Australia parent visa: 6 categories subject to strict balance-of-family test
Australia
Australia has confirmed that parents applying under six different parent visa subclasses must pass the country’s strict balance-of-family test before they can be granted a visa.
The requirement applies to parent visa pathways covering temporary and permanent residence, making it an important condition for parents hoping to join their children in Australia.
According to Australia’s Department of Home Affairs, applicants must demonstrate that their family connections are sufficiently concentrated in Australia compared with other countries.
The department has also made clear that the test cannot be waived, including in compelling or exceptional circumstances.
How Australia’s balance-of-family test works
The balance-of-family test is designed to determine whether a parent applicant has stronger family ties to Australia than to any other single country.
A parent can satisfy the test in either of two ways.
The first is by having at least half of their children and stepchildren living in Australia as eligible children.
The second is by having more eligible children living in Australia than in any other single country.
This means an applicant does not necessarily need to have a majority of their children in Australia.
The comparison is also important. If more children live in Australia than in any other individual country, the applicant can potentially satisfy this part of the requirement.
Six Australian parent visas affected
Australia applies the balance-of-family test to six parent visa subclasses.
They are:
1. Subclass 103 Parent visa
The Parent visa provides a pathway for eligible parents to live in Australia with their children, subject to the requirements of the visa.
2. Subclass 143 Contributory Parent visa
The Contributory Parent visa is a permanent residence pathway that involves a higher visa charge in exchange for a different processing and migration framework.
3. Subclass 173 Contributory Parent (Temporary) visa
This temporary contributory parent visa provides a pathway for eligible parents before they potentially progress to permanent residence through the relevant pathway.
4. Subclass 804 Aged Parent visa
The Aged Parent visa is designed for eligible older parents who meet Australia’s requirements for this category.
5. Subclass 864 Contributory Aged Parent visa
This is a permanent contributory pathway for eligible aged parents seeking to live in Australia.
6. Subclass 884 Contributory Aged Parent (Temporary) visa
The Subclass 884 visa provides a temporary contributory pathway for eligible aged parents.
Together, these six subclasses cover different parent migration circumstances, but applicants across the listed routes are still subject to the balance-of-family requirement.
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Australia says the test cannot be waived
One of the most important aspects of the policy is that there is no exemption from the balance-of-family test based on personal circumstances.
Australia’s Department of Home Affairs says the test cannot be waived, even where an applicant believes their circumstances are compelling or exceptional.
This means a parent who does not meet the family-balance requirement cannot simply rely on hardship or other personal considerations to have the condition removed.
For families planning a move to Australia, checking eligibility before beginning the application process can help prevent an unsuitable visa application.
What this means for parents of Australians
The rule can be particularly important for parents whose adult children have moved to Australia while other children remain overseas.
A parent may have several children living in different countries, making the location of each eligible child relevant to the assessment.
For someone considering a parent visa, simply having a child who lives in Australia is not enough to establish eligibility under the balance-of-family test.
The number and location of the applicant’s eligible children and stepchildren must be considered.
Why the rule matters to Nigerian families
For Nigerian families with relatives who have relocated to Australia, the balance-of-family test can become an important part of family migration planning.
A parent may hope to join an adult son or daughter who has settled in Australia, but the outcome can depend on where the applicant’s other children live.
Parents considering one of the affected visa subclasses should establish their family position before relying on the Australian parent visa pathway.
The test is only one part of the overall visa process, meaning applicants must also meet the other requirements attached to their chosen subclass.
Frequently Asked Questions
What is Australia’s balance-of-family test?
It is a requirement used for certain parent visas to assess whether a parent applicant has sufficient family ties in Australia compared with other countries where their children live.
How can a parent pass Australia’s balance-of-family test?
A parent can meet the test if at least half of their eligible children live in Australia, or if more eligible children live in Australia than in any other single country.
Which Australian parent visas require the balance-of-family test?
The test applies to Subclasses 103, 143, 173, 804, 864 and 884.
Can Australia waive the balance-of-family test?
No. The Department of Home Affairs states that the requirement cannot be waived, including in compelling or exceptional circumstances.
Does having a child in Australia guarantee a parent visa?
No. Having a child in Australia does not automatically satisfy the balance-of-family test or guarantee a visa. Applicants must meet the requirements of the relevant visa subclass.
Do stepchildren count under the balance-of-family test?
Eligible stepchildren can be considered when determining whether an applicant satisfies the test, subject to the applicable Australian immigration rules.