The funds being used to make the investment must be unencumbered and lawfully acquired. Lottery is a form of gambling. Gambling gains will not be accepted as meeting the lawfully acquired and unencumbered requirements and as a Policy it is considered as unacceptable risks to the SIV program. In case of gifts, where the relationship between the person gifting the funds/assets and the receiver of the gift is not of a parent/child relationship, it will not be accepted that the purported gifting arrangement is one with no obligation to pay back.
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What kind of settlement funds are approved for Australia's 188 SIV?
Does the 188c stream in Australia accept winnings from a public lottery? If so, what are the chances of being approved? I'd like to settle in Australia, but am at the same time a bit confused if I should select the 188c or 491 visa. Sources of funds will be the certificate issue by the company and bank transaction. Besides that what kind of settlement funds are required?
Answers
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The Subclass 188 visa will consider when and how the funds were acquired, how they have been managed and/or invested since. As there are changes pending in July 2021, you may look to confirm your eligibility and proceed, if feasible, in the near future.
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In assessing the ownership and source of assets used for a designated investment, officers may make inquiries into the source of funds of the initial capital for eligible investments as well as for the designated investment. If officers have concerns as to how the applicant accumulated funds for a bank deposit sufficient to generate the designated investment, they may make inquiries to satisfy themselves that the original funds were accumulated legally. Gifts, bequests and inheritance are acceptable sources of funds for making the complying significant investment. If the source of funds are claimed to be gifts, bequests or inheritance, the applicant must demonstrate that the funds were lawfully acquired. Failure to do so will result in the refusal of their application. In most circumstances, due to the high incidence of money laundering associated with gambling activity, an applicant will be unable to demonstrate that gambling gains were lawfully acquired. Gambling gains may include money obtained from casino games and odds betting on sports and horse or greyhound racing. However, public lottery wins are likely to be regarded as a legitimate source of funds for making the complying significant investment since the outcomes are relatively difficult to manipulate.