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Watch out! For these reasons, their 188C (5 million investment immigrant) application for permanent residence was denied.

 
[Business Migration]     04 Mar 2018
Recently, many A $5 million immigrant 188C visa holders, after four years of waiting, began to enter the permanent residence (888C) phase. However, some applicants failed to meet the requirements of the immigration law, resulting in an unfortunate rejection of the 888C permanent residence application. New Town, in particular, summarized the following three main reasons to remind applicants for the...

Recently, many A $5 million immigrant 188C visa holders, after four years of waiting, began to enter the permanent residence (888C) phase. However, some applicants failed to meet the requirements of the immigration law, resulting in an unfortunate rejection of the 888C permanent residence application. New Town, in particular, summarized the following three main reasons to remind applicants for the second stage of A $5 million investment.


1. Wrong timing of visa application submission

Applicants who submit a 188c visa before July 1, 2015 are typically four years long. For such applicants, the 888C permanent residence application must have been held for more than three years and 11 months. At the same time, another requirement of the 888C permanent residence application is that at the time of submission, the applicant still holds an 188C visa (except in very exceptional circumstances). As a result, for those applicants who submitted 188C before July 1, 2015 (if they did not apply for an extension of the 188C visa), there is usually only a one-month window to submit applications for permanent residence, the month before the expiration of the 188C visa.

Therefore, it is very important to arrange a submission date. 888 C applications for permanent residence submitted before or after this one-month window period will be rejected.


2. Conversion investment interval of more than 30 days

Another requirement of the immigration law on the 888C permanent residence application is that compliance investments must be maintained throughout the four-year period of holding an 188C visa. The basic requirement is to maintain continuous investment. Of course, by allowing the conversion of investment products over a four-year period, such as one year from a compliance fund A to a compliance fund B, immigration laws typically treat investment conversions within a 30-day interval as a continuous investment. If the interval of conversion is more than 30 days, it cannot meet the requirement of continuous investment. If you submit an application under such circumstances, you can only get the result of being refused a visa in the end.


(3) non-compliance with housing requirements. The immigration law provides for an applicant to reside in Australia for no less than 160 days over a four-year period. There is no need to live for 40 days a year.

If you are a spouse to meet your residence requirements, you will have to stay for 720 days. It should be noted, however, that it is not possible to add up the number of days of residence between the spouse and the principal applicant, that is to say, the principal applicant can only choose to satisfy the residence requirements, or the spouse to meet the residence requirements, one of the two. In addition, the New Town should note in particular that the residence requirement is the requirement of the TOD, that is, the requirement to be met by the Visa Officer when deciding on the application, rather than the requirement at the time of submission of the application. So if you still don't meet your residence requirements at the expiration of the 188C visa, don't panic, let alone give up, as soon as possible for the new town consultant, we will find a way out for you!


Finally, summarize the basic requirements of the 888C application (submitted by 1 July 2015) as follows:

  • Hold a 188C visa for at least 3 years and 11 months before applying
  • Investment in compliance during the period of holding 188C visa; investment conversion interval does not exceed 30 days
  • Satisfaction of residence requirements: principal applicant has resided in Australia for not less than 160 days within 4 years; or spouse has resided in Australia for not less than 720 days during 4 years

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