Australian Child Visa Application New Rules (2026): What Parents Need to Know
f you’re hoping to bring your child to Australia, or to secure their future here, the September 2026 headlines may have left you feeling uncertain. New rules, new addresses and new priorities can make it hard to know what actually applies to your family.
The reassuring news is that the rules about who qualifies for a Child visa have not changed. What changed in 2026 is how and where you lodge, how applications are prioritised, and what the visa costs. The new lodgement instrument replaces arrangements that were due to expire on 1 October 2026, and its changes are largely technical.
This guide explains the position as at October 2026, and forms part of our wider guide to Australian family visas.
Table of Contents
- What are the new Child visa rules in 2026?
- The new lodgement arrangements (2 September 2026)
- Processing priorities: what Direction 117 means for your child
- How much does a Child visa cost in 2026?
- Subclass 101 or 802: which one applies?
- Who can still apply? (The eligibility rules have not changed)
- Consent, custody and separated parents
- When citizenship by descent is the better path
- Current processing times
- Common issues we help families avoid
- Frequently Asked Questions
What are the new Child visa rules in 2026?
| What changed | When | What it means for you |
|---|---|---|
| New prescribed lodgement arrangements, including a new postal address | 2 September 2026 | Using the wrong form, method or address can mean the application is not validly made |
| Ministerial Direction 117 replaced Direction 102 | 25 July 2026 | Dependent child applications stay near the front of the family queue, and location matters |
| Visa application charge indexed | 1 July 2026 | Base charge is AUD 4,040 for most Child visa subclasses, and AUD 2,475 for Orphan Relative visas |
| 2026–27 Migration Program planning level | 1 July 2026 | 3,500 Child visa places (a planning level, not a cap) |
None of these changes affect the core question: is your child a genuine, dependent child of a parent who is an Australian citizen, eligible New Zealand citizen or permanent visa holder?
The new lodgement arrangements (2 September 2026)
This is the change we’d most like families to be aware of.
Child visa applications are still paper-based. The Department of Home Affairs confirms that you must apply on a paper form, rather than through ImmiAccount. Once your application is lodged, you may be able to link it to your ImmiAccount to track its progress and use online services.
From 2 September 2026, a new legislative instrument sets the form, the manner and the place for lodging. It covers:
- Child (Migrant) (Class AH): subclasses 101, 102 and 117
- Child (Residence) (Class BT): subclasses 802 and 837
- Extended Eligibility (Temporary) (Class TK): subclass 445
Child and Orphan Relative applications use Form 47CH, while Subclass 445 uses Form 918.
The most visible change is the postal address for lodgement of the application. Please note that the courier address is different from the postal address for lodgement of the application.
Because addresses can change at short notice, we gently suggest not relying on an old checklist, a forum post, or even this article. Please confirm the current prescribed address on the day you lodge.
Why does this matter?
If the form, the method or the place of lodgement does not meet the requirements, the application may not be treated as validly made. That can affect your lodgement date, which matters because your child’s age is usually tested at the time of application.
There is a transitional protection. An application received at an address that was valid under the old 2016 instrument is treated as validly made under the new one. It’s a safety net for applications already in the post at the changeover, rather than a reason to keep using the old address.
This is exactly why our Application Preparation Service exists. With paper applications, there is no screen to warn you of a mistake before you submit.
A restriction on adoptions in Pakistan
The instrument continues an existing restriction. A Child (Migrant) or Child (Residence) application is not valid if the applicant relies on an adoption that took place in Pakistan to meet the visa criteria, and there is no time limit on this. If your child’s case involves an overseas adoption, please arrange to speak with one of our migration lawyers to discuss the situation.
Processing priorities: what Direction 117 means for your child
On 25 July 2026, Ministerial Direction 117 replaced Direction 102. It sets the order in which family visa applications are processed.
The published order of priority is:
- Applications subject to ministerial intervention
- Applications by a partner or a dependent child
- Orphan Relative applications
- Contributory Parent and Contributory Aged Parent applications
- Carer applications
- Parent, Aged Parent, Remaining Relative and Aged Dependent Relative applications
Within the broader framework, applications made while the applicant was in Australia, and capable of being granted in Australia, receive the highest broad priority.
In practical terms, dependent child applications sit near the front of the family queue, and an onshore Subclass 802 application also benefits from the location rules.
Direction 117 also allows an application to be prioritised where there are compassionate circumstances and compelling reasons. If your child’s situation is urgent, please let us know early, and we can assess whether a priority request is realistic.
To see how the same direction affects couples, read our guide to Direction 117 and Partner visa processing priorities.
It’s also worth knowing that Child visas are not capped and queued the way Parent visas are. That is a very different experience from the decades-long waits described in our Parent visa planning level guide.
How much does a Child visa cost in 2026?
Following the 1 July 2026 indexation, the base application charge is AUD 4,040 for Subclasses 101, 802, 102 and 445. The Orphan Relative visas (Subclasses 117 and 837) have a lower base charge of AUD 2,475. Reduced charges may apply to some applicants holding passports from eligible Pacific countries.
Please note that these are government charges, paid directly to the Australian Government when you lodge. They’re separate from our professional fees, which depend on your family’s unique situation.
At your first consultation, we’ll take the time to understand your situation and give you a clear quote, so you can move forward with confidence.
Three things to keep in mind:
- Government visa charges are reviewed every 1 July. You can check the latest figures on Home Affairs’ current visa pricing page.
- Additional charges apply if another person, such as your child’s own dependent child, is included in the application.
- There may be extra costs for health examinations, police certificates and biometrics.
Subclass 101 or 802: which one applies?
The difference comes down to one thing: where your child is.
| Child visa (Subclass 101) | Child visa (Subclass 802) | |
|---|---|---|
| Child’s location when applying | Outside Australia | Inside Australia |
| Child’s location at decision | Outside Australia | Inside Australia |
| Bridging visa | No | Usually, if your child holds a substantive visa |
| Typical situation | Child living overseas, not included in your own migration application | Child already in Australia on another visa |
| Typical processing | Around two years, sometimes longer | Around two years, sometimes longer |
In general, an application can’t start as one subclass and finish as the other. If your child is overseas and later arrives on a visitor visa, a 101 does not automatically become an 802. If your child’s location may change during the process, please seek advice before anyone books a flight.
You can read the official pages for Subclass 101 and Subclass 802.
Who can still apply? (The eligibility rules have not changed)
Generally, the child must:
- be sponsored by a parent who is an Australian citizen, eligible New Zealand citizen or permanent visa holder
- be dependent on that parent
- have no spouse or de facto partner
- meet the health requirement
- meet the character requirement if aged 16 or over
- have consent to migrate from everyone with legal custody or guardianship
- have no outstanding debt to the Australian Government, or a formal repayment arrangement
What about children aged 18 and over?
Turning 18 does not automatically end a child’s eligibility. An applicant aged 18 to 24 may qualify if they are:
Speak to a Lawyer today
If you are interested in getting more information about a visa, get in touch with Emerson Migration Law for a consultation.
- financially dependent on the sponsoring parent
- undertaking full-time study towards a professional, trade or vocational qualification
- not working full-time
- not engaged, and never married or in a de facto relationship
Enrolment on its own usually isn’t sufficient. You can expect to show academic records and evidence of genuine progress. Part-time study and short leisure courses generally won’t meet the requirement.
Different rules apply to an adult child who is incapacitated for work because of a loss of bodily or mental function. The usual age limit and study requirement may not apply, although the dependency and health criteria still do.
What if my child turns 18 or 25 while we wait?
Age is generally tested at the time of application, so a child who applied while under 18 does not usually lose eligibility simply by turning 18 during processing.
For a child aged 18 or over, the position is stricter. A full-time student must be studying full-time both when applying and when the application is decided, and must not be working full-time.
Birthdays during processing can raise difficult questions, as can changes in study, work or relationship status.
Stepchildren
The rules for stepchildren are more specific than many families expect. A separate Child visa for a stepchild generally requires the child to be under 18 and the child of the step-parent’s former partner. The step-parent must also meet the legal responsibility requirements, such as parenting orders, guardianship or custody.
If you are applying for a Partner visa and your child is coming with you, the answer is usually different. Your child may be included in your application, or may need the temporary Dependent Child visa (Subclass 445).
Our Partner visa team can map this out with you before you lodge.
Consent, custody and separated parents
This is an area where even strong applications require greater consideration.
If the child’s other legal parent is not applying for an Australian visa, you will generally need their written consent, or a court order that covers the child’s relocation. For some families this is straightforward. For others, it takes more time and care.
Where parents have separated, or there are parenting orders or a dispute over where the child lives, migration and family law begin to overlap. Our family law division, Emerson Family Law, can assist where a parenting question needs to be resolved first.
We encourage you to raise the matter of consent for migration early. It is far easier to address before you lodge than after a request for further information arrives.
When citizenship by descent is the better path
Before you pay a visa charge, it’s worth asking one question: was my child born overseas to a parent who was an Australian citizen at the time of birth?
If so, your child may be able to apply for Australian citizenship by descent instead of a visa. As explained by SBS, children born overseas to Australian citizens can acquire citizenship by descent, while children born overseas to permanent residents do not.
For many families, this path is faster and avoids the visa process entirely. Our Australian citizenship team can assess this with you.
Overseas surrogacy needs particular care. A foreign birth certificate may not settle the parent–child relationship for Australian purposes, and you may need evidence of a biological link. The legal pathway depends on the facts, so if you are still planning, we’d recommend speaking with a lawyer before the arrangement begins, rather than after your baby is born.
Current Child Visa processing times in 2026
Recent published figures put typical Child visa processing at around two years, with the slowest applications taking considerably longer.
These figures are indicative rather than guaranteed. Processing depends on the completeness of your application, health and character checks, consent issues and complexity. You can see the latest numbers on the Department of Home Affairs’ visa processing times page.
Common issues we help families avoid
- Using an old address or form from a template or a website that was not updated
- Choosing the wrong subclass because the child’s location was misunderstood
- Missing evidence of consent from the other legal parent
- Not enough evidence of dependency for a child aged 18 or over
- Assuming a Partner visa child needs a Child visa, or the reverse
- Lodging too late and losing the benefit of the child’s age at application
A refusal is not always the end of the road. If your application has been refused, our guide to visa appeals and refusals explains your options.
Speak to a lawyer today
At Emerson Migration Law, we know a Child visa is never just a form. It is a family hoping to be together in the same place.
We can help you confirm the right pathway, assess consent and custody, prepare the evidence and lodge correctly. If you’re unsure where to start, book a consultation and we’ll look at your circumstances together.
Frequently Asked Questions
What are the new Australian Child visa rules for 2026?
The eligibility rules have not changed. What changed is the lodgement arrangements from 2 September 2026, the processing priorities under Ministerial Direction 117 from 25 July 2026, and the visa charge from 1 July 2026.
How much is the Child visa in 2026?
The government application charge is AUD 4,040 for Subclasses 101, 802, 102 and 445, and AUD 2,475 for the Orphan Relative visas (Subclasses 117 and 837). Our professional fees are separate and set out in full on our transparent fees page.
For strategic guidance on your family’s circumstances, you’re welcome to arrange a consultation with our team.
How long does a Child visa take?
Around two years for many applications, and longer for some. These figures are indicative only.
Can my child apply after turning 18?
Yes, in some cases. An applicant aged 18 to 24 may qualify if they are financially dependent and studying full-time. Different rules apply for an adult child with an incapacity.
Can I bring my stepchild to Australia?
Sometimes. A separate Child visa for a stepchild has specific requirements. If you are applying for a Partner visa, your child may be included in your application, or may need a Subclass 445 visa.
Does my child need a visa if I am an Australian citizen?
Not necessarily. If your child was born overseas to a parent who was an Australian citizen at the time of birth, citizenship by descent may be available instead.
Disclaimer: this article is general information only and is not legal advice. Australian Migration law changes frequently. Please speak to a lawyer about your own circumstances.

Aishwarya Somal
LLB. (UQ) GradDipLP
Aishwarya Somal is a multi award-winning Australian Immigration lawyer, recognised for delivering commercially nuanced solutions for global investors, professionals, and businesses wishing to migrate to Australia. With a reputation for precision and personalised service, Aishwarya’s unique strength lies in navigating complex migration pathways with commercial insight and global perspective.



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