How Do I Calculate the Balance of Family Test for an Australian Parent Visa?

· 7 min read

How Do I Calculate the Balance of Family Test for an Australian Parent Visa?
Photo by Monstera Production on Pexels

To pass the Balance of Family Test, your eligible children must either make up at least half of all counted children or outnumber the largest group of ineligible children living in any one overseas country. Count children and stepchildren on both sides of the current relationship, then check whether each Australian permanent resident is usually resident in Australia before relying on them.

This is a classification exercise, not a family popularity contest. The cleanest way to do it is to build one complete child list, mark each child as eligible, ineligible or excluded, and then run both legal tests. The Department of Home Affairs applies this test to the Parent, Contributory Parent, Aged Parent and Contributory Aged Parent visa categories.

Do I pass the Balance of Family Test if only one of my children lives in Australia?

You can pass with only one child in Australia, but only if that child is eligible and the rest of the family distribution satisfies one of the two tests. The first test is the overall comparison: eligible children must be equal to or greater than ineligible children. The second is the country-by-country comparison: eligible children must be greater than the biggest ineligible group living in one overseas country.

Think of these as two separate doors. You need one open door, not both.

CheckWhat to comparePass result
Overall balanceAll eligible children against all ineligible childrenEligible children are equal to or greater than ineligible children
Largest overseas groupEligible children against the largest ineligible group in a single overseas countryEligible children are greater than that single-country group

That distinction matters when siblings live in several countries. Home Affairs gives an example in which a parent passes because eligible children exceed the group in each individual overseas country, even though the total number of overseas children is larger. Its contrasting example fails where the eligible group does not exceed the relevant overseas groups. Do not collapse all overseas countries into one bucket when testing the second method. That adds work and can produce the wrong answer.

For the legal wording, regulation 1.05 of the Migration Regulations 1994 states that eligible children may be compared with ineligible children overall, or with the greatest number of ineligible children resident in a particular overseas country. Start with the overall comparison, then run the country comparison separately.

How Do I Calculate the Balance of Family Test for an Australian Parent Visa?
Photo by Monstera Production on Pexels

Does a child with Australian permanent residency count if they have not moved to Australia yet?

No. A child with Australian permanent residency counts only if they are usually resident in Australia; holding permanent residency alone does not make them an eligible child for this test.

This is the timing trap. A parent may see an Australian permanent resident child on paper and treat the answer as settled. It is not. Home Affairs says the child must be usually resident in Australia, and its Parent visa application form asks for evidence that a permanent resident child identified as resident in Australia is settled and usually resident there.

The operational question is not, “Does this child have permanent residency?” Use this instead: “Can the application show that this permanent resident child is usually resident in Australia?” Keep the evidence focused on that point. A child in Australia on a temporary visa is also not considered usually resident in Australia for the test, according to Home Affairs.

Do not treat a future move as a present fact. The assessment turns on the circumstances relevant to the application, and a result can change if the residence facts change. This is the same basic discipline worth using whenever an immigration outcome matters: separate what is documented today from what is merely planned. For related context, see Can a Travel Agency Guarantee That a Tourist Visa Will Be Approved?.

Do my spouse's children or my stepchildren count in the Balance of Family Test?

Yes. Relevant children can include your biological children, adopted children and stepchildren, as well as relevant children or stepchildren of your current spouse or current de facto partner.

This is where incomplete lists cause avoidable trouble. The Department of Home Affairs Form 47PA describes the test as an objective measure of family links to Australia compared with links elsewhere. That objective measure requires a full count. Leaving out a current partner's child because the child is not biologically yours can distort both calculations.

Build the list before deciding who helps or hurts the result. For each child, record the relationship, whether the child is eligible, and, if ineligible, the country where the child is treated as resident overseas. Under the Migration Regulations, that country is generally the child's usual overseas residence, last usual overseas residence, or country of citizenship where there is no longer a right of return.

Some children are excluded from the calculation. The regulation identifies children removed from the parent's exclusive custody by court order, adoption or operation of law; children unable to reunite because of persecution or human-rights abuse; and certain UNHCR-registered refugee children living in a UNHCR-operated camp. These are specific legal exclusions, not general hardship categories. Treat them as a separate review step, supported by the relevant records.

Use the two-pass worksheet before you rely on the result

Run this short worksheet in order. It reduces cognitive load and keeps the country calculation from being mistaken for the overall calculation.

  1. List every potentially counted child. Include relevant biological children, adopted children and stepchildren connected to you and your current spouse or de facto partner.
  2. Remove children covered by a legal exclusion. Use the exclusions in regulation 1.05 rather than an informal view of family circumstances.
  3. Mark eligibility. An eligible child is an Australian citizen, an Australian permanent resident usually resident in Australia, or an eligible New Zealand citizen usually resident in Australia.
  4. Group each ineligible child by overseas country. Do not combine countries for this step.
  5. Run both comparisons. First compare eligible and ineligible children overall. Then compare eligible children with the largest single overseas group.

The useful output is a written record of the assumptions behind each label. “Permanent resident” is not enough. “Lives overseas” is not precise enough either. The category and country assignment are doing the legal work.

If the test is not met, what remains?

Failing the Balance of Family Test prevents grant of the permanent Parent visa categories to which it applies. Home Affairs is explicit: the test is a legal requirement and will not be waived for individual circumstances, including compelling or compassionate circumstances.

That does not mean every family-reunion discussion ends there. The Sponsored Parent (Temporary) visa is a separate temporary pathway for parents to reunite with children in Australia. Home Affairs describes it as a response to limited places and lengthy waits in the permanent Parent visa program. Its sponsorship rules are separate, so it is not a workaround for a failed Balance of Family Test; it is a different visa pathway with its own requirements.

Before treating any calculation as final, pressure-test the child list: Which child is being counted because of permanent residency rather than actual usual residence? Which overseas-country grouping is carrying the result? Which relationship has not yet been documented? Those questions expose the weak point before it becomes an application problem.

Frequently Asked Questions

Can I get a Parent visa if my other children live in different overseas countries?

Possibly. The country-by-country method compares your eligible children with the largest group of ineligible children in any single overseas country, not with every overseas child combined. This means children spread across several countries can produce a different result from children concentrated in one country, but the Department must still assess the facts of the individual application.

Are children on temporary visas counted as eligible children?

No. The Department of Home Affairs says a child in Australia on a temporary visa is not considered usually resident in Australia for this test. A child must be an Australian citizen, an Australian permanent resident usually resident in Australia, or an eligible New Zealand citizen usually resident in Australia to be eligible.

Can the Department waive the Balance of Family Test because of my age or family circumstances?

No. Home Affairs states that the test will not be waived, including in compelling, compassionate or exceptional circumstances. If the test is not met, the separate Sponsored Parent (Temporary) visa may be relevant because it provides a temporary family-reunion pathway rather than a permanent Parent visa route.

Sources

Disclaimer: This article is for general information only and is not legal advice. Laws differ by jurisdiction and change over time. Consult a qualified lawyer about your own situation before acting on anything you read here.

Written and reviewed by the Search And Analyze Editorial Team. Learn how we create content.