If you are interested in relocating to Australia under one of the Parent Visa schemes, you must meet all of the requirements stipulated under the Balance of Family test established by the Department of Immigration & Border Protection. This particular test measures your ties to Australia.
To meet the Balance of Family test requirements, you must have at least 50% of your children residing in Australia permanently.
This means 50% of your children must be either Australian citizens, or they must be Australian permanent residents or eligible New Zealand residents who generally reside in Australia.
This is a mandatory requirement that the Department of Immigration & Border Protection will not waive under any circumstances.
If any of the applicant’s children are on a temporary visa and residing in Australia on that visa, they will not be considered as permanently living in Australia, and the parent cannot meet the Balance of Family test under those circumstances.
It is important to keep in mind that the Balance of Family test – the nature of the relationship the parent has with the child is not taken into consideration.
All children are counted in the balance of family test, including adopted children.
Stepchildren are counted if they are children of the applicant’s current partner or under 18 years of age and a child of the applicant’s former partner.
Children are not counted if they are removed from the parents’ legal custody by court order or adoption, or if they are registered as refugees and live in a UNHCR-operated camp. Deceased children are also not counted.
Please see the table below, which gives some clear indication of particular circumstances as to when a parent meets the “Balance of Family Test” and when they do not. This table displays how the location of the children can affect the parent’s ability to apply for a Parent visa for Australia.
|
Total number of children |
Number of children usually resident in Australia |
Number of children usually resident in countries other than Australia |
Passes balance of family test |
|||
| Country ‘A’ | Country ‘B’ | Country ‘C’ | Country ‘D’ | |||
|
1 |
1 |
Yes |
||||
|
2 |
1 |
1 |
Yes |
|||
|
3 |
1 |
2 |
No |
|||
|
3 |
1 |
1 |
1 |
No |
||
|
4 |
2 |
2 |
Yes |
|||
|
4 |
1 |
1 |
1 |
1 |
No |
|
|
4 |
1 |
2 |
1 |
No |
||
|
5 |
1 |
1 |
1 |
1 |
1 |
No |
|
5 |
2 |
1 |
1 |
1 |
Yes |
|
|
5 |
3 |
2 |
Yes |
|||
|
6 |
2 |
2 |
2 |
No |
||
Prior to lodging your visa application, it is wise to consult with a registered migration agent to ensure you meet all the visa requirements.
If you require any additional information regarding the Balance of Family test, please do not hesitate to contact us. We are always happy to help.