

(b) during the concession period the spouse or partner held a Subclass 188 visa, granted on the basis that the applicant held a Subclass 188 visa in the Significant Investor stream or a Subclass 188 visa in the Significant Investor Extension stream; and

Note: It is not necessary for the applicant to have been in Australia for 40 days in each year in the period or the applicant’s spouse or de facto partner to have been in Australia for 180 days in each year in the period.

888.25—Criteria for Premium Investor stream

Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 888 visa in the Premium Investor stream.

888.251

(1) At the time of application the applicant has held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Premium Investor stream for a continuous period of at least 12 months.

(2) For the whole of the period during which the applicant has held the visa mentioned in subclause (1), the applicant has held a complying premium investment (within the meaning of regulation 5.19D as in force at the time the application for that visa was made) except any part of the investment that is a philanthropic contribution.

(3) For any part of the complying premium investment (except any part of the investment that is a philanthropic contribution) that is, or was, a direct investment in an Australian proprietary company:

(a) the company was a qualifying business for the whole period; or

(b) 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.

(4) The applicant has given the Minister evidence that the investment complies with the requirements set out in regulation 5.19D as in force at the time of application.

888.26—Criteria for Entrepreneur stream

Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 888 visa in the Entrepreneur stream.

888.261

(1) At the time of application the applicant:

(a) holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream and has done so for a continuous period of at least:

(i) if the applicant was invited to apply for that visa before 1 July 2021— 4 years; or

(ii) otherwise—3 years; and

(b) either:

(i) if the applicant was invited to apply for that visa before 1 July 2021— has resided in Australia for at least 2 years of the 4 years mentioned in subparagraph (a)(i); or

(ii) otherwise—has resided in Australia for at least 2 years while holding a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream.

(1A) If:

(a) the applicant was outside Australia during a concession period; and

(b) during the concession period the applicant held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream (the qualifying visa); and

(d) the qualifying visa expired during the concession period while the applicant was outside Australia and before the application was made;

then the applicant is taken to satisfy paragraph (1)(a) at the time of application.

(1B) If:

(a) the applicant was outside Australia during a concession period; and

(b) during the concession period the applicant held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream; and

then, for the purposes of working out under paragraph (1)(b) the length of time the applicant has resided in Australia, the applicant is taken to have resided in

Australia during any period the applicant held the visa outside Australia during the concession period.

(2) The applicant has demonstrated overall a successful record of undertaking, whether alone or by participating in a business, activities of an entrepreneurial nature (disregarding activities specified in an instrument made under subregulation 5.19E(6) for the purposes of paragraph 5.19E(2)(b)):

(a) in Australia; and

(b) while holding a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream.

(3) In determining the success of the applicant’s record for the purposes of subclause (2), the Minister must have regard to the following (without limitation):

(a) the number of Australian citizens and Australian permanent residents that are employed in Australia in relation to the activities;

(b) the level and nature of ongoing funding of, or investment in, the activities;

(d) any endorsement of the applicant’s record by a body recognised by the nominating State or Territory government agency as a start-up incubator, start-up accelerator or other body that assists start-up businesses.

888.3—Secondary criteria

Note: These criteria are for applicants seeking to satisfy the secondary criteria. All criteria must be satisfied at the time a decision is made on the application.

888.31—Criteria

888.311

(1) The applicant meets the requirements of subclause (2), (3), (4), (5) or (6).

(2) The applicant meets the requirements of this subclause if the applicant:

(a) is the member of the family unit of a person (the primary applicant) who holds a Subclass 888 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and

(b) made a combined application with the primary applicant.

(3) The applicant meets the requirements of this subclause if:

(a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 888 visa, and the primary applicant has since been granted that visa; and

(b) the relationship between the primary applicant and the applicant has ceased; and

(i) the applicant;

(ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant;

(iii) a dependent child of the applicant or of the primary applicant; and

(d) the applicant:

(i) was in Australia at the time the applicant’s visa application was made; or

(ii) entered Australia after the applicant’s visa application was made.

(4) The applicant meets the requirements of this subclause if:

(b) the relationship between the primary applicant and the applicant has ceased; and

(i) the applicant;

(ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant;

(iii) a dependent child of the applicant or of the primary applicant; and

(d) the applicant:

(i) was in Australia at the time the applicant’s visa application was made; or

(ii) entered Australia after the applicant’s visa application was made; and

(e) the Minister has decided to refuse to grant the primary applicant the visa for reasons including that the primary applicant had engaged in conduct involving family violence (whether or not the family violence was against a person mentioned in paragraph (c)).

(5) The applicant meets the requirements of this subclause if:

(b) the relationship between the primary applicant and the applicant has ceased; and

(i) the applicant;

(ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant;

(iii) a dependent child of the applicant or of the primary applicant; and

(d) the applicant:

(i) was in Australia at the time the applicant’s visa application was made; or

(ii) entered Australia after the applicant’s visa application was made; and

(e) the Minister has decided to refuse to grant the primary applicant the visa for reasons that the primary applicant does not meet the requirements of clause 888.225, 888.232 or 888.242; and

(f) the primary applicant would have met the requirements of the clause had the relationship between the primary applicant and the applicant not ceased.

(6) The applicant meets the requirements of this subclause if:

(a) the applicant is a member of the family unit of a person (the secondary applicant) who meets the requirements of subclause (3), (4) or (5); and

(b) the applicant has made a combined application with the secondary applicant or the primary applicant mentioned in subclause (3), (4) or (5) (whichever applies to the secondary applicant); and

(c) a Subclass 888 visa has since been granted to the secondary applicant. Note: For special provisions relating to family violence, see Division 1.5.

888.312

(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 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.

888.313

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

888.314

(1) This clause applies if the applicant (the secondary applicant) meets the requirements of subclause 888.311(3), (4) or (5).

(2) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 888 visa satisfies:

(a) public interest criteria 4001, 4002, 4003, 4004, 4007, 4010 and 4020; and

(b) special return criteria 5001, 5002 and 5010.

(3) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 888 visa and who has turned 18 at the time of application satisfies public interest criterion 4019.

(4) Public interest criteria 4015 and 4016 are satisfied in relation to each member of the family unit of the secondary applicant who is an applicant for a Subclass 888 visa and who has not turned 18 at the time of decision.

(5) Each member of the family unit of the secondary applicant who is not an applicant for a Subclass 888 visa:

(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and

(b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the member to undergo assessment in relation to that criterion.

888.4—Circumstances applicable to grant

888.411

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.

888.5—When visa is in effect

888.511

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

888.6—Conditions

888.611

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.

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