EB-188 Visa Grant: Conditions and Period

Where You Must Be at Grant

Under 188.411, at the time of visa grant you may be anywhere in the world, except in immigration clearance.

Visa Period

The standard EB-188 visa is valid for 4 years and 3 months from the date of grant — giving holders sufficient time to meet the requirements for the permanent EC-888 visa. Extension stream visas have different periods as described in the relevant sections above.

Payment of the Visa Application Charge

The visa application charge must be paid in accordance with the requirements set out in Division 2.2A. A second charge (VAC2) may apply in certain circumstances, such as where the applicant lacks functional English.

First Entry Date

For applicants who are outside Australia at the time of visa grant, the visa specifies a date by which they must first enter Australia. This date is usually tied to the validity period of their health or character assessments. If the date is likely to pass before a decision is made, or if it would leave insufficient time for the applicant to arrange travel, officers may consider requesting fresh health or character assessments earlier, or extending the first entry date.

EB-188 Specific Visa Conditions

Specific conditions apply to certain streams by law: Condition 8557 must be applied to all Significant Investor, Significant Investor Extension, and Premium Investor stream visas — requiring the visa holder to maintain the complying investment for the full duration of the visa. Condition 8571 must be applied to all Entrepreneur stream visas.

Other Visa Conditions

Condition 8515 (must not marry or enter into a de-facto relationship) is a discretionary condition that may be applied to certain EB-188 secondary applicants under 188.611(b).

Notification of Grant or Refusal

Decision notification must comply with the requirements of section 66 of the Migration Act.