Our agents are Go Matilda but our contact Stephen Dickson is on holiday for two weeks and we really need some advice.

We are going to Perth next year as permanent residents and my Mum in Law needs to come too. Big problem being that she does not meet the BOF test rules.

She is aged 73 lives on her own (her partner of 25 years having passed away last year). She has two daughters who both live outside UK and and another son in the UK. My mother passed away last year so we rely on each other for support and help for our children.

Is there any glimmer of hope that a permanent visa may be granted her on compationate grounds?

She is in good health.

Any info greatly appreciated.

Hi there

If our own experience is anything to go by, there are no exceptions to the Balance of Family Test. My own mother was prevented from migrating for about 13 years because she has a daughter in Oz (my sister) a daughter in the UK and a UK-based step-daughter. All 3 of us were treated as Mum's "children" and that, unfortunately, was that.

We had a very lucky break in that they altered the definition of "step-child" some years later. Apparently it was not meant to alter the way the step-child was treated in the BoF Test but it had the un-intended effect of doing so, so permanent migration finally became possible for my Mum.

We found that there are no compassionate grounds involved. It is a straight head-count of the children and then a count of how many live in Oz and how many don't.

They would allow M-i-L to make extended visits to Oz, but they would not let her use a series of back-to-back long stay tourist visas as a means of "living" in Oz.

http://www.immi.gov.au/visitors/tourist/676/index.htm

The website says that those of 70 or over must have medical insurance for the subclass 676 visa. The reciprocal health care agreement between the UK and Oz counts as medical insurance for this purpose:

http://www.medicareaustralia.gov.au/public/migrants/visitors/index.jsp

Because M-i-L is 70 or over, she would have to get her own GP to complete a simple form of medical certificate, which is here:

http://www.uk.embassy.gov.au/lhlh/health.html

Apparently the Balance of Family Test was introduced in the mid-1980s. I can't see them abandoning it after so long.

If there any chance of one of your husband's siblings being persuaded to migrate to Oz?

Best wishes

Gill

Hi gill
its Jeanette here , what if one son is a person who suffers from epilepsy and doesnt live near and my sister actually lives in Spain but is over here in a rented place to work just to gain some money to take back to Spain to do the house up how would we come off as Im the one who sees my mum everyday and if theres any probs Im the one who sorts it out.
Jeanette

Hi Jeanette

They don't start considering which countries the children are in until one gets 5 or more children:

http://www.immi.gov.au/migrants/family/103/balance-family.htm

Also, the quality of the relationship between Parent and Child is, unfortunately, ignored.

Best wishes

Gill

quote:

Originally posted by Bappymills:
Our agents are Go Matilda but our contact Stephen Dickson is on holiday for two weeks and we really need some advice.

We are going to Perth next year as permanent residents and my Mum in Law needs to come too. Big problem being that she does not meet the BOF test rules.

She is aged 73 lives on her own (her partner of 25 years having passed away last year). She has two daughters who both live outside UK and and another son in the UK. My mother passed away last year so we rely on each other for support and help for our children.

Is there any glimmer of hope that a permanent visa may be granted her on compationate grounds?

She is in good health.

Any info greatly appreciated.

In Stephen's absence please feel able to telephone my colleague Lorraine Beaumont via our Southampton office - T 023 80 30 2525.

Best regards.