| nly there is an expectation amongst parents of children | | | | 4 children and 2 were permanently resident in Australia, |
| in close knit families, particularly when a family is of | | | | the balance of family test would be satisfied. |
| humble means, that the children will grow up, gain a | | | | A person is considered the child of a parent if the |
| good education and be successful. Taking this one | | | | person is a child, adopted child or stepchild of the |
| step further those parents of Australian citizens or | | | | parent or of the spouse of the parent. A child can also |
| Australian permanent residents expect to be able to | | | | be the child of a parent if the child is the child of a |
| join their children in Australia as permanent residence | | | | former spouse of the parent if that child was adopted |
| and eventually as Australian citizens. | | | | by the parent before the parent became the former |
| Australian Migration Laws however do not allow | | | | spouse i.e. while the parent was the spouse of the |
| parents of every Australian permanent resident or | | | | former spouse. |
| every foreign born Australian citizen to migrate to | | | | In assessing children for the balance of family test the |
| Australia as a permanent resident. There are a | | | | following children are not to be considered the children |
| number of conditions that the parents have to fulfil or | | | | of the parent: |
| gateways that they successfully have to negotiate to | | | | - children who have been adopted by another person; |
| migrate to Australia. Some of the more important ones | | | | - a child who has been ordered by a Court to be |
| are discussed below. | | | | removed from the exclusive custody of the parent; |
| Balance of Family Test | | | | - children who have been recognised by UNHCR as |
| The "balance of family" test is defined in Regulation | | | | refugees and are in a refugee camp; |
| 1.05 of the Australian Migration Regulations. Briefly, to | | | | - children who are not able to be reunited in another |
| pass this test a parent must have at least half of his | | | | country with their parents and who are resident in a |
| or her children permanently residing in Australia | | | | country where they are subject of persecution and |
| (including eligible New Zealand citizens i.e. children with | | | | abuse of human rights; |
| subclass 444 visas) OR they must have the greatest | | | | - step children of a person if those children were born |
| number of children permanently residing in Australia | | | | after their parent and a step parent separated; |
| than in any other single overseas country. By way of | | | | - step children of a person if the children were over 18 |
| an example, a parent who has 5 children and 3 of | | | | years of age and their parent entered into a |
| them live in country A and 2 of them live in Australia, | | | | relationship with the step parent and relationship |
| that parent would not satisfy the balance of family | | | | between the parent and the step parent has ended by |
| test. However if the same parent has 1 child in country | | | | death, separation or divorce. |
| A, another child in country B and third child in country C | | | | Unless the "balance of family" test is satisfied, there is |
| and 2 children in Australia, that parent would satisfy the | | | | no flexibility in succeeding in an application for an |
| balance of family test. Further if the parent had 3 | | | | Australian permanent resident visa on the basis of |
| children in Australia and 2 in other countries then the | | | | being a parent of an Australian citizen, permanent |
| balance of family test will be satisfied. If the parent had | | | | resident or eligible New Zealand citizen. |