Thinking of sponsoring your parents for an Australian Parent Visa? Before you start researching costs and processing times, there's a fundamental eligibility requirement you must understand first: the Balance of Family Test. This test determines whether your parents have enough of their children living in Australia to qualify for a permanent Parent Visa-and if they fail, no amount of money or compelling circumstances can change the outcome.
Watch our video explainer:
In this guide, we'll explain exactly how the Balance of Family Test works, how children are counted (including the complex rules for step-children), common traps that cause families to fail, and strategic alternatives if your parents don't meet the test.
What is the Balance of Family Test?
The Balance of Family Test is codified in Regulation 1.05 of the Migration Regulations 1994 and is a mandatory eligibility criterion for most permanent Parent Visa applications. It assesses whether the parent applicant has sufficient family ties to Australia based on where their children live.
The Balance of Family Test cannot be waived-not even in compelling or exceptional circumstances. The Department of Home Affairs states this explicitly. If your parents fail, they cannot apply for a permanent Parent Visa.
When is the Test Assessed?
The Balance of Family Test is a "time of application" criterion-meaning your parents must meet the test on the day the visa application is lodged. However, circumstances may be reviewed again before the visa is granted, especially for the non-contributory visas which can take 20-30 years to process.
Before paying the non-refundable Visa Application Charge (VAC), conduct a forensic assessment of your family's situation. Lodging one day too early-before a sibling's PR is granted-can result in refusal.
How to Pass the Test
Your parents will meet the Balance of Family Test if at least one of the following conditions is satisfied:
| Condition | What It Means |
|---|---|
| Half Rule (50% Rule) | At least half of all their children are "eligible children" in Australia |
| Plurality Rule | More of their children live in Australia than in any other single country |
The Plurality Rule requires Australia to have more children than any other individual country-a tie results in FAIL. This is a common misunderstanding.
Understanding "Eligible Children"
Not all children count equally in this test. The key concept is "eligible child"-a specific legal definition under migration law.
Who Qualifies as an Eligible Child?
For a child to be counted as an "eligible child," they must be:
- An Australian citizen who usually resides in Australia, OR
- An Australian permanent resident who usually resides in Australia, OR
- An Eligible New Zealand Citizen (ENZC) who usually resides in Australia
The NZ Citizen Trap: Most New Zealanders in Australia hold a Special Category Visa (Subclass 444), which is a temporary visa. They are NOT eligible children unless they are "protected SCV holders" (generally those in Australia before 26 February 2001) or have been granted a permanent visa.
The "Usually Resident" Requirement
"Usually resident" is a factual assessment based on:
- Physical presence in Australia (not continuous, but significant)
- Intention to reside in Australia indefinitely
- Evidence such as employment, property ownership, lease agreements, and family ties
The PR Abroad Trap: An Australian permanent resident who moves overseas (e.g., takes a 5-year job in London, rents out their Australian home) may lose their "eligible" status. They are assessed as "usually resident" in their new country, which shifts them from supporting the application to working against it.
Who is NOT Counted as an Eligible Child?
| Category | Is an Eligible Child? |
|---|---|
| Child on temporary visa (student, 482, 485, 417, etc.) | ❌ No - counted as overseas resident |
| Child on Bridging Visa (waiting for substantive visa) | ❌ No - counted as overseas resident |
| NZ citizen on SCV 444 (arrived after 2001) | ❌ No - unless granted permanent visa |
| Australian PR living overseas permanently | ❌ No - not "usually resident" |
| Australian citizen living overseas permanently | ❌ No - not "usually resident" |
| Deceased child | ❌ Excluded from calculation entirely |
| Child removed from custody by court order | ❌ Excluded from calculation entirely |
| Refugee child in UNHCR camp | ❌ Excluded from calculation entirely |
| Step-child from polygamous/concurrent relationship | ❌ Not counted |
The Step-Child Rules: A Critical Distinction
One of the most complex areas of the Balance of Family Test involves step-children. The rules differ significantly depending on whether the step-child is from your parent's current or former partner.
Step-Children from Current Partner
If your parent has a current spouse or de facto partner, all of that partner's children are counted-regardless of age or where they live.
Example: Your father has 2 children in Australia (passing 2/2). He remarries a woman with 3 children living in the UK.
- New total: 5 children (2 in Australia, 3 in UK)
- Result: 2/5 = 40% → FAIL
A new marriage or de facto relationship can cause a previously eligible parent to fail the test if the new partner has children overseas. Consider this carefully before lodging.
Step-Children from Former Partner
Step-children from a former relationship (e.g., ex-spouse's children) have different rules:
| Former Partner's Child | Age | Custody Status | Counted? |
|---|---|---|---|
| Under 18 | Applicant HAS custody/guardianship | ✅ Yes | |
| Under 18 | Applicant does NOT have custody | ❌ No | |
| 18 or over | Irrelevant | ❌ No |
Strategic Insight: If your parent has a step-child from a former relationship who is currently 17 and counted against the test, waiting until that child turns 18 may remove them from the calculation.
The Estrangement Misconception
Estranged children still count. Many applicants assume that if they have no contact with a child-perhaps due to a family dispute-that child should not be counted. This is incorrect.
The Balance of Family Test is a biological and legal assessment, not a relational one. An estranged child living overseas counts exactly the same as a supportive child living overseas. Unless the estrangement resulted in:
- Formal removal of legal custody, OR
- Adoption by another party
...the estranged child remains in the calculation and can cause the parent to fail.
How Children Are Counted: Real Examples
Let's look at practical scenarios to understand how the test works.
Example 1: The Half Rule (PASS)
Parent has 4 children:
- Child A: Australian citizen, lives in Melbourne ✅
- Child B: Australian PR, lives in Sydney ✅
- Child C: Lives in China
- Child D: Lives in Singapore
Result: 2 out of 4 = 50% → PASS
Example 2: The Bridging Visa Trap (FAIL)
Parent has 3 children:
- Child A: Australian citizen, lives in Perth ✅
- Child B: In Australia on Bridging Visa A (waiting for Partner Visa 820/801)
- Child C: Lives in USA
Analysis: Child B is physically in Australia but holds a temporary visa. They are counted as an overseas resident.
Result: 1 eligible (Child A) vs 2 ineligible (B + C) → FAIL
Solution: Wait until Child B's Partner Visa is granted before lodging the Parent Visa application.
Example 3: The Plurality Rule (PASS Despite Low Percentage)
Parent has 4 children:
- Child A: Australian citizen, lives in Sydney ✅
- Child B: Lives in UK
- Child C: Lives in Germany
- Child D: Lives in Japan
Result: Only 1/4 = 25% → FAIL under Half Rule
But: 1 (Australia) vs 1 (UK) vs 1 (Germany) vs 1 (Japan). No single country has more than Australia. → PASS under Plurality Rule
If overseas children are spread across multiple countries, the Plurality Rule may save an otherwise failing application.
Example 4: The Tie-Breaker Failure
Parent has 4 children:
- Child A: Australian PR, lives in Adelaide ✅
- Child B: Australian PR, lives in Brisbane ✅
- Child C: Lives in China
- Child D: Lives in China
Result: 2/4 = 50% → PASS under Half Rule
But if one of the Australian children had moved overseas, making it 1 (Australia) vs 2 (China)? → FAIL (1 is not more than 2)
Which Visas Require the Balance of Family Test?
| Visa Subclass | Visa Name | Test Required? |
|---|---|---|
| 103 | Parent Visa | ✅ Yes |
| 143 | Contributory Parent Visa | ✅ Yes |
| 173 | Contributory Parent (Temporary) | ✅ Yes |
| 804 | Aged Parent Visa | ✅ Yes |
| 864 | Contributory Aged Parent Visa | ✅ Yes |
| 884 | Contributory Aged Parent (Temporary) | ✅ Yes |
| 870 | Sponsored Parent (Temporary) | ❌ No |
The temporary subclasses (173, 884) are pathways to permanent residency-the test must be passed at the initial stage.
The Subclass 870 does NOT require the Balance of Family Test. If your parents fail, this may be their only visa option to live with you in Australia (up to 10 years total: 5 years + 5 years renewal).
Common Reasons Families Fail
1. The Bridging Visa Trap
A child waiting for their own visa (e.g., Partner Visa, Skilled Visa) holds a Bridging Visa. Even though they live in Australia, they count as overseas. Wait for the substantive visa grant.
2. NZ Citizens Without Permanent Residency
Your sibling arrived from New Zealand in 2010 and has lived in Australia for 15 years on an SCV 444. Unless they've been granted a Skilled Visa or other permanent visa, they are not an eligible child.
3. New Partner's Children
Your parent remarries, and the new partner has children overseas. These children are automatically added to the count, potentially causing failure.
4. Children Abroad on Temporary Visas
Your sibling is in Australia on a 485 Graduate Visa. They don't count as eligible until they receive permanent residency.
5. PR Children Who Moved Overseas
Your sibling is an Australian PR but took a job in Singapore 3 years ago. Their "usually resident" status is now Singapore, not Australia.
Strategic Timing: When to Lodge
Because the test is assessed at time of application, timing is critical:
| Situation | Strategy |
|---|---|
| Sibling on Bridging Visa | Wait for substantive visa grant |
| Sibling applying for PR | Wait for PR grant notification |
| Step-child from former partner is 17 | May wait until they turn 18 (removes from count) |
| Sibling PR living overseas | Encourage sibling to return and re-establish Australian residence |
What If Your Parents Fail the Test?
| Alternative | Description | Duration |
|---|---|---|
| Subclass 870 | Sponsored Parent (Temporary) Visa | Up to 10 years (5 + 5) |
| Visitor Visa | Subclass 600 with extended stay | 3-12 months per visit |
| Wait for siblings | Reassess when family balance changes | Variable |
The Subclass 870 allows parents to live in Australia for extended periods without meeting the Balance of Family Test. The trade-off: no work rights, no PR pathway, and private health insurance required.
Special Exemption: Retiree Visa Holders
Parents who held a Subclass 405 (Investor Retirement) or Subclass 410 (Retirement) visa on 8 May 2018-and haven't held another substantive visa since-can apply for Parent Visas without meeting the Balance of Family Test.
Preparing Your Parent Visa Application
If your parents meet the test, gather these documents:
For Each Child:
- Birth certificate (proving parent-child relationship)
- Citizenship certificate or permanent visa grant notice
- Australian residence evidence (utility bills, lease, employment records)
For Excluded Children:
- Death certificates (deceased children)
- Court orders (custody removal)
- UNHCR documentation (refugee children)
For Step-Children:
- Marriage/relationship evidence with current partner
- Custody documentation for former partner's children under 18
How First Migration Can Help
The Balance of Family Test involves more complexity than most families anticipate-from NZ citizen eligibility rules to step-children calculations to strategic timing around bridging visas.
At First Migration Service Centre, our registered migration agents specialise in Parent Visa applications and can conduct a comprehensive family assessment before you invest in visa fees.
Ready to check if your parents qualify? We invite you to submit a free visa assessment and let us evaluate your parents' eligibility under the Balance of Family Test.
MARA Registered Agent
Registration No. 1569835
Certified by the Migration Agents Registration Authority. Your trusted partner for Australian visa applications.

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