Meet the balance-of-family test
For some family migration visa you must meet the balance-of-family test. 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)
You meet the balance of family test if:
- at least half of your children and step-children are eligible children, or
- there are more eligible children living in Australia than in any other single country
Examples of how Balance-of-family test works.
Children are not counted if they:
- are deceased
- have been removed from their parents’ exclusive legal custody by adoption, court order or operation of law
- are registered by the United Nations High Commissioner for Refugees (UNHCR) as refugees and live in a camp operated by the UNHCR
- live in a country where they suffer persecution or human rights abuse and can’t 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.
If you apply for this visa as a retiree you don’t need to meet the balance of family test.
If you need immigration advise or assistance, please call 1300 10 50 50 or contact our consultants. You may also book an online appointment with our Lawyers or Migration Agents.