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Tiamilo

Family balance test

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Hi, 

I have not posted on here for along time as we have lived in Australia for nearly 8 years. We are just about to do our Citizenship test. I was just wondering if anyone had been in a similar situation. My Mum remarried when I was 15 and my dad adopted me soon after as my biological Dad wasn't on the scene. My Dad has two daughters from a previous marriage but they have not been on the scene since I was 18. (30 Years) Unfortunately my Dad has been diagnosed with terminal cancer and I am due to fly back to the UK in the next week or so to be with my parents at this difficult time. I have a feeling my parents may have talked about my Mum moving out to Australia to be with us as she will have no other family around her. This would be fine with us but due to my Dad's other children we have been told this could not happen. My question is, the fact his children have not been around for 30 years and even when they were it was only for 3 years after my parents married and they can not be contacted, could this be argued against or are the rules so set in stone that there is no leeway?

Any advice would be great so that I have a clearer picture before I go.

 

Thank you

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There are long stay visa available for parents, for which the balance of family rule does not apply.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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For the BOF test, there is no leeway.  Regardless of whatever relationship exists/doesn't exist between the parent and child, they are still considered in the BOF test.

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32 minutes ago, MaggieMay24 said:

For the BOF test, there is no leeway.  Regardless of whatever relationship exists/doesn't exist between the parent and child, they are still considered in the BOF test.

Does this include adult step- children who are not biologically related and have never lived with their stepmother? (My Mum!)

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1 hour ago, MaggieMay24 said:

For the BOF test, there is no leeway.  Regardless of whatever relationship exists/doesn't exist between the parent and child, they are still considered in the BOF test.

Surely that only applies while the OPs stepfather is still alive? Once he dies then the OP's mother will then pass the BOF test. I think that is what the OP is asking about - getting her mother to Australia after her husband has passed away.

The definition of 'Step-child' is 'your current partner's child' according to https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/contributory-aged-parent-864/balance-of-family-test . When she is a widow, she will not have a current partner, will she?

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1 hour ago, NickyNook said:

Surely that only applies while the OPs stepfather is still alive? Once he dies then the OP's mother will then pass the BOF test. I think that is what the OP is asking about - getting her mother to Australia after her husband has passed away.

The definition of 'Step-child' is 'your current partner's child' according to https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/contributory-aged-parent-864/balance-of-family-test . When she is a widow, she will not have a current partner, will she?

Yes this is what I am asking. Thank you. 

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The rules are set in stone, but as mentioned above, the rules say that (if over 18) a step-child is "the child of the parent's current spouse or de facto partner".

So, "if the relationship between the step-parent and the child’s parent ceases, the step-relationship between the step-parent and the child also ceases. The relationship may be severed by divorce or separation or because the parent has died."


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. 

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22 minutes ago, paulhand said:

The rules are set in stone, but as mentioned above, the rules say that (if over 18) a step-child is "the child of the parent's current spouse or de facto partner".

So, "if the relationship between the step-parent and the child’s parent ceases, the step-relationship between the step-parent and the child also ceases. The relationship may be severed by divorce or separation or because the parent has died."

Thank you, that is how I read it too. 

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