All Australian Parent Visas need to satisfy the criteria of the Balance of Family Test before any parent visa can be granted.
What is the purpose of the Balance of Family Test for parent Visas in Australia?
Prioritizing eligibility for parent visas so that they are only awarded to parents who have strong ties to Australia is necessary due to the restricted number of parent visas that can be granted in each Migration Program year. The Balance of Family test, which is intended to ascertain the degree of the parent’s relationship to their children in Australia and guarantees that only individuals with close ties to Australia are eligible for parent visas, is created to accomplish this goal.
The balance of family test looks at the geographic location and numerical distribution of the applicants’ and their partners’ children as well as, if relevant, the children of either applicant’s ex-partners. The test doesn’t consider qualitative factors like the closeness or deterioration of parent-child interactions.
How is the Balance of Family Test met for Parent Visa?
A Parent who is an applicant for an Australian parent Visa will meet the Balance of Family test if at least half or more of the parent’s children and stepchildren are Australian citizens, Australian Permanent Residents, or Eligible New Zealand citizens usually resident in Australia.
Usual Residence for Australian Permanent Residents and eligible New Zealand Citizens for parent Visa
An Australian citizen child does not have to be usually a resident of Australia.
All children who are sponsors and are not Australian citizens must demonstrate must:
- Lawful & Permanent Residence; or
- Eligible New Zealand Citizen who is usually a resident.
Assessing Usually Resident for Parent Visa
All children who are Australian Permanent Residents or eligible New Zealand Citizens live in Australia and intend to reside in Australia indefinitely. An extended period of unbroken permanent residence is generally not counted favourably in the balance of the family test.
The time spent outside Australia for holidays, business, or employment is still counted as a usual residence. If a child resides in Australia only casually or intermittently, they would not be considered as usual resident in Australia.
If a Child’s whereabouts are not Known?
If the child’s whereabouts are not known, the child will be considered an ineligible child and therefore for Balance of family Test purposes will be considered a resident of overseas.
Does the status of children matter for Parent visa?
All children are counted regardless of their relationship status, or if they are dependent or independent for the purpose of the Balance of Family Test.
Do children outside a Partner relationship are counted for Parent Visa?
All children of the primary applicant of a parent visa even if they are born outside a partner relationship such as casual, or polygamous are considered children for Balance of family Test purposes.
But the children of the partner born outside any kind of relationship are not counted for the Balance of Family Test.
Are Stepchildren Counted for the Balance of Family Test for Parent Visa?
Regardless of the age of the child, stepchildren of the current spouse or de facto partner are counted for the Balance of the Family Test.
The child of the parent’s spouse or former spouse is only counted for the Balance of Family Test if they are under 18 years of age and the parent has a parenting, guardianship, or custody order for them.
Are Deceased children counted for the Balance of Family Test for Parent Visa?
Deceased children are not counted for the Balance of Family test for a Parent Visa.
Do children who are removed from the Parent count for the Balance of Family test for Parent Visa?
A child who has been removed from the exclusive custody of the parent by court order, adoption, or operation of law other than in consequence of marriage is not counted in the Balance of Family test.
Does the adopted child count for the Balance of Family test for the Parent Visa?
A child who has been adopted by a parent is counted for Balance of Family test purposes for Parent Visas.
Does the Refugee Child in a specified Refugee camp count for Balance of family Test purposes for parent visas?
A child who is registered by the United Nations High Commissioner for Refugees (UNHCR) as a refugee and is living in a camp operated by UNHCR is not counted for Balance of Family test Purposes.
Which parent visas are required to pass the balance of family test?
All onshore and offshore parent visas are required to pass the balance of family test.
The following subclasses need to satisfy the Balance of the family test:
Subclass 103 – Parent Visa
Subclass 143 – Contributory parent Visa
Subclass 173 – Contributory Parent (Temporary) Visa
Subclass 804 – Aged Parent Visa
Subclass 864 – Contributory Aged Parent Visa
Subclass 884 – Contributory Aged parent (Temporary) Visa
Examples of calculating if a parent is eligible for a parent visa under the Balance of Family Test
|Total Children||Children living in Australia||Children living in Country A||Children living in Country X||Children living in Country Y||Children living in Country Z||Balance of Family Test result, Pass or Fail|
Disclaimer: The above information is not tailored to personal circumstances.
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