Balance of Family Test Australia

What Is A Balance of Family Test?

The Balance of Family test is designed to assess the extent of a parent’s connections to their children in Australia, ensuring that only those with significant ties to the country are eligible for parent visas. This test focuses on the numerical distribution and geographical location of the applicant’s children, including those of the applicant’s partner and, if relevant, their former partners. It does not take into account qualitative aspects such as the closeness of the parent-child relationship or cultural expectations regarding which child should care for an elderly parent.

A parent will pass the Balance of Family test, and be eligible for certain Australian family visas, if at least half of their children and step-children are “eligible children,” or if the number of “eligible children” is greater than the number of children residing in any other single country. “Eligible children” are defined as:

• Australian citizens;
• Australian permanent residents who usually reside in Australia; or
• Eligible New Zealand citizens who usually reside in Australia.

The test does not consider children who reside in any other single country.

The department will not waive this test, even in compelling or exceptional circumstances.

Example of Balance of Family Test Outcomes

Total number of children	Children usually living in Australia	Children in country A	Children in country B	Children in country C	Children in country D	Passes test?
1	1	0	0	0	0	Yes
2	1	1	0	0	0	Yes
3	1	2	0	0	0	No
3	1	1	1	0	0	No
4	2	2	0	0	0	Yes
4	1	1	1	1	0	No
4	1	2	1	0	0	No
5	1	1	1	1	1	No
5	2	1	1	1	0	No
5	3	2	0	0	0	Yes
6	2	2	2	0	0	No

Balance of Family Test Criteria for Applicants

Permanent Residents and Citizens

An applicant must hold either Australian permanent residency or citizenship to meet this criterion.

Eligibility under this category allows applicants to sponsor family members for migration. They must also demonstrate that at least half of their children live in Australia or that a greater share of their children reside there than anywhere else.

New Zealand Citizens

Eligible New Zealand citizens can qualify under specific conditions set out by the Australian government. It is vital for these individuals to have entered Australia in compliance with the relevant visa regulations.

As of 2001, New Zealand citizens enjoy rights to live and work in Australia. However, they must hold a Special Category Visa (subclass 444) to be considered eligible under the balance of family test.

Their eligibility impacts their ability to sponsor family members, with emphasis on maintaining close ties to Australia, often evidenced through their residency status and community involvement.

Adopted Children

One main aspect of the balance of family test criteria for adopted children is that a child must be legally adopted as per Australian law to be recognised as an applicant’s child.

Moreover, the adoption must occur before the parent applies for sponsorship. It is essential to provide relevant legal documentation—such as an adoption certificate—to validate the relationship.

This allows adopted children to be included in the family unit, thereby impacting the overall assessment of the applicant’s eligibility concerning the balance of family arrangements.

Stepchildren and Custody

Stepchildren may also be considered in the balance of family test under certain circumstances. As part of the balance of family test criteria, the applicant must demonstrate a committed relationship with the stepchild, supported by evidence such as marriage or de facto partnership with the child’s parent.

Legal custody arrangements are fundamental for assessing eligibility. An applicant must hold legal custody or have a custody order that acknowledges their parental rights over the stepchild.

This includes situations where the applicant has an ongoing and active role in the child’s life, further strengthening their case to meet the test requirements.

Parent Visas They Require A Balance of Family Test

1. Subclass 103 – Parent Visa:
   • This visa allows parents of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia permanently. Applicants must meet the balance-of-family test, which requires that at least half of their children reside in Australia.
     
2. Subclass 143 – Contributory Parent Visa:
   • This visa permits parents to live in Australia permanently if they have children who are Australian citizens, permanent residents, or eligible New Zealand citizens. It requires a higher application fee compared to the Parent Visa (subclass 103) but typically has a shorter processing time.
     
3. Subclass 173 – Contributory Parent (Temporary) Visa:
   • This is a temporary visa that allows parents to stay in Australia for up to two years. It serves as a pathway to the permanent Contributory Parent Visa (subclass 143). Applicants can apply for the permanent visa after arriving in Australia on this temporary visa.
     
4. Subclass 804 – Aged Parent Visa:
   • This visa is designed for elderly parents of Australian citizens, permanent residents, or eligible New Zealand citizens who wish to live in Australia permanently. Applicants must be old enough to receive the Australian age pension and meet the balance-of-family test.
     
5. Subclass 864 – Contributory Aged Parent Visa:
   • This permanent visa allows elderly parents to live in Australia if they have children who are Australian citizens, permanent residents, or eligible New Zealand citizens. It requires a higher application fee but generally has a shorter processing time compared to the Aged Parent Visa (subclass 804).
     
6. Subclass 884 – Contributory Aged Parent (Temporary) Visa:
   • This temporary visa permits elderly parents to stay in Australia for up to two years. It serves as a pathway to the permanent Contributory Aged Parent Visa (subclass 864). Applicants can apply for the permanent visa after arriving in Australia on this temporary visa.

Practical Advice and Resources

Navigating the balance of family test in Australia can be complex. Understanding preparation for applications and knowing how to effectively engage with migration agents are crucial steps for a successful process.

Preparing for the Application

Applicants should gather all necessary documentation ahead of time. This includes identification, proof of relationships, and relevant financial records. Creating a checklist can help ensure nothing is overlooked.

It is vital to clearly demonstrate connections to Australia, including employment, study, and family ties. If the applicant is applying for permanent residency or Australian citizenship, they should ensure that they meet all eligibility criteria.

Considerations for healthcare access are also important. Applicants need to understand how their healthcare needs may impact their residency application. Preparing detailed documentation regarding health insurance is recommended, especially if it may influence their eligibility.

Engaging With Migration Agents

Engaging with a registered migration agent can streamline the application process. Agents provide valuable insights into the balance of family test helping applicants gain a deeper understanding of specific requirements.

Navigate Your Family Ties with Immagine’s Expertise

Unlock your family’s future in Australia with Immagine Immigration. Our expert team assists with the balance of family test, ensuring your loved ones reunite seamlessly. Trust Immagine to turn your migration dreams into reality—because every family deserves a happy ending Down Under.

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