New Instrument Governs Child Visa Application Submissions

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form, manner and place of lodging applications in the three visa classes above, and the 2016 instrument it replaces is repealed in full.

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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

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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.