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The Balance of Family Test

The balance of family test is the single gate that every parent visa in this kit must pass. If a parent does not meet it, no parent visa is available to them, no matter how much they are willing to pay or how long they are willing to wait, so work this out first, before you think about fees, waits or paperwork. The test applies to all six subclasses covered here, contributory and non-contributory, onshore and offshore, permanent and temporary. The one exception in the wider system is the Subclass 870 Sponsored Parent (Temporary) visa, which has no balance of family test; it is a temporary sponsored visa that leads to no permanent residence, covered in 17 Subclass 870 Sponsored Parent (Temporary).

This chapter is general information, not advice about your family. It does not create any agent and client relationship. The test can turn on fine facts, and if yours is close, have a registered migration agent check it before anyone spends money.

What the test actually asks

The test looks at all of a parent's children, wherever they live in the world, and asks whether the parent's family is centred on Australia. A parent meets the test if either of these is true:

• At least half of the parent's children are eligible children who are usually resident in Australia; or
• More of the parent's children are eligible children usually resident in Australia than are usually resident in any other single country.

The second limb is what saves large families spread across several countries. You do not always need half in Australia. You need more in Australia than in any one other country. A parent with children scattered across four countries can pass on a relatively small Australian cluster, as long as no other single country holds more.

Who counts as a child

Every child of the parent counts in the total, of any age. There is no cut-off for adult children. A parent's fifty-year-old son counts exactly as much as their infant daughter. This matters, because families sometimes assume only dependent or young children are relevant. They are not. List every child.

Children who count in the total include biological children, adopted children, and step-children where the relationship meets the legal definition of a child. Deceased children are generally not counted, and children in some special circumstances are treated differently. The point for planning is simple: build the full list of the parent's children first, then work out where each one is usually resident.

Who counts as an "eligible child usually resident in Australia"

To count on the Australian side of the ledger, a child must be both an eligible child and usually resident in Australia.

An eligible child is an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen. A child who lives in Australia on a temporary visa, for example a student or a temporary worker, is generally not an eligible child for this test, even though they are physically here.

Usually resident in Australia is the part people underestimate. It is not about where a child happens to be this week. It asks where the child's settled, habitual home is. The Department looks past temporary absences, but a child who is really living abroad does not count as usually resident in Australia just because they hold Australian status or visit often.

The test must be met at application and is assessed again at decision

This is the fact that catches families out on long waits. The balance of family test must be met at the time of application, and is assessed again at decision. On the contributory pathways that decision can be years after lodgement, and on the non-contributory pathways it can be decades. See the Current Fees and Figures page for the current indicative waits.

That means the picture can change under you. A child who is in Australia and counts at lodgement might move overseas before the decision. A child overseas might move to Australia and improve the balance. Marriages, study, work postings and children being born all shift the count over a long queue. Plan for the family as it is likely to be at decision, not only as it is today, and keep evidence of each child's residence current.

Worked examples

These are generic illustrations to show how the arithmetic works. They are not about any real family and do not tell you whether your parent qualifies.

Example A, half the children in Australia. A parent has four children. Two are Australian permanent residents living in Sydney. One lives in the parent's home country. One lives in a third country. Two of four are eligible children usually resident in Australia, which is at least half. The parent meets the test on the first limb.

Example B, more in Australia than anywhere else. A parent has six children spread across five countries: two are Australian citizens usually resident in Melbourne, and the other four each live in a different country, one per country. No single other country holds more than one child. Australia holds two, which is more than any other single country. The parent meets the test on the second limb, even though only two of six are in Australia.

Example C, a family that does not yet pass. A parent has three children. One is an Australian permanent resident in Brisbane. The other two live together in the parent's home country. Australia has one, the home country has two. The parent has neither half in Australia nor more in Australia than in any other single country. On these facts the test is not met. The position could change if, for example, another child later settled in Australia, but it is not met as things stand.

Example D, the "usually resident" trap. A parent has two children, both Australian citizens. One lives and works in Perth. The other holds Australian citizenship but has lived and worked overseas for several years. Only one child is usually resident in Australia. Whether the parent passes depends on how the overseas child is assessed, which is exactly the kind of close call that should be checked before any money is spent.

What to have ready

To work out and later prove the balance of family test, gather:

• A complete list of every child of the parent, of any age, living and (noted separately) deceased.
• The birth certificate of every child, in and outside Australia.
• For each Australia-based child, evidence they are an eligible child (citizenship certificate, permanent residence grant, or eligible New Zealand citizen status) and evidence they are usually resident here (residential, work and lifestyle evidence).
• For each overseas child, honest evidence of where they usually live.
• Form 47A, the Department's form for setting out the details of the parent's children for this test.

Complete this exercise truthfully and in full before you commit to any pathway. Under-listing children, or overstating where a child usually lives, is the fastest way to a refusal, and the test is checked by the Department before any parent visa is granted.