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 parental visa.
A parent fulfills the balance of family test if:
- at least half their children and stepchildren are eligible children, or
- there are more eligible children than children living in any other single country
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 counted in balance of family tests
You and your partner’s children, including stepchildren and adopted children, are counted in the balance of family testing.
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
Meaning of ‘eligible children’ and ‘ineligible Children’
A child is a qualified child if they are:
- An Australian citizen, or
- An Australian permanent resident usually lives in Australia, or
- A qualified New Zealand citizen usually lives in Australia
Any other child of the parent is an ineligible child. An ineligible child is taken to be resident overseas.
We do not consider children who are on temporary visas in Australia, as are usually resident in Australia.
If a child’s whereabouts are unknown, we consider they are resident in their last known usual country of residence.
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 totalling 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, Please contact Red Earth Migration at the earliest …