Australia’s Parent visas offer a pathway for parents to reunite with their children who are living permanently in Australia. However, due to the limited number of parent visas granted each year, strict eligibility criteria apply. One of the key requirements of permanent Parent visas is the “balance of family test”, which ensures that only parents with a significant number of their children residing in Australia are eligible.
This test is based solely on the numeric distribution and geographical location of the applicant’s children. It does not consider factors such as the quality of the parent-child relationship, or cultural expectations regarding parental care.
This article will take you through what the “balance of family test” is, which visas it affects, and what it means for parents considering migration to Australia.
What is the balance of family test?
The balance of family test is a mandatory assessment used by the Australian Department of Home Affairs to measure a Parent visa applicant’s familial ties to Australia.
Generally speaking, a parent satisfies the “balance of family” test if:
- at least half of their children and stepchildren are ‘eligible children’, or
- more ‘eligible children’ live in Australia than in any other single country.
It is important to note that the balance of family test cannot be waived, even in compelling or exceptional circumstances.
Which visas must satisfy the balance of family test?
Applicants must satisfy the “balance of family” test when applying for one of the following visas:
- Parent (Subclass 103) visa;
- Contributory Parent (Subclass 143) visa;
- Contributory Parent (Temporary) (Subclass 173) visa;
- Aged Parent (Subclass 804) visa;
- Contributory Aged Parent (Subclass 864) visa; or
- Contributory Aged Parent (Temporary) (Subclass 884) visa.
Essentially – all permanent Parent visas must meet this requirement. The only Parent visa that does not need to satisfy this requirement is the Sponsored Parent (Temporary) (Subclass 870) visa.
Which children are counted?
The test considers both biological and legal relationships, including the applicant’s:
- applicant’s biological children;
- adopted children; and
- stepchildren (in specific circumstances).
A stepchild is only included in the balance of family test if they are:
- the child of the parent’s current partner; or
- the child of a former partner, provided that the applicant has guardianship, custody, or a parenting order under Australia’s Family Law Act 1975.
This means that stepchildren born from polygamous or concurrent relationships are not counted in the balance of family test.
Further, certain other children are excluded from the balance of family test calculation, including those who:
- are deceased;
- have been removed from their parents’ exclusive legal custody by adoption, court order, or operation of law;
- are registered as refugees by the United Nations High Commissioner for Refugees (UNHCR) and live in a UNHCR-operated camp; or
- reside in a country where they suffer persecution or human rights abuses and cannot reunite with their parents elsewhere.
Who is an ‘eligible child’?
A child is considered eligible if they are:
- an Australian citizen;
- an Australian permanent resident who usually resides in Australia; or
- an ‘eligible New Zealand citizen’ who usually resides in Australia.
Any other child is classified as ‘ineligible’, meaning they are considered to be living overseas for the purpose of the balance of family test. This means that temporary visa holders in Australia do not qualify as ‘usually resident’ for the purpose of the balance of family test.
In cases where a child’s whereabouts are unknown, they are assumed to reside in their last known usual country of residence.
When is a child ‘usually resident’ in Australia?
For a child to be counted towards the balance of family test, case officers must be satisfied that Australian permanent resident or eligible New Zealand citizen children are ‘usually resident’ in Australia – that is, that they intend to reside in Australia indefinitely. This criterion does not apply to Australian citizens.
‘Usually resident’ means they must intend to reside in Australia indefinitely, rather than just being physically present. Case officers will determine this by considering various factors, including employment, financial ties, and long-term residency plans.
A child does not need to have lived in Australia continuously to meet this requirement, and temporary absences for holidays, business, or work do not automatically disqualify them. However, if a child has only recently moved to Australia, further evidence of an intention to reside in Australia permanently will be required. For example, this could include:
- proof of employment;
- bank accounts;
- property ownership; or
- school enrolment.
If a child stays in Australia only casually or intermittently, they will generally not be considered ‘usually resident’ for the purposes of the test.
Examples of the balance of family test
Again, the balance of family test is assessed based on the total number of children and their residency status. The Department of Home Affairs have provided the below table as an illustrative example of who might meet the balance of family test”:
| Total number of children | Children living permanently in Australia | Children in country A | Children in country B | Children in country C | Children in country D | Passes test? |
| 1 | 1 | 0 | 0 | 0 | 0 | Yes |
| 2 | 1 | 1 | 0 | 0 | 0 | Yes |
| 3 | 1 | 2 | 0 | 0 | 0 | No |
| 3 | 1 | 1 | 1 | 0 | 0 | No |
| 4 | 2 | 2 | 0 | 0 | 0 | Yes |
| 4 | 1 | 1 | 1 | 1 | 0 | No |
| 4 | 1 | 2 | 1 | 0 | 0 | No |
| 5 | 1 | 1 | 1 | 1 | 1 | No |
| 5 | 2 | 1 | 1 | 1 | 0 | Yes |
| 5 | 3 | 2 | 0 | 0 | 0 | Yes |
| 6 | 2 | 2 | 2 | 0 | 0 | No |
Consider Mark and Linda, a married couple originally from the United Kingdom. They have four children:
- Sarah and Jack – their two biological children (Australian citizens living permanent in Melbourne)
- Liam – Mark’s child from a previous relationship who is 20 years old, and a permanent resident of Australia (but has been studying at university in Canada for the past 2 years); and
- Sophie – Linda’s child from her first marriage (studying abroad in New Zealand and not an Australian citizen or PR).
Mark and Linda’s application would be assessed as follows:
- Total number of children: 4
- Children living permanently in Australia: 2 (Sarah and Jack)
- Children in country A (Canada): 1 (Liam)
- Children in country B (New Zealand): 1 (Sophie)
Mark and Linda therefore meet the balance of family test.
Key Takeaways
The balance of family test plays an important role in determining eligibility for Parent visas, ensuring that only parents with strong ties to Australia can apply. Understanding how the test applies to different family situations can help applicants assess their chances before lodging a visa application.
If you have any questions about the balance of family test, or have any other immigration related queries, our experienced team can help. Contact us by email at [email protected] or by phone at +61 3 9016 0484.
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THIS DOCUMENT DOES NOT CONSTITUTE LEGAL ADVICE OR CREATE AN ATTORNEY-CLIENT RELATIONSHIP. PLEASE CONSULT AN IMMIGRATION PROFESSIONAL FOR UP TO DATE INFORMATION
