Need help? We are available to speak to you 7 days a weekRead More

Australia's largest independent migration law firm. Get a FREE Consultation T&C's apply

Need help? We are available 7 days a week.

Cross symbol icon
Blank Image
0800 010 010
Open 7 days
Smartphone icon
1300 150 745

New Instrument Governs Child Visa Application Submissions

Senior Associate - Senior Australian Migration Lawyer
Published on:
September 4, 2026
|
Modified on:
September 4, 2026
Updates
Senior Associate - Senior Australian Migration Lawyer
Published on:
September 4, 2026
Modified on:
September 4, 2026
Senior Associate - Senior Australian Migration Lawyer
Published on:
September 4, 2026
Modified on:
September 4, 2026
Table of Contents
Let's get your visa application right.

Decision-ready applications, prepared by lawyers.

No Visa, No Fee options available.*

Free initial consultation (T&Cs apply).

Speak with us

Key Takeaways

  • The Migration (Arrangements for Child Visa Applications) Instrument 2026 commenced on 2 September 2026
  • It replaces the Arrangements for Child Visa Applications 2016/051, which was due to sunset on 1 October 2026
  • The instrument governs the approved form, manner and place of lodgement for Child (Migrant) (Class AH), Child (Residence) (Class BT) and Extended Eligibility (Temporary) (Class TK) visa applications
  • Applications must generally be made on Form 47CH (or Form 918 for Class TK) and lodged by post or courier to the Department of Home Affairs' Child and Other Family Processing Centre
  • Pakistan remains the only specified country under the adoption provisions, with no limitation on the relevant time period
  • Transitional arrangements preserve the validity of applications already lodged at addresses specified under the former 2016 instrument
minute read

The Australian Government regularly reviews and refreshes the legislative instruments that support the Migration Regulations 1994, and Child visa applications are the latest to be updated. A new instrument has now taken effect governing how certain Child visa applications must be lodged, replacing arrangements that had been in place for around a decade. While the update is procedural rather than a change to visa eligibility, it is still important for anyone preparing or reviewing a Child visa application to understand what has changed and when it applies.

What the new instrument changes

The Migration (Arrangements for Child Visa Applications) Instrument 2026 (LIN 26/081) repeals and replaces the Arrangements for Child Visa Applications 2016/051. The new instrument was made under subregulation 2.07(5) of the Migration Regulations 1994 and sets out the approved form, manner and place for lodging applications for three visa classes, Child (Migrant) (Class AH), Child (Resident) (Class BT), and Extended Eligibility (Temporary) (Class TK).

For Child (Migrant) and Child (Resident) visa applications, the approved form remains Form 47CH. Extended Eligibility (Temporary) (Class TK) visa applications must be made on Form 918. Applications must be lodged either by post, with sufficient pre-paid postage, to the Department of Home Affairs' Child and Other Family Processing Centre in Port Melbourne, Victoria, or by courier service to the Department's Wellington Central address in West Perth, Western Australia.

The instrument also continues an existing restriction concerning overseas adoptions. Pakistan is the only country specified for the purposes of this provision, and no time limitation applies to the relevant adoption period. This means an application for a Child (Migrant) or Child (Residence) visa will not be a valid application where the applicant seeks to satisfy the relevant criteria by relying on an adoption said to have occurred in Pakistan.

When the changes take effect

The instrument commences on 2 September 2026, the day after its registration on 1 September 2026. From this date, the 2026 instrument is the operative legal authority for the form, manner and place of lodging applications in the three visa classes above, and the 2016 instrument it replaces is repealed in full.

[free_consultation]

Book a Consultation‍

If you are interested in getting more information about a visa, get in touch with Australian Migration Lawyers for a consultation.

[/free_consultation]

What this means for applications already lodged

The instrument does not disturb applications that were already in the system before it commenced. A transitional provision specifically preserves the validity of applications lodged under the former 2016 arrangements, so families who submitted their application before 2 September 2026 are not required to resubmit or take any further steps as a result of this change. In practical terms, this means:

  • If your application for a Child (Migrant), Child (Residence) or Extended Eligibility (Temporary) visa was already received at an address specified under the former 2016 instrument before 2 September 2026, it remains valid, and no further action is required
  • The application is taken to have been received on the original date it was received and stamped, not the date the new instrument commenced
  • The change in instrument does not affect how an already-lodged application is assessed

What this means for future applications

From 2 September 2026, anyone preparing a new application in one of the affected visa classes needs to follow the requirements set out in the current instrument rather than the repealed 2016 arrangements. Getting the form, lodgement method or address wrong could put the validity of the application at risk, so it is worth confirming the following before submitting:

  • For any application made from 2 September 2026 onward, the requirements in the new instrument apply
  • Applicants must use the current approved form, Form 47CH for Child (Migrant) and Child (Residence) applications, or Form 918 for Extended Eligibility (Temporary) (Class TK) applications
  • Applications must be lodged by post to the Department's Child and Other Family Processing Centre in Port Melbourne, Victoria, or by courier to the Wellington Central address in West Perth, Western Australia
  • Sending an application to an outdated address, in the wrong manner, or on the wrong form risks the application being treated as invalid

[success_stories] [/success_stories]

How Australian Migration Lawyers can help you

At Australian Migration Lawyers, we understand that even administrative changes to visa lodgement requirements can create uncertainty for families navigating the Child visa process. Our migration lawyers can review your circumstances, confirm the correct form and lodgement pathway for your application, and help you avoid delays caused by procedural errors. Contact us for a free consultation, available seven days a week.

Nicholas Merlin Esq.

With 15 years of experience in United States law and public administration, followed by 5 years practising Australian migration law, Nick brings a depth of cross-jurisdictional legal expertise to his work as an Australian migration lawyer.

Nick holds a Bachelor of Arts in Political Science from Florida State University (2000), a Juris Doctorate from St. Thomas University School of Law (2004), and a Master of Public Administration from Florida State University (2007). He has been a member of the Florida Bar since 2006 and the District of Columbia Court of Appeals Bar since 2007, establishing a distinguished international legal career before relocating to Melbourne in 2021.

After completing his Australian legal studies at La Trobe University and The College of Law, he was admitted as an Australian lawyer by the Supreme Court of Victoria in 2022. He subsequently obtained Legal Practitioner Number 5513285, through which he practises in migration law. He is a member of the Law Institute of Victoria.

Nick offers expert guidance on a wide range of migration matters. Having personally navigated the migration process himself, he brings both professional expertise and genuine understanding of what clients experience throughout the process.

Nick serves clients nationally, including in Melbourne, Sydney, Brisbane, Perth, and Adelaide, providing comprehensive support.  

He has represented clients in proceedings before the Administrative Review Tribunal (ART), bringing tribunal advocacy experience to complex and contested migration matters.

Outside his professional life, Nick enjoys reading, travel, and exploring Melbourne's coffee culture.

Read More

LEGAL DISCLAIMER: Articles and blog posts published by Australian Migration Lawyers provide general information only and do not constitute migration or legal advice. Reading this content does not create a lawyer-client relationship, and any reliance on it is strictly at your own risk. Because migration laws change frequently, please consult a registered Australian Lawyer for professional advice tailored to your specific circumstances before making any migration decisions or applications.

Chat icon graphic

Book your free 30 minute consultation

Tell us about your situation, and we will get back to you shortly.

Disclaimer copy

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Chat icon graphic

Book your free 30 minute consultation

Tell us about your situation, and we will get back to you shortly.

Disclaimer copy

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Claim your consultation

Tell us a little about your situation, and one of our migration lawyers will get back to you as soon as possible.

No items found.