January 25th, 2024 at 01:13 am
Balance of Family Test for Australian Parent Visas | Australian Immigration Guide
As you research the eligibility requirements for a parent visa, you may come across the “balance of family test.” It is an essential prerequisite for applying for a parent visa, especially if you intend to live with your children in Australia or spend your retirement years with your loved ones. To avoid visa cancellation in Australia, you must first comprehend the complexities of the family balance test and its importance.
Section 105 of the Migration Act requires anyone applying for a parent visa, whether temporary or permanent, to satisfy the balance of the family test.
As a result, to obtain an Australian visa, candidates must pass the family balance test. Whether you are applying for a temporary visa or intend to live there permanently, you must meet the balance of the family test requirements. What matters here is to obtain accurate information on Australian immigration policies, as incomplete or inaccurate information may result in the cancellation or rejection of your visa.
Prepare to get the answers to your questions regarding the family balance test and what you must do to pass it.
What is the Balance of Family Test?
The balance of family test is used to assess a parent visa applicant’s family connections to their children living in Australia. It ensures that only candidates with strong ties to the nation receive parent visas. A father will pass the balance of family test if he has more “eligible children” than children living in any other country, or if at least half of his biological and stepchildren are “eligible children.” Do you want to know who can be counted in the family test? Let us find out together.
Who Is An Eligible Child?
A kid is regarded as eligible for the balancing test under Section 105(2) of the Migration Act if they are an Australian citizen, a permanent resident living in Australia, or a New Zealand citizen living in Australia. Children on temporary visas in Australia are ineligible since they are deemed residents of another country. Furthermore, missing children are presumed to be living in their last known nation of residence.
Who Is an Ineligible Child?
As long as an applicant and their spouse remain alive, their children are considered while calculating the family test balance. Children cannot participate in the family balance test if they:
- Have a temporary visa.
- Born outside of a committed partnership.
- Adopted or judicially decreed removal from parental custody.
- Living in a UNHCR refugee camp and officially registered as refugees.
- Living in a country where they are denied the opportunity to meet their parents or face human rights violations.
If the applicant has stepchildren (age 18) from a previous relationship and has a custody order or guardianship, they will be included in the balance of family test. However, if the applicant has stepchildren from their present relationship, they are included in the family test balance regardless of age.
Who is eligible for a parent visa?
The balance of family test assesses the level of attachment and connection between parents and their Australian-based children. This is accomplished by studying the family structure, the numerical distribution of the children, and their geographic position relative to the parents. In addition, the number of children residing in Australia serves as a criterion for the family balance test.
Given the difficulty in understanding how the Australian Immigration Authorities evaluate eligibility based on the children’s place of residence, they have produced a useful table with examples to simplify the process. Check out the table below.
Evaluation of Family Composition and Family Balance Test
If you apply for any of the following visas, you must pass the balance of the family test.
- Parent Visa (Subclass 103)
- Contributory Parent (subclass 143)
- Contributory Parent (subclass 173)
- Aged Parental Visa (Subclass 804)
- Contributory Aged Parent (subclass 864)
- Contributory Aged Parent Temporary Visa (subclass 884)
1. Parental Visa (Subclass 103)
It is a permanent visa that permits you to join your children in Australia. This type of visa allows you to live, work, and study in Australia. Furthermore, if you match the eligibility requirements for citizenship, you will receive it with this visa. You can also sponsor family members for permanent residency, and you will be able to travel freely within and outside of Australia for the next five years without needing to get another visa. To obtain a parent visa under subclass 103, you must meet the following qualifying requirements:
- Be able to pass the required character and health assessments.
- Sponsor your child or your child’s partner if they are an eligible New Zealand citizen over the age of 18, an Australian citizen, or a permanent resident who has lived in Australia for more than two years at the time of application.
- Meet the conditions for the family balance test. At least half of your children should live permanently in Australia, or there should be more permanent inhabitants in Australia than in any other country.
You should also read “Explore Australia Retirement Visa | Requirements and Cost.”
2. What to Do If the Child Is Under the Age of 18?
You might have one of the following sponsors if your child is younger than eighteen:
- Your child’s guardian or relative. In that instance, he must be a New Zealand citizen, an Australian permanent resident, or over the age of 18.
- Your child’s partner, if they are an Australian or eligible New Zealand citizen, a permanent resident, or both, and over the age of 18.
- A relative of your child’s spouse. Again, they must be Australian or qualified New Zealand citizens or permanent residents aged 18 or older.
3. Aged Parent Visa (Subclass 804)
The aged parent visa is for those who are at least sixty-six years old and have a child who is an Australian citizen, a permanent resident of Australia, or a qualifying New Zealand citizen who generally lives in Australia. You can stay permanently in the country and even apply for Australian citizenship. This visa allows you to access Australia’s healthcare system (Medicare).
To apply for this type of visa, you must complete the following requirements:
- You must pass the balance of the family test.
- You must meet specific health and character standards.
- To apply for an aged parent visa, you must be at least sixty-five. You must be sponsored by your children. Keep in mind that your child can only sponsor you if he is an Australian citizen, permanent resident, or eligible New Zealand citizen who has lived in Australia for at least two years before completing the visa application.
Important: There is a high demand for this visa, similar to the subclass 103 parent visa, but it is considered a low priority, so you will have to wait in line to obtain it. It can take up to 30 years. However, seeking professional assistance can save you a lot of trouble.
4. Contributory Aged Parent Visa (Subclass 884).
This is a temporary visa that allows the elderly parents of Australian citizens, permanent residents, or New Zealand citizens to stay in the nation for nearly two years. This visa also provides access to Medicare and other full work rights. This visa has a shorter processing time than the parent visa, subclass 103. However, submitting a visa application incurs an additional fee. Because this is a temporary visa, you can apply for a permanent contributory aged parent visa (subclass 865) before it expires to get permanent residence in Australia.
5. Contributory Parental Visa (Subclass 173)
It is also a temporary visa that allows a parent to stay in Australia for nearly two years if they meet the balance of family test conditions. Additionally, the child’s partner who is an Australian citizen, permanent resident, or New Zealand citizen must sponsor the father. The processing period for this visa is also quite short, which raises the visa cost.
Note: If you are applying for a Sponsored Parent Visa (Subclass 870), you are not required to pass the balance of the family exam. This is because the sponsored parent visa is a temporary guest visa that cannot be converted into a permanent one.
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