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Balance of family test – Australian Parent Visa

The Australian Parent Visa is an attractive but highly restricted migration option. It allows the parents of children who either

A)
hold Australian citizenship,
B) Have permanent residency OR
C) are eligible New Zealand citizens; to live in Australia.

However the number of Parent Visas processed every year is quite small as they are deemed a low priority and so the Australian Government has formulated what is known as the Balance of Family Test for Australian Parent Visa to prioritise and restrict the provision of these Australian visas to only those with a clear and tight connection to Australia.

Balance of Family Test for Australian Parent Visa

What this test does is figure out exactly just how intertwined and linked these parents are to the children they have living in Australia.

This is done by looking at the family composition; the children’s numeric distribution as well as their geographical location in comparison to the parent. It is also determined by how many of the parent’s children are residing in Australia.

However it is important to note that immigration will not take into account the parent-child relationship itself or matters of culture.

 

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Balance Family Test of Australian Parent Visa
Australian Parent Visa

Requirements of the Balance of Family Test for Australian Parent Visa

 

To be eligible for a Australia Parent Visa, you must first pass the Balance of family test which has the following requirements:

 

The candidate (PARENT) MUST HAVE:

  • At least half of their children living permanently in Australia

OR

  • More children living permanently in Australia than in any other country

 

Children Accepted on the Balance of Family Test Include:

  • The applicant’s (parent’s) children as well as the partner’s children.

 This does include step children and adopted children.

 (Step Child is considered only as one of the following:

  • The child of your current partner,
  • the child of a previous partner, the child of a previous relationship of your current partner
  • or a child under 18 years, who is the legal responsibility of you and your current partner.

 To be eligible to be counted as part of the Balance of family test,

The applicant’s CHILD MUST:

  • Be an Australian citizen, Australian permanent residents or an eligible New Zealand citizen who on a normal basis lives in Australia.

And

  • If the child is to be the sponsor, this child must have lived in Australia for at least two years immediately before they can lodge the visa

 The applicant’s CHILD MUST NOT

  • Be decreased, residing in a country where they face prosecution or registered as a refugee under UNHCR.

 Other rules do apply and you can refer to the immigration website for more information.

Please see below table for an example:

Total number of children Number of children usually living in Australia Number of children usually living in countries other than Australia Meets 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

Graph credit: immi.gov.au

Different Types of Parent Visas and requirements

  • Australian Parent Visa (Subclass 103) (Non-contributory)

The Parent Visa subclass 103 is a permanent visa which allows you to stay in Australia indefinitely, however the processing period can be extremely long (up to 30 years) due to high demand.

However if your Parent Visa is granted, the benefits are manifold. Not only will you be entitled to work and study but you can also enrol in Australia’s health care scheme, Medicare. On top of this, you can become a sponsor for your relatives to obtain permanent residency and you may travel freely back and forth from Australia for five years without requiring any further visa.

To be eligible for Parent Visa (Subclass 103) – Non Contributory you must past this eligibility:

  • Be sponsored, most commonly by your child or partner of child who is either an Australian citizen, permanent resident or eligible New Zealand citizen over 18 years of age and who has been settled in Australia for more than two years prior to lodging the application.
  • Meet the Balance of Family test. (At least half of your children living permanently in Australia OR more children living permanently in Australia than in any other country.
  • Be able to pass the required health and character checks

In the situation that your child is under the age of 18, you may be sponsored by either of the following:

  • A relative/ guardian of your child. Must be 18 or older, a permanent resident or Australian or eligible New Zealand citizen.
  • Your child’s partner, provided they are 18 or older, a permanent resident or Australian or eligible New Zealand citizen.
  • A relative of your child’s partner. Once again, provided they are 18 or older, a permanent resident or Australian or eligible New Zealand citizen.
  • An Australian community/social organization
  1. Australian Aged Parent Visa (subclass 804) (Non-contributory)

The Aged parent visa subclass 804 offers permanent residency to senior and elderly parents providing they have a child who is an Australian citizen, Australian permanent resident or an eligible New Zealand citizen who on a normal basis lives in Australia.

It provides access to Medicare and gives the applicant full Australian work rights. However like the subclass 103 parent visa, there is a high demand for this visa and yet it is considered low priority so you must wait in a queue for it to be approved. This can take up to 30 years!

To be eligible for Aged Parent Visa (subclass 804) – Non Contributory you must pas the following eligibility:

  • Be sponsored, usually by your child who is either an Australian citizen, Australian permanent resident or an eligible New Zealand citizen and who has lived in Australia for 2 years prior to lodging the application.

Your sponsoring Child must provide a written statement/agreement to provide support to you for the first two years of your temporary residence in Australia.

  • Meet the age requirements (Old enough to be granted an Australian Age Pension- Men 65 years +. For women this varies slightly, between 64- 65 years old, depending on date of birth)
  • Pass the Balance of Family Test (At least half of your children living permanently in Australia OR more children living permanently in Australia than in any other country.
  • Pass any health and character tests
  1. Australian Contributory Aged Parent (Temporary) Visa (Sub class 884)

The Contributory Aged Parent visa subclass 884 offers temporary residence to senior and elderly parents for up to 2 years, providing they have a child who is an Australian citizen, Australian permanent resident or an eligible New Zealand citizen who on a normal basis lives in Australia. Once granted, it also provides access to Medicare and full work rights.

Compared with the standard Parent Visa subclass 103, this visa gives the option of a much shorter processing period (only about 2 years or less) but you should also expect to pay a far higher application lodgement charge. However it is temporary and non-extendable so in order to gain permanent residency, one must later apply for a Permanent Contributory Aged Parent Visa (subclass 865) before the visa expiry date.

It is an absolute must that you’re in Australia when you lodge and apply for this visa, but first you should check the conditions and clauses on your temporary visa (example; visitor visa) and see if it allows you to apply for other visas.

To be eligible for Australian Contributory Aged Parent (Temporary) Visa – Sub class 884 you must meet the following eligibility:

  • Be sponsored, usually by your child who is either an Australian citizen, Australian permanent resident or an eligible New Zealand citizen and who has lived in Australia for 2 years prior to lodging the application.

Your sponsoring Child must provide a written statement/agreement to provide support to you for the first two years of your temporary residence in Australia.

  • Meet the age requirements (Old enough to be granted an Australian Age Pension- Men 65 years +. For women this varies slightly, between 64- 65 years old, depending on date of birth)
  • Pass the Balance of Family Test (At least half of your children living permanently in Australia OR more children living permanently in Australia than in any other country.
  • Pass any health and character tests
  1. Australian Contributory Parent (Temporary) Visa (Subclass 173)

In a similar manner to the subclass 884 visa, the Contributory Parent Visa subclass 173 provides temporary residence to a parent for up to 2 years provided they pass the Balance of family test and have an appropriate sponsor.

As in the case of all parent visas, this sponsor must be the parent’s child or the child’s spouse who is either an Australian citizen, Australian permanent resident or an eligible New Zealand citizen and who themselves have lived in Australia for 2 years prior to lodging the application.

What makes this temporary visa an attractive alternative to the permanent options (subclasses 103 & 804) is that it has a much faster processing time and when granted, there is the option of applying for the permanent contributory Parent visa (subclass 143) after two years anyway. However once again, this fasting processing increases the visa price a lot.

You may meet the eligibillity requirements for Contributory Parent Visa if you have the following:

  • Be sponsored, usually by your child who is either an Australian citizen, Australian permanent resident or an eligible New Zealand citizen and who has lived in Australia for 2 years prior to lodging the application.

Your sponsoring Child must provide a written statement/agreement to provide support to you for the first two years of your temporary residence in Australia.

  • Pass the Balance of Family Test (At least half of your children living permanently in Australia OR more children living permanently in Australia than in any other country.
  • Pass any health and character tests

To apply for a Parent visa or enquire about your eligibility, take the first step towards the Australian dream and contact us at [email protected] .[/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]

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