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Hong Kong Stream Secondary Applicant Places Being Sold Online
SBS Cantonese has reported posts on Chinese social media platform Xiaohongshu advertising the sale and purchase of secondary applicant places under Australia's Hong Kong Stream permanent residency pathways, with some asking prices reportedly reaching A$220,000.
These arrangements may expose both applicants and anyone assisting them to serious immigration and legal consequences.
What Is the Hong Kong Stream?
Australia's Hong Kong Stream permanent residency pathways were announced in 2021 and became available from 5 March 2022 for eligible Hong Kong and British National (Overseas) passport holders.
The pathways include the Subclass 189 Hong Kong Stream and Subclass 191 Hong Kong Stream, each with different eligibility requirements.
Eligible applicants may include members of their family unit in their application. Where a spouse or de facto partner is included, the relationship must satisfy the applicable legal requirements, including being genuine and continuing.
What Is Being Advertised?
According to SBS Cantonese, some online posts have advertised secondary applicant places or sought Hong Kong Stream primary applicants who are preparing to apply for permanent residency.
Other posts reportedly involve arrangements intended to establish a relationship for the purpose of obtaining permanent residency.
There is no lawful mechanism to buy or sell a place as a spouse or de facto partner in a Hong Kong Stream visa application.
Why Are These Arrangements High Risk?
If a person is included as a spouse or de facto partner, the relationship must genuinely meet Australia's immigration requirements.
Falsely representing a relationship, or providing false or misleading information or documents to the Department of Home Affairs, can have serious consequences.
Depending on the circumstances, these may include:
- visa refusal or cancellation;
- exclusion periods affecting future visa applications;
- potential criminal consequences; and
- significant consequences for other applicants included in the application.
These risks do not necessarily end once permanent residency has been granted.
What About English Requirements?
Adult applicants may need to provide evidence of Functional English or, where applicable, pay the second instalment of the visa application charge.
For IELTS, Functional English generally requires an average band score of at least 4.5, subject to the applicable requirements and other accepted ways of demonstrating English ability.
A private financial arrangement does not change the visa requirements that apply to an applicant.
Risks for People Assisting With These Arrangements
Anyone who knowingly assists with preparing or submitting false documents or materially false or misleading information may also face serious legal consequences.
Registered migration agents and Australian legal practitioners are also subject to professional and ethical obligations when providing immigration assistance.
Practical Steps If You Have Been Approached
- Do not agree to buy or sell a secondary applicant place.
- Do not provide false or misleading information about a relationship.
- If you have already entered into an arrangement, obtain legal advice before lodging or progressing a visa application.
- If you are a genuine Hong Kong Stream applicant and someone has approached you about purchasing a place in your application, seek advice before taking any further action.
Key Takeaways
- SBS Cantonese has reported Hong Kong Stream secondary applicant places being advertised online for as much as A$220,000.
- There is no legitimate process for buying or selling a spouse or de facto partner place in a Hong Kong Stream application.
- False relationship claims or misleading documents can lead to visa refusal, cancellation and future immigration consequences.
- People who knowingly assist with false information or documents may also face legal consequences.
- If you are considering the Subclass 189 or 191 Hong Kong Stream, make sure your application and family arrangements comply with the current requirements.
Planning your Hong Kong Stream pathway or including family members in your application?
Our migration lawyers can assess your circumstances, review your eligibility and help you understand the safest lawful pathway to Australian permanent residency.
Book a consultation with the Riverwood Migration legal team to review your options before you lodge.
This article provides general information only and does not constitute legal or migration advice. Visa requirements and individual circumstances vary.
The content of this article is intended for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. The information provided may not reflect the most current legal developments. For advice specific to your circumstances, please consult a registered Australian migration lawyer. For full terms governing use of this website and its content, please refer to our Website Terms and Conditions.
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As a regulated Australian migration law practice, Riverwood Migration provides precise, personalised advice on visa strategy, compliance, and application preparation. Speak with our expert legal team. Book a consultation to discuss your circumstances.
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