Guest Trishandchris Posted November 24, 2005 Share Posted November 24, 2005 Our agent has advised us to apply for a contributory parent visa but we feel we may fail the balance of family test. we were married Jul 05. My wife has two children age 20 & 22 and both born is Aus. The oldest child lives in Aus and the younger child lives in the UK. I have two children aged 19 & 21. Our agent says that my children are not counted for the test because they were over 18 at the time of our marriage. Does anyone have any experience of this ? :? Link to comment Share on other sites More sharing options...
Guest dmg+3 Posted November 25, 2005 Share Posted November 25, 2005 Hi Trish and Chris ask your daughter in australia to give the Immigration office a call on 131881, although its a push 1 for this and 2 for that there is a department devoted to family visas, just be sure to explain in really basic terms what it is you want and don't hang up until you've got the answers to all your questions. I rang them today about visas for my parents and they were very helpful. Let me know how you get on, as my parents are coming over for the first time next feb and will decide whether or not they want to make it permanent. Good Luck Deb Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted May 15, 2006 Share Posted May 15, 2006 Our agent has advised us to apply for a contributory parent visa but we feel we may fail the balance of family test. we were married Jul 05. My wife has two children age 20 & 22 and both born is Aus. The oldest child lives in Aus and the younger child lives in the UK. I have two children aged 19 & 21. Our agent says that my children are not counted for the test because they were over 18 at the time of our marriage. Does anyone have any experience of this ? :? Hi Trish & Chris I've only just joined this group, therefore I've only just seen this thread. I've had to do endless research on behalf of my widowed mother into exactly how the Balance of Family Test works because I have found that Agents all-too often interpret it wrongly, unfortunately. Chris, it depends on where your own children currently live, not on how old they were when you married Trish. Your own children are relevant to this test because you would be migrating as well and in the case of a couple, the children of each are counted as the children of both. So if one of your own children also lives in Oz and is a citizen or PR of Oz, with the other one in the UK or elsewhere (but not Oz) then you and Trish will be fine, because out of 4 "joint" children, 50% live in Oz. If not, then I think you would run into problems with this, because the test is applied very stringently. Where the applicant is single, as a result of death/divorce or permanent separation of or from their former spouse/partner, then any step-children of the applicant who are the natural children of the former spouse/partner, are no longer counted in the balance of family test if they are currently 18 or over. Best wishes Gill Link to comment Share on other sites More sharing options...
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