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Balance of Family Test - Eligible New Zealand citizen
Old 7th January 2014, 08:46 PM   #1
jjtaj
 
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Default Balance of Family Test - Eligible New Zealand citizen

I want to sponsor my parents for a Contributory Aged Parent Visa. My dad's 65 and my mum's 60.

I've been an Australian citizen for 8 years.

I have one sister living in the US (not an Aussie citizen or PR holder) and the other is a New Zealand citizen who has been living in Australia for the past 3 years. She has her own house and is settled here with her kids.

My question is if we would meet the Balance of Family test?

It's getting confusing because when my sister called the immigration helpline early last year she was told that as she "usually resides" in Australia we meet the BoF test.

However when I called them this week I was told we didn't meet the BoF test.

A similar thing happened when I called them about the age requirements. On New Year's Eve was told my parents weren't eligible as both parents had to be "aged". When I called back this week was told only the main applicant had to be aged.

I tried to organise a consultation with a migration agent but was told there was no point as we didn't meet the BoF test.

Can anyone offer any advice?
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Old 8th January 2014, 11:29 AM   #2
nvoorst
 
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You should not not rely on any of the advice provided by DIBP over the phone, as it is often incorrect and/or contradictory.

In regards to aged parent visas,only the main applicant needs to be "aged".

In order to meet the Balance of Family test, your sister would have to become an Australian Permanent Resident or an Australian Citizen (unless she is an eligible NZ Citizen, which is unlikely, as she has been here only 3 years).

See details below :

The sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The sponsor needs to have been living lawfully in Australia for at least two years before you apply for this visa.

The balance-of-family test:

at least half of your children live permanently in Australia or more of your children live permanently in Australia than in any other country.

To be counted as usually living in Australia, your children must be one of the following:

Australian citizens
Australian permanent residents who usually live in Australia
eligible New Zealand citizens who usually live in Australia.
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Old 9th January 2014, 12:30 PM   #3
jjtaj
 
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Thanks for replying Nick.

I was just frustrated with the DIBP helpline as I thought they would be the source of all truth for visa rules. But it sounds like they're just providing their own interpretations of the rules. I even considered going to the DIBP office here in Brissie but don't think that would help if all we're going to get is the counter person's interpretation of the rules.

My sister used to have an Australian PR which is expired now. Fingers crossed maybe it can be renewed.

Thanks.
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Old 10th January 2014, 07:56 AM   #4
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The only thing you can rely on are the Migration Regulations. If your sister had PR previously, that would definitely be something to pursue. Get some professional advice though, because these are complex issues...
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Old 13th March 2018, 12:01 AM   #5
Noelle
 
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The sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The sponsor needs to have been living lawfully in Australia here
 for at least two years before you apply for this visa.
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Old 25th April 2018, 08:01 AM   #6
nvoorst
 
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Quote:
Originally Posted by Noelle View Post
The sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The sponsor needs to have been living lawfully in Australia here
 for at least two years before you apply for this visa.
Including a link to a betting site is pretty pathetic. Go and hijack some other forum...
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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances. Migration advice can only be provided after a contract has been entered into and the required fee has been paid.
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