The Balance of Family Test for Australian Parent Visas: A Plain-English Guide

What is the Balance of Family Test?

The balance of family test is an eligibility requirement for Australian permanent parent visas. It exists to ensure that Australia’s parent visa program benefits families where the majority of the parent’s children are already settled here. Put simply: if most of your parent’s children live somewhere other than Australia, the Australian government will not grant a permanent parent visa.

This test applies at the time the Department of Home Affairs assesses the application. It is not assessed at lodgement, though you should be confident your parent passes it before you lodge and pay the application fees. Failing the test means refusal, and visa application fees are generally not refunded.

The balance of family test is one of the first things I check when a family comes to me about a parent visa. It is the single most common reason an otherwise straightforward application is not possible.

How do you pass it?

The two ways to satisfy the test

Your parent can pass the balance of family test in either of two ways:

1. At least half of their eligible children usually reside in Australia, or
2. More of their eligible children usually reside in Australia than in any other single country.

The second limb exists for situations where no single country has half the children but Australia still has more than any individual alternative. For example: a parent with four children, two in Australia, one in the UK, and one in India, passes the test under limb two even though Australia does not have a majority.

Only one of these two tests needs to be satisfied. If either applies, your parent passes.

Who counts as an “eligible child”?

Children included in the count

All of the following count as eligible children for the purposes of the test:

• Biological children of the parent
• Legally adopted children
• Stepchildren (where there is or was a genuine family relationship)

The child’s nationality does not matter. Australian citizens, foreign nationals, and children of any residency status can all be counted, subject to the exclusions below.

Children excluded from the count

Deceased children are excluded. They are not counted as residing anywhere.

Children who have been adopted by a person outside the family unit may be excluded depending on the circumstances. Legal adoption severs the relationship in some cases.

The most significant exclusion in practice is this: children who are in Australia on temporary visas do not count as “usually resident in Australia.” This is a critical and frequently misunderstood point. A sibling on a student visa, a working holiday visa, a partner visa that has not yet been granted permanently, or any other temporary visa does not tip the balance in favour of Australia. Only children who are Australian citizens, permanent residents, or otherwise settled in Australia on a long-term basis satisfy the “usually resident” standard.

Common situations that trip families up

Children living in multiple countries

When the parent’s children are spread across three or more countries, families sometimes assume Australia “wins” because it has the most children in absolute terms. That is correct if Australia has more children than any other single country. But if, say, two children are in Australia, two are in India, and one is in Canada, Australia does not satisfy either limb of the test and the application cannot proceed.

Counting carefully and honestly before lodgement is essential. The Department will request birth certificates for all eligible children and evidence of their usual country of residence, so the numbers will be verified.

Children on temporary visas in Australia

This is the most common trap. A family where two children are in Australia (one as a permanent resident, one on a student visa) and one child is overseas assumes the test is passed two-to-one. In fact, only the permanent resident child counts. The balance is one-to-one, and the test fails under the first limb. Whether it passes under the second limb depends on where the overseas child is and whether any single country can claim more than one Australian-based child.

I have seen families lodge applications and pay tens of thousands of dollars in fees based on a miscalculation involving a temporary visa sibling. The fees are not recovered on refusal.

Can the test ever be waived?

No. The balance of family test cannot be waived under any circumstances. There is no ministerial discretion, no compassionate grounds exception, and no alternative criteria that substitute for it. If your parent does not pass the test, no permanent parent visa is available to them.

The only pathway for a parent who fails the balance of family test is the Subclass 870 Sponsored Parent (Temporary) visa, which does not require the balance of family test. The 870 allows your parent to live in Australia for up to 10 years but does not lead to permanent residency.

Which parent visas require the balance of family test? (See our guide to choosing the right parent visa.)

The balance of family test applies to all four permanent parent visa subclasses:

• Contributory Parent Visa (Subclass 143)
• Parent Visa (Subclass 103)
• Contributory Aged Parent Visa (Subclass 864)
• Aged Parent Visa (Subclass 804)

The test does not apply to the 870 temporary visa. This is one of the reasons the 870 is a useful option for families where the permanent visa pathway is blocked or uncertain.

Frequently asked questions

My parent has children from two different relationships. Do all of them count?

Yes. All eligible children, regardless of which relationship they came from, are included in the count. Half-siblings, stepchildren from a prior marriage, and children from a current relationship all count if they meet the eligibility criteria.

What evidence does the Department require to prove usual residence?

The Department typically requires birth certificates for all eligible children and supporting evidence of their usual country of residence. This might include copies of their passport (showing visa status), utility bills or lease agreements, employment records, or statutory declarations. Evidence should be recent and clearly demonstrate that Australia is the child’s usual home, not a temporary stop.

Can we wait for a sibling to get permanent residency before lodging?

Yes, and in many cases this is the right approach. If a sibling is currently on a temporary visa and is likely to obtain permanent residency within the next year or two, it may be worth waiting until that happens before lodging the parent visa. Once the sibling holds PR, they count in the balance. This is a timing strategy worth discussing with a migration agent before committing to lodgement.

Does the balance of family test apply to the parent or to the sponsor?

It applies to the parent (the visa applicant). It counts the parent’s eligible children and assesses where those children usually reside. The sponsor’s personal circumstances do not affect the test calculation directly, though the sponsor’s residency in Australia contributes to the count of Australian-resident children.