The balance of family test measures a Parent visa applicant’s family links to Australia.
Testing limits the relationship between parents of their children or stepchildren in Australia and ensures only those people with close connections to Australia are eligible for a parent visa.
A parent meets the balance of family test if they have more children or step children who have settled in Australia than children who are living overseas.
For example, if a couple have three children and one child is an Australian Permanent Resident and the other two children live overseas, they will not meet the ‘balance of family test.
If a couple have two children and one child is settled in Australia and one child is living in USA, they will meet the balance of family test.
As long as the number of children is equal to or greater than the children overseas that they can meet the balance of family test.
The children in Australia must be settled, living for a long time in Australia, and be a permanent resident. If they are on a temporary work visa they would not qualify as being settled in Australia.
The immigration department will consider children who have not been in contact with their parents for a long time. For example, if the couple have three children and one of them has not been in contact with is parents for 10 years and they are not sure where the child is living, the immigration department will still consider them when calculating the balance of family test. Their last known address will be used.
There is no waiver for this test, even in compelling or extraordinary circumstances.
You need to pass the test if you are applying for one of these visas:
- 103 – Parent
- 143 – Contributory Parent
- 173 – Contributory Parent (Temporary)
- 804 – Aged Parent
- 864 – Contributory Aged Parent
- 884 – Contributory Aged Parent (Temporary)
Children are not counted if they:
- Are dead/deceased
- Have been removed from their parents’ exclusive legal custody by adoption, court order or operation of law
- Are registered as refugees by the United Nations High Commissioner (UNHCR) and live in the camp conducted by the UNHCR
- Live in a country where they suffer persecution or human rights abuses and cannot be reunited with their parents in another country
A stepchild is:
- Your current partner’s child, or
- Your former partner’s child who is under 18 years of age and in relation to whom you have guardianship, custody or a parenting order in force under the Family Law Act 1975. Stepchildren born from polygamous or concurrent relationships are not counted in the balance of family test
Eligible New Zealand citizens
- You are an eligible New Zealand citizen if you arrived in Australia on a New Zealand passport and were:
- In Australia on 26 February 2001 and on that day you were holding the special category visa (SCV) holder, or
- In Australia for a period or periods totaling 12 months in the 2 years immediately before 26 February 2001, and returned to Australia after that day
- Assessed as SCV holders protected before 26 February 2001
For further information, pls contact Red Earth Migration at the earliest …