Understanding the Balance of Family Test
An integral component of any Parent Visa application is the balance of family test. Simply put, this test is designed to understand the extent of a parent’s (the applicant) links to their children in Australia. It ensures that only those applicants who share close ties to Australia obtain a Parent Visa.
This test does not take into account any qualitative or emotional aspects of a parent-child relationship, such as their proximity, cultural influences, etc. Instead, the balance of family test takes into account quantitative factors such as the number of children, and thereby links, a parent (the applicant) has in Australia.
There is no possibility of waiving the balance of test under any circumstances, and all applicants must pass this test if they are applying 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)
Balance of Family Test Criteria
There are several criteria applicants need to meet to pass the balance of family test.
Applicants will meet the test requirements if:
- At least half of their children or step-children are “eligible children”, or
- There are more “eligible children” than children living in any other single country
What does “eligible children” mean?
- Australian citizens, or
- Australian permanent residents, or
- Eligible New Zealand citizens
Any other child or step-child of the parent is considered ineligible for the balance of family test. An eligible child is taken to be a resident overseas. Children of applicants who are residing in Australia under a temporary visa are usually not considered eligible Australian residents.
Here are 2 examples for more clarity about the balance of family test criteria.
- If a parent and their partner have 4 children, 2 of which are Australian citizens and the other 2 reside overseas as foreign nationals, the parent satisfies the balance of family test criteria.
- If a parent and their partner have 3 children, 1 of which is an Australian citizen, 1 resides in Australia as a temporary visa holder and the 3rd child is an overseas resident, the parent will not satisfy the balance of family test criteria.
Eligible New Zealand Citizens
The Australian government has many visa provisions for eligible New Zealand citizens, for the Parent Visa and other categories as well.
For applicants whose eligible children are eligible New Zealand citizens, the children must fulfil certain criteria. Children of the applicant/s are considered eligible New Zealand citizens if they arrived in Australia on a New Zealand passport and were:
- In Australia on 26th February 2001 and were a Special Category Visa (SCV) holder on the day, or
- In Australia for a period or periods totalling 12 months in the 2 years immediately before 26th February 2001, and returned to Australia after that day
Children’s Eligibility
Children will not be considered eligible if they:
- Are deceased
- Have been removed from their parent’s exclusive legal custody by adoption, court order the law
- Are registered by the United Nations High Commissioner for Refugees (UNHCR) as refugees and live in a camp operated by the UNCHR
- Live in a country where they suffer persecution or human rights abuse and cannot be reunited with their parents in another country
Eligible Stepchildren Criteria
An eligible step-child is:
- The applicant’s current partner’s child, or
- The applicant’s former partner’s child who is under 18 years of age and in relation to whom the applicant has guardianship, custody or a parenting order that has been enforced under the Family Law Act 1975:
- Stepchildren born from a polygamous or concurrent relationship will not be considered eligible in the balance of family test
Balance of Family Test Calculation Table
Here is an example of calculating when a parent (applicant) would pass the balance of family test. This table is sourced from the Department of Home Affairs website and was last updated o 17th March 2020.
Disclaimer: Kindly note that the information provided here does not constitute legal advice. This must solely be regarded as content that provides general immigration information and is not a substitute for professional legal advice that occurs between an immigration lawyer and a client.
Path Migration strongly recommends readers contact certified immigration lawyers for a holistic overview of the Australian immigration system and a detailed analysis of each case.
