Balance of Family Test
The Balance of Family Test is the eligibility threshold for all permanent parent visas, set out in regulation 1.05 of the Migration Regulations 1994. The test applies to the Subclass 103, 143, 173, 804, 864, and 884. The test cannot be waived. Where the test is not satisfied, no parent visa can be granted, regardless of the closeness of the family relationship or the strength of the rest of the application. The Subclass 870 Sponsored Parent (Temporary) Visa is the only parent pathway that is not subject to the Balance of Family Test.
Key facts
Source of Law
Regulation 1.05, Migration Regulations 1994
Subclasses
103, 143, 173, 804, 864, 884
Waiver
Not available
Subclass 870
Not subject to the test
How the test works
The parent satisfies the Balance of Family Test if either at least half of the parent's children are eligible children, or more of the parent's children are eligible children in Australia than in any other single country. The two limbs are alternative; the parent need only satisfy one.
An eligible child is a child of the parent who is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, and is usually resident in Australia. A child holding only a temporary visa in Australia is not usually resident in Australia for the purpose of the test, even if physically present.
Worked examples
Three children, one in Australia
Three children: one Australian citizen in Sydney, one in India, one in the United Kingdom. The first limb (at least half eligible) is not satisfied: only one of three is eligible. The second limb (more eligible children in Australia than in any other single country) is satisfied: one child in Australia is more than zero in any other country (because India and UK each have one). The parent satisfies the test on the second limb.
Four children, one in Australia, three in India
One eligible child in Australia, three children in India. The first limb fails (1 of 4 is not at least half). The second limb fails (3 in India is more than 1 in Australia). The parent does not satisfy the test.
Five children, three in Australia
Three Australian permanent residents in Australia, two children abroad in two different countries. The first limb is satisfied: 3 of 5 is at least half. The parent satisfies the test on the first limb.
Two children, one on a student visa
Two children: one Australian citizen in Melbourne, one child on a Subclass 500 Student visa in Australia. The student visa holder is not usually resident in Australia for the purpose of the test. The first limb is satisfied: 1 of 2 is exactly half (at least half). The parent satisfies the test on the first limb.
Stepchildren and concurrent relationships
A spouse or de facto partner's children may count as the parent's children for the purpose of the test, where the parent's relationship with the partner subsists. Where the parent's relationship with the natural parent of the stepchild has ended by divorce or death, those stepchildren may continue to count in defined circumstances.
Children of a polygamous or concurrent relationship that is not recognised under Australian law are excluded from the Balance of Family count for the other partner in that relationship. Deceased children are not counted.
Strategic implications
Most Balance of Family failures are unrecoverable. The Subclass 870 is the principal alternative for parents who do not satisfy the test, providing temporary residence of up to a cumulative 10 years without a permanent pathway. Where the count is close, careful case construction on stepchildren, deceased children, concurrent relationships, and the timing of children's own grants of citizenship or permanent residence can be decisive.
Lodgement timing is also material. Children's pathways to Australian citizenship or permanent residence change the count. Where one or more children are progressing through a permanent visa, lodgement of the parent's application before grant produces a different count from lodgement after grant.
Test the count before you lodge
The Balance of Family Test is unforgiving and unwaivable. Visa Plan Lawyers analyses the count before lodgement, considering stepchildren, concurrent relationships, deceased children, children's evolving residence status, and timing across upcoming grants.