Law Articles And Legal Issues

Immigration Law - What To Do With Our Parents?

Commonly there is an expectation amongst parents of children in close knit families, particularly when a family is of humble means, that the children will grow up, gain a good education and be successful. Taking this one step further those parents of Australian citizens or Australian permanent residents expect to be able to join their children in Australia as permanent residence and eventually as Australian citizens.

Australian Migration Laws however do not allow parents of every Australian permanent resident or every foreign born Australian citizen to migrate to Australia as a permanent resident. There are a number of conditions that the parents have to fulfil or gateways that they successfully have to negotiate to migrate to Australia. Some of the more important ones are discussed below.

Balance of Family Test

The "balance of family" test is defined in Regulation 1.05 of the Australian Migration Regulations. Briefly, to pass this test a parent must have at least half of his or her children permanently residing in Australia (including eligible New Zealand citizens i.e. children with subclass 444 visas) OR they must have the greatest number of children permanently residing in Australia than in any other single overseas country. By way of an example, a parent who has 5 children and 3 of them live in country A and 2 of them live in Australia, that parent would not satisfy the balance of family test. However if the same parent has 1 child in country A, another child in country B and third child in country C and 2 children in Australia, that parent would satisfy the balance of family test. Further if the parent had 3 children in Australia and 2 in other countries then the balance of family test will be satisfied. If the parent had 4 children and 2 were permanently resident in Australia, the balance of family test would be satisfied.

A person is considered the child of a parent if the person is a child, adopted child or stepchild of the parent or of the spouse of the parent. A child can also be the child of a parent if the child is the child of a former spouse of the parent if that child was adopted by the parent before the parent became the former spouse i.e. while the parent was the spouse of the former spouse.

In assessing children for the balance of family test the following children are not to be considered the children of the parent:

- children who have been adopted by another person;

- a child who has been ordered by a Court to be removed from the exclusive custody of the parent;

- children who have been recognised by UNHCR as refugees and are in a refugee camp;

- children who are not able to be reunited in another country with their parents and who are resident in a country where they are subject of persecution and abuse of human rights;

- step children of a person if those children were born after their parent and a step parent separated;

- step children of a person if the children were over 18 years of age and their parent entered into a relationship with the step parent and relationship between the parent and the step parent has ended by death, separation or divorce.

Unless the "balance of family" test is satisfied, there is no flexibility in succeeding in an application for an Australian permanent resident visa on the basis of being a parent of an Australian citizen, permanent resident or eligible New Zealand citizen.

Frank Egan is the Chief Executive Officer of LAC Lawyers Sydney http://www.laclawyers.com.au and has over 27 years of experience as a lawyer.

Other Article Sites

findabook.com  moneycd.info  a-mortgage.info   about-lemon-laws.info  aboutstudentloans.info
all-about-publishing.info  auctions-articles.info  bestcollege-university.com  bestispconnection.com
biblefolder.com  blogger-website.com  books-used.info  brokers-guide.info  buywindows.info  cable-dsl.info
career-miner.com  carpel-tunnel.info  cashinaflash.info  cashloanreviews.info  casinobell.com  chat-house.info
clearmycredit.info  collegeloantips.info  crones.info  depression-articles.info   dirnic.net  dishguides.info
divers-below.com  expodog.info   financewizz.com  fire-insurance.info  getgood.info  handleit.net   it-idea.info
health-supplies.info  hosting-right.com  insidealert.com  insurance-facts.info  jobs-employment.info
justgood.info  lookgold.net   lowcost-travel.info  money-source.info  myhostzone.info  numisblog.com
peoplesearchfinder.info  pr-articles.info  realeas.com   refinancing-guides.info  spyware-remove.info
telelot.info  the-law.info   toppaid.info  travel-deals.info  travelcorrect.com  wedding-guide-site.com
your-blog.info  your-credit.info

Other Law Sites
Search The Internet For Other Law Sites

Law Books
Search For Law Books At FindaBook.com

How to Choose a Quality Product Liability Attorney
Whether you?ve been recently injured by a manufacturer or seller?s product or are a seller whose manufactured or sold item might have caused an injury, you should consider contacting an experienced product liability attorney to assist you. A product liability attorney can help you evaluate your case and determine whether you have a claim for damages or a defense from a claim. In this article, we will help you find a qualified product liability attorney to suit your needs.

Personal Injury Attorney That Helps A Victim To Get The Compensation
One time or another everyone get injured, whether its a slip or fall, vehicle accident or some other kind of accident, we all cope with it. if you thinks that your injury is the result of a simple accident or if its minor, you may still be unrestricted to compensation, if you have missed your work, acquire medical bills, develop some disability.

Boat Accident Lawyer to the rescue
Recently, Fox News reported a boating accident in California. Four men was reported missing and presumed to be dead after a boat, which was said to be overloaded, capsized and sank in a canal of the Sacramento-San Joaquin delta.

Legal Help for Asbestos Exposure
Lawyers are the most helpful people you can turn to when you need legal help. It may not exactly be the most loved profession but they will always drive you through your case, whether it ends up on a full trial or if you are opting for a settlement. They may at times show no conscience but they are the ones standing before and beside you during the trial, helping you in all ways possible to make the case strong and win it.

Telework Coalition Renews Its Call to Congress to Remove the Penalty Tax on Interstate Telecommuting
Group says abolishing the telecommuter tax can slow global warming, boost rural economies, benefit service disabled war veterans, and limit the devastating impact of future man-made or natural catastrophes

Top Gun DUI Defense Attorney Myles L. Berman Speaks Out on The Al Rantel Show Broadcasting Live from LA
On Thursday, July 3, 2008 at 7:00 p.m. The Al Rantel Show on 790 KABC AM Radio, Los Angeles* frequent talk radio guest Myles L. Berman talks candidly with Al Rantel to help inform listeners especially during the Fourth of July Holiday Weekend on DUI Laws, personal rights, DUI police hideouts and checkpoints.

Getting Legal Help for an Asbestos Related Injury
Asbestos is a material that was widely used in a range of everyday items up until the late 1970s and early 1980s. Millions of people were exposed to this material on a daily basis, but those exposed to the highest levels were people that worked with asbestos in one form or another.

NAMWOLF Welcomes Quateman LLP to its Law Firm Membership
The National Association of Minority and Women Owned Law Firms (NAMWOLF) recently welcomed Quateman LLP, a nine-attorney, AV-rated, women-owned business law firm based in Los Angeles, to its Law Firm Membership.

Loan Protection Can Give A Tax-Free Income
Loan protection can give the policyholder a monthly income, which is tax-free A policy would insure against the policyholder being made unemployed by such as redundancy

What can a Los Angeles Truck Accident Lawyer do for you?
Truck Accidents

Law, Tax and Accounting ? Allen Barron Inc. Says Integration Is The Key To Success
Law, Tax and Accounting ? Allen Barron Inc. (http://www.allenbarron.com) Says Integration Is The Key To Success. Janathan Allen and her business partner Richard Barron decided to join forces to create a company as well as a vision for effectively and efficiently meeting the needs of businesses of all sizes; a company that would address business related solutions from both a legal and accounting/tax standpoint. They knew they needed information to be centralized, rather than in fragmented pieces, files and departments, but they had no idea that they would not only be eliminating the disconnect between legal and accounting experienced by most busi...

Law Enforcement Asks For Help from Cell Phone Retailers
The National Association of Triads, Inc. (NATI), an affiliate organization of the National Sheriffs' Association (NSA), is seeking cell phone stores across the country to help in its cell phone recycling collection program.

Money Services Businesses Get Online Help to Meet Legal Obligations, Manage Risk
MSB Compliance, Inc. today launched a website to assist money services businesses with Bank Secrecy Act / Anti-Money Laundering compliance. The site features compliance guides, news, advice and forums to help members meet their legal obligations. Membership is free.

Big Name Directors Sanction Runaway CEO Compensation: Delaware Journal of Corporate Law Publishes Challenge to Sarbanes-Oxle
"Do boardrooms dominated by independent directors improve financial performance for shareholders--or hinder it?" Eric Fogel, a senior partner with Schuyler Roche & Zwirner, a Chicago-based law firm, recently asked this question in exploring the efficacy of the Sarbanes-Oxley Act of 2002, the federal law requiring publicly traded companies to improve accountability and internal controls.