How Does the Balance of Family Test Work?

A parent passes the Balance of Family Test if either of the following applies:

Test 1 – At Least Half of the Children Are Eligible

At least half of the parent's children and stepchildren are eligible children.

Test 2 – More Children in Australia Than Any Other Single Country

There are more eligible children living in Australia than children living in any other single country.

You only need to satisfy one of these tests.

What Is an Eligible Child?

For the Balance of Family Test, an eligible child is generally a child who is:

• An Australian citizen; or
• An Australian permanent resident who is usually resident in Australia; or
• An eligible New Zealand citizen who is usually resident in Australia.

A child who does not meet these requirements is generally treated as an ineligible child and is taken to be resident overseas for the purpose of the test.

Importantly, a child who is in Australia on a temporary visa is not considered usually resident in Australia for this test.

Which Children Are Counted?

The Balance of Family Test can include:

• Biological children
• Adopted children
• Stepchildren

The Department's rules determine which children and stepchildren must be included.

Your partner's children can also be relevant to the calculation.

A stepchild can include your current partner's child and, in certain circumstances, a former partner's child who is under 18 and for whom you have relevant guardianship, custody or parenting arrangements. Specific rules apply to stepchildren, including exclusions for children from polygamous or concurrent relationships.

Children Who May Not Be Counted

Certain children may be excluded from the Balance of Family Test.

The Department states that children are not counted in specified circumstances, including where they:

• Are deceased
• Have been removed from their parents' exclusive legal custody through adoption, court order or operation of law
• Are registered with the UNHCR as refugees and live in a UNHCR-operated camp
• Live in a country where they suffer persecution or human rights abuse and cannot be reunited with their parents in another country

These exclusions are subject to the specific legal requirements applying to the circumstances.

Balance of Family Test Examples

Understanding the test can be easier by looking at examples.

Example 1 – One Child

A parent has:

• 1 child in Australia
• 0 children overseas

Result: Pass

The parent has all of their children in Australia.

Example 2 – Two Children

A parent has:

• 1 child in Australia
• 1 child overseas

Result: Pass

At least half of the children are eligible children.

Example 3 – Three Children

A parent has:

• 1 child in Australia
• 2 children in another country

Result: Fail

Only one-third of the children are eligible children, and Australia does not have more children than the other country.

Example 4 – Four Children

A parent has:

• 2 children in Australia
• 2 children in another country

Result: Pass

At least half of the children are eligible children.

Example 5 – Four Children Across Three Countries

A parent has:

• 1 child in Australia
• 1 child in Country A
• 1 child in Country B
• 1 child in Country C

Result: Fail

Only one-quarter of the children are eligible children, and Australia does not have more children than any other single country.

These examples reflect the Department's published Balance of Family Test examples.

Simple Balance of Family Test Calculator

You can use the following approach to understand the basic calculation.

Step 1

Count all children and stepchildren who are relevant under the rules.

Step 2

Identify which children are eligible children living in Australia.

Step 3

Identify where the remaining children are usually resident.

Step 4

Apply the two tests:

Test A:
Are at least 50% of the children eligible children?

OR

Test B:
Does Australia have more eligible children than any other single country?

If either test is satisfied, the Balance of Family Test may be met, subject to the applicable visa requirements.

Balance of Family Test and Parent Visas

The Balance of Family Test applies to several Parent visa subclasses.

The Department currently identifies the test as a requirement for:

• Parent visa subclass 103
• Contributory Parent visa subclass 143
• Contributory Parent Temporary visa subclass 173
• Aged Parent visa subclass 804
• Contributory Aged Parent visa subclass 864
• Contributory Aged Parent Temporary visa subclass 884

The test is therefore particularly important for parents considering Australia's family migration program.

Subclass 103 Parent Visa

The Parent visa subclass 103 is a permanent Parent visa pathway.

Applicants generally need to satisfy the Balance of Family Test in addition to other requirements.

Home Affairs confirms that applicants for subclass 103 must meet the test, subject to the applicable retirement pathway exception.

Other requirements can include matters relating to:

• Sponsorship
• Assurance of Support
• Health
• Character
• Visa history
• Other Parent visa criteria

Subclass 143 Contributory Parent Visa

The Contributory Parent visa subclass 143 is a permanent visa pathway for eligible parents.

Applicants generally need to satisfy the Balance of Family Test.

Home Affairs confirms that an applicant passes where:

• At least half of their children and stepchildren are eligible children; or
• There are more eligible children living in Australia than in any other single country.

There are specific exceptions for eligible applicants applying through the historical retirement pathway.

Subclass 173 Contributory Parent Temporary Visa

The Contributory Parent Temporary visa subclass 173 is a temporary pathway that can lead to subclass 143.

Applicants for subclass 173 generally need to meet the Balance of Family Test.

Home Affairs confirms that evidence must be provided showing the relationship to each child and the relevant citizenship or country of permanent residence information.

Subclass 804 Aged Parent Visa

The Aged Parent visa subclass 804 is a permanent visa pathway for eligible aged parents who are in Australia.

Applicants generally need to meet the Balance of Family Test.

Home Affairs specifically states that applicants must have at least half of their children and stepchildren as eligible children, or have more eligible children living in Australia than in any other single country.

Subclass 864 Contributory Aged Parent Visa

The Contributory Aged Parent visa subclass 864 is a permanent visa pathway.

Applicants generally need to meet the Balance of Family Test.

Home Affairs confirms the same two-part test applies:

At least half of the children are eligible

OR

More eligible children live in Australia than in any other single country.

Subclass 884 Contributory Aged Parent Temporary Visa

The Contributory Aged Parent Temporary visa subclass 884 is part of a two-stage pathway that can lead to subclass 864.

Applicants generally need to satisfy the Balance of Family Test.

If an applicant subsequently applies for the permanent subclass 864 after holding subclass 884, Home Affairs states that they have already met the Balance of Family Test and do not need to meet it again in that pathway.

Do You Need to Pass the Test Again After a Temporary Parent Visa?

For certain two-stage Parent visa pathways, an applicant who has already satisfied the Balance of Family Test can benefit from that earlier assessment.

For example, Home Affairs states that a subclass 173 holder applying for subclass 143 before the temporary visa ceases does not need to meet the Balance of Family Test again.

Similarly, an eligible subclass 884 holder progressing to the permanent pathway does not need to meet the test again under the applicable rules.

Can the Balance of Family Test Be Waived?

Generally, no.

The Department states clearly that the Balance of Family Test cannot be waived, even in compelling or exceptional circumstances.

This is an important difference from some other migration requirements where limited waiver or ministerial mechanisms may exist.

If a parent does not satisfy the Balance of Family Test, they should not assume that compassionate family circumstances will allow the Department to simply waive the requirement.

Does an Australian Child Automatically Make a Parent Eligible?

No.

Having a child who is an Australian citizen or permanent resident does not automatically mean that a parent passes the Balance of Family Test.

For example:

A parent has three children:

• One Australian permanent resident child
• Two children living overseas in the same country

Only one of three children is an eligible child.

The parent would not pass the test based on those circumstances.

This is why all relevant children need to be considered.

What If One Child Has a Temporary Australian Visa?

A child who is in Australia on a temporary visa is not considered usually resident in Australia for the Balance of Family Test.

Therefore, simply having a child temporarily living in Australia does not generally make that child an eligible child for this test.

For example:

• Child 1 – Australian citizen living in Australia
• Child 2 – Australian temporary visa holder
• Child 3 – living overseas

Only the first child would generally be treated as an eligible child for the test.

What If an Australian Child Is a Permanent Resident?

A permanent resident child can be an eligible child if they are usually resident in Australia.

The Department considers the child's residence when applying the test.

Therefore, evidence relating to the child's Australian permanent residence and usual residence may be important when preparing the application.

What About an Eligible New Zealand Citizen?

An eligible New Zealand citizen who is usually resident in Australia can be treated as an eligible child.

However, not every New Zealand citizen automatically qualifies as an eligible New Zealand citizen for this purpose.

Home Affairs sets specific historical requirements relating to their arrival and residence in Australia, including circumstances involving the Special Category visa.

What If a Child's Location Is Unknown?

If the whereabouts of a child are unknown, the Department generally considers the child to be resident in their last known usual country of residence for the Balance of Family Test.

This can become particularly important where family members have lost contact.

Applicants should provide accurate information and supporting evidence where available.

What Documents Are Needed for the Balance of Family Test?

Applicants need to provide evidence supporting the family circumstances used to calculate the test.

Depending on the circumstances, this may include:

Evidence of Relationship

• Birth certificates
• Adoption documents
• Relevant family records
• Other documents establishing the relationship

Evidence of Australian Status

For an Australian child:

• Australian citizenship evidence
• Australian passport
• Australian permanent residence evidence
• Other appropriate government evidence

Evidence of Overseas Residence

For children living outside Australia:

• Passport
• Permanent residence evidence
• Government documents
• Residential evidence
• Other evidence showing country of usual residence

Evidence for Excluded Children

Where a child should not be counted, documents may include:

• Death certificate
• Adoption or court documents
• Refugee evidence
• Other documents relevant to the applicable exclusion

Home Affairs specifically advises Parent visa applicants to provide evidence of their relationship to each child, each child's Australian citizenship or country of permanent residence, and evidence where a child should not be included in the test.

Balance of Family Test and Stepchildren

Stepchildren can be included in the calculation.

The rules are specific about which stepchildren count.

For example, the Department defines a stepchild to include:

• Your current partner's child; or
• In certain circumstances, a former partner's child who is under 18 and for whom you have relevant guardianship, custody or parenting arrangements.

Special rules apply to children from polygamous or concurrent relationships.

Because stepchild circumstances can be complicated, applicants should carefully assess the legal relationship before calculating their result.

Balance of Family Test and Partner's Children

The test is not necessarily limited to the applicant's biological children.

The Department states that you and your partner's children, including relevant stepchildren and adopted children, can be counted.

This is important for parents who have remarried or entered another relationship.

Balance of Family Test and the Assurance of Support

The Balance of Family Test and Assurance of Support (AoS) are separate requirements.

Balance of Family Test

Measures the parent's family links to Australia.

Assurance of Support

In applicable cases, provides a financial commitment that the parent will be supported and that certain recoverable government payments may be repaid.

A parent may therefore need to satisfy both requirements.

For example, Parent visa subclasses such as 103 and 143 can involve both Balance of Family and Assurance of Support requirements, subject to the applicable pathway and exceptions.

Balance of Family Test and the Sponsored Parent Temporary Visa 870

The Sponsored Parent (Temporary) visa subclass 870 is different from the permanent and contributory Parent visa pathways.

Home Affairs specifically states that there is no Balance of Family Test for subclass 870.

This means a parent who cannot satisfy the Balance of Family Test for another Parent visa may still need to consider whether a different temporary family visa is available, depending on their circumstances.

Subclass 870 has its own eligibility, sponsorship and temporary visa requirements.

Retirement Pathway Exception

There is a specific historical retirement pathway for certain people who held or previously held an Investor Retirement subclass 405 or Retirement subclass 410 visa on 8 May 2018 and satisfy the applicable requirements.

Under this pathway, eligible applicants may not need to meet:

• The Balance of Family Test
• Sponsorship
• Assurance of Support

Home Affairs confirms that this pathway applies only where the relevant requirements are satisfied.

It should not be treated as a general exemption available to all Parent visa applicants.

Balance of Family Test – Quick Examples

The outcome depends on the complete family circumstances and the specific legal rules. The examples above are based on the Department's published methodology.

Balance of Family Test Calculator – Simple Formula

For an initial assessment, consider:

Total Relevant Children

Count the children and stepchildren who must be included.

Eligible Children

Count children who are:

• Australian citizens;
• Australian permanent residents usually resident in Australia; or
• Eligible New Zealand citizens usually resident in Australia.

Overseas Children

Group the remaining children by their country of usual residence.

Then ask:

Question 1:
Are eligible children at least half of all relevant children?

OR

Question 2:
Does Australia have more eligible children than the largest number of children living in any one other country?

If yes to either, the test may be satisfied.

A formal assessment should be based on the applicable legislation and the Department's requirements.

Common Balance of Family Test Mistakes

Mistake 1 – Counting Only the Australian Child

Applicants sometimes look only at the child sponsoring them in Australia.

The test considers the wider family situation.

Mistake 2 – Ignoring Stepchildren

Relevant stepchildren can be included.

Mistake 3 – Counting Temporary Visa Holders as Eligible

A child in Australia on a temporary visa is not generally treated as usually resident in Australia for this test.

Mistake 4 – Forgetting Children in Different Countries

The test compares Australia with the number of children living in any single other country, not the combined total across all overseas countries.

Mistake 5 – Assuming Equal Numbers Automatically Mean a Pass

For the second test, Australia must have more eligible children than children in any other single country.

Mistake 6 – Assuming Compassionate Circumstances Waive the Test

The Department states that the Balance of Family Test cannot be waived.

Mistake 7 – Using Outdated Information

Parent visa rules can change. Applicants should use current Home Affairs information when assessing their eligibility.

Frequently Asked Questions

What is the Balance of Family Test in Australia?

It is a test used for certain Parent visa applications to assess the parent's family links to Australia compared with their children living overseas.

How do I pass the Balance of Family Test?

You generally pass if at least half of your children and stepchildren are eligible children, or if you have more eligible children living in Australia than children living in any other single country.

Can the Balance of Family Test be waived?

The Department states that the test cannot be waived, including in compelling or exceptional circumstances.

Does a temporary visa child in Australia count?

Generally, no. A child in Australia on a temporary visa is not considered usually resident in Australia for this test.

Do stepchildren count?

Relevant stepchildren can count under the Balance of Family Test. The specific definition and exclusions should be checked against the current Department requirements.

Do adopted children count?

Adopted children can be included in the calculation, subject to the applicable rules.

Does an Australian permanent resident child count?

A permanent resident child who is usually resident in Australia can be an eligible child.

Does an eligible New Zealand citizen count?

An eligible New Zealand citizen who is usually resident in Australia can be an eligible child. Not every New Zealand citizen qualifies as an eligible New Zealand citizen for this purpose.

Does subclass 870 require the Balance of Family Test?

No. Home Affairs states that the Sponsored Parent (Temporary) subclass 870 does not have a Balance of Family Test requirement.

Do I need to pass the test for subclass 143?

Generally, yes. The subclass 143 Contributory Parent visa requires the Balance of Family Test unless an applicable exception applies, such as the specified retirement pathway.

Do I need to pass the test again after subclass 173?

If you hold a subclass 173 visa and apply for subclass 143 under the applicable two-stage pathway before the temporary visa ceases, Home Affairs states that you have already met the Balance of Family Test.

Do I need to pass the test again after subclass 884?

For the applicable subclass 884 to subclass 864 pathway, Home Affairs states that the Balance of Family Test does not need to be met again.

Get Help With Your Parent Visa Eligibility

The Balance of Family Test can have a significant impact on whether a parent can access certain Australian Parent visa pathways.

Before lodging a Parent visa application, it is important to assess:

Children + Stepchildren + Australian Status + Country of Residence + Applicable Visa + Other Eligibility Requirements

At The Visa and Education Services Pty Ltd, we assist clients with Australian family migration matters, including Parent visa pathways and related eligibility requirements.

Our services can include assistance with:

• Parent visa subclass 103
• Contributory Parent visa subclass 143
• Contributory Parent Temporary visa subclass 173
• Aged Parent visa subclass 804
• Contributory Aged Parent visa subclass 864
• Contributory Aged Parent Temporary visa subclass 884
• Sponsored Parent Temporary visa subclass 870
• Balance of Family Test assessment
• Assurance of Support
• Parent visa sponsorship
• Family migration documentation

Registered Migration Agent: Navneet Kaur – MARN 2318181

Phone: +61 430 077 714
Email: [email protected]
Website: https://thevisa.com.au/

Planning to Bring Your Parents to Australia?

Understanding the Balance of Family Test early can help you identify which Parent visa pathways may be relevant to your circumstances.

Important: This page provides general information only. The Balance of Family Test is a legal requirement and must be assessed against the current Australian migration legislation and Department of Home Affairs requirements applicable to your circumstances.