..another balance of family test question...

[malJohann]

Here's another balance of family test question; MIL has one child in Aus, three in SA (one dependent, one adult, another adult from her current marriage but with another mother). MIL comes to Aus with dependent child in tow on a holiday visa and applies onshore for a Parental Visa. Does that pass muster or no?

[AndreaL]

I don't think so, but hopefully someone more certain will give you a definitive reply. I believe that adopted children count too, so not sure about the child from another mother.

The balance of family test requires that at least half of your
children live permanently in Australia, or that more of your children
live permanently in Australia than in any other country.

In order to count as living permanently in Australia, your children must be:

• Australian citizens
• Australian permanent residents who are usually resident in Australia
• eligible New Zealand citizens who are normally resident in Australia.

They don't live permanently in Australia but will be here on tourist visa.

All children, including step children and adopted children, of both
parents are counted in the balance of family test, unless the limited
circumstances listed below apply.

Note: A step-child is a child:

• of applicant's current partner
  or
• aged under 18 and a child of a former partner of the applicant, or a
  former partner of the applicant's current partner, and the applicant or
  the applicant's partner has a legal responsibility to look after the
  child.

Is her husband applying too or only her?

More here

[HadEnoughofJuju]

Andrea is unfortunately right about that one. We had a look at the parent visa for my mum and she is disqualified because of the fact that she has four kids. Three from the first marriage and me from the second. 2 in South Africa, 1 in Australia and 1 in the UK. You have to have at least half of your children in Australia as either permanent residents or citizens to meet the balance of children test. The child in tow would already need to be a resident or citizen in Australia from reading what DIAC say about it.

[malJohann]

The balance of family test it seems, does not relate to the age of the child, from reading the DIAC rules. One of the children is a step-child and already working and supporting himself. So, one child here in AU (my wife) and two in ZA, my sister-in-law and (very young, 10 year old) brother-in-law which is obviously still dependent on my MIL. Kind of disappointed that both of them being on-shore upon application doesn't have any bearing on the balance of family test.

[malJohann]

The other question is what now? We need to get my MIL over here if we're going to stay long term. She doesn't have anything that's on the skills list and economically its a battle for her. I know because we've been supporting her.

What other options do we have? Student visa? Do I really want to know how much it'll cost to keep her enrolled as an international student? Upgrade path to PR from a student visa? She's still under 50 years of age.

[miraclebabycaw]

Student visa might be an option if she enrolls in something that is on the skills in demand list. This is horrendously expensive though so I caution you as she has to pay international fees and they are very expensive. A friend of ours did it that way as his wife had a brother here and they could not get in, but the brother assisted and he studied. Cost them all their savings though including everything they got from their house sale back in SA.

Balance of family is very clear unfortunately. They can have 4 kids living in 4 diff locations and because the balance is not in Australia, they cannot come. It's ridiculous and sad and maybe one day they will change it, but for now that is the case.

Good luck