Detail Question Of The Week



Parent Visa - Balance of Family Test

Category:Partner visa

Question asked

With my current partner, we have one son who is Australian citizen and lives in Australia for 10 years. My partner had 2 children from a previous marriage who are over 18 years old. They have been remove from her custody by court order after her divorce since 1981. Moreover one of them has been adopted by her stepmother.

My question is, will I pass the balance of family test for a Contribute Parent Visa based on the following facts:

- 1 child Australian citizen living in Australia for more than 2 years; 2 stepchildren no longer in mothers custody by court order or
- 1 child Australian citizen living in Australia for more than 2 years; 1 stepchild no longer in mother's custody by court order and 1 stepchild adopted by her stepmother or
- 1 child Australian citizen living in Australia for more than 2 years; 1 stepchild living in France and 1 stepchild adopted by her stepmother

Thanks and regards
L

Answer provided by our agents

Dear L

Thank you for your email. The following information may assist you in working out if you will pass the balance of family test.

The balance of family test requires that at least half of your children live permanently in Australia, or that more of your children live permanently in Australia than in any other country.

The children that will be counted include: your children; children of your current partner; and you or your partner’s stepchildren from former partners, if the step-children are under 18 and you or your current partner have a legal responsibility to look after the
child.

Children who will not be counted are: children who are dead; children born by your partner from a relationship with another person while still in a relationship with you; children removed from your sole care and control by court order, adoption, or some other law, excluding marriage; children living in countries where they suffer persecution or human rights abuse; children living in another country where it is not possible for them to reunite with you; or children living as registered UNHCR refugees in UNHCR camps.

Now based on the above facts, please find below my answers:

- 1 child Australian citizen living in Australia for more than 2 years; 2 stepchildren no longer in mothers custody by court order:

Answer: Yes, as 2 stepchildren no longer in mother's custody by court order, your case will be considered as only one child in Australia.

- 1 child Australian citizen living in Australia for more than 2 years; 1 stepchild no longer in mother's custody by court order and 1 stepchild adopted by her stepmother

Answer: Yes, The step-relationship is severed when the marriage ends (with some exceptions for step-children under 18).

- 1 child Australian citizen living in Australia for more than 2 years; 1 stepchild living in France and 1 stepchild adopted by her stepmother.

Answer: Yes, again the step-relationship is severed when the marriage ends (with some exceptions for step-children under 18). So this case is like one 1 child Australian citizen+ 1 stepchild living in France which you will meet the balance of family test.

Should you need any more information, please reply this email or you can reach me on my mobile .Please arrange a time to have a discussion if you wish.

You will be given an option to contact me to hire my services once this question has been finalized.

If you need further services from myself or a registered migration agent, please contact Amy at amy.jacobson@ask-an-agent.com.au or visit https://www.ask-an-agent.com.au/visa-quote - and don't forget to mention your Question ID so that I can keep providing immigration services to you.

Best Regards

Migration Agent