In an earlier post we looked at the balance of family test, which is a requirement to be met by those applying for a parent visa.
The technical requirement is that a parent will meet the balance of family test if at least half of the parent’s children and step-children are “eligible children” or there are more “eligible children” than children living in any other single country.
The Migration Regulations define an eligible child as a child of the parent who is:
- An Australian citizen, or
- A permanent resident usually resident in Australia, or
- An eligible New Zealand citizen usually resident in Australia
Importantly, there is no requirement that an Australian citizen has to be usually resident in Australia.
This means that an intending applicant for a parent visa who has an Australian citizen child residing in (say) the UK, and who has no other children will meet the balance of family test.