Sponsorship for the Child Visa (Subclass 101) in 2026: Approval, Child Protection Checks and the Two-Year Undertaking
How pending charges and convictions affect subclass 101 sponsorship approval, plus what the sponsor's two-year undertaking actually covers.
A pending registrable offence charge against the sponsor ends the matter: under the Australian Department of Home Affairs' Child visa (subclass 101) official page, the department will refuse both the sponsorship and the child's visa application. A conviction is not an automatic refusal, but the page states that sponsorship can then be approved only in very limited circumstances. This article is general information about how the rules are published, not an assessment of any individual situation — the sponsorship test turns on facts the department verifies for itself, so current official guidance and independent professional advice are the only reliable reference points for a particular case.
Who has to clear the child protection check?
Not just the person signing the form. The department's official page applies the test to the sponsor and their spouse or de facto partner, if they have one. In practice that means a couple cannot sidestep the check by having the parent with no record sign as sponsor while the other partner carries a charge or conviction.
The sponsorship itself must come from an eligible parent, or from that parent's spouse or de facto partner. On the department's page this sits alongside the other eligibility criteria the child has to meet — dependency on an Australian citizen, eligible New Zealand citizen or Australian permanent visa holder, the relationship type, age, and the health, character and consent requirements.
What happens if there is a charge, and what happens if there is a conviction?
| Sponsor or their spouse/de facto partner has | What the department says about the sponsorship | What happens to the child's visa |
|---|---|---|
| A pending registrable offence charge | Sponsorship will be refused | The visa application will be refused |
| A registrable offence conviction | Approval possible only in very limited circumstances | Cannot be granted unless the sponsorship is approved |
The asymmetry matters. A charge that has not yet been tested in court is treated as fatal to the application, while a conviction is described as leaving a narrow path — the official page does not set out what fills that path, so the limits have to be read from the department's Measures for the protection of children material and treated as subject to the current published position.
The term "registrable offence" is a defined one rather than a general description of criminal history, and the department's Child visa (subclass 101) page points readers to its Measures for the protection of children page for that framework. The department's procedural guidance (PAM3) describes cases where a sponsorship may be refused on child protection grounds as being referred internally for specialist assessment, with a child welfare alert recorded.
Why does a sponsorship problem sink the whole application?
Because the sponsorship is a precondition of the grant, not a parallel process. The department states plainly that it must approve the sponsorship before the visa can be granted, and the Migration Regulations 1994 reflect the same structure — clause 101.222 requires the sponsorship to have been approved by the Minister and still be in force at the time of decision.
That is why the two refusals arrive together. If the sponsorship fails the child protection test, there is no residual pathway for the visa: the criterion cannot be satisfied, so the application is refused.
What is the sponsor's two-year undertaking?
Signing Form 40CH Sponsorship for a child to migrate to Australia is not only a declaration of relationship. The department's procedural guidance (PAM3) describes the sponsor as undertaking to provide financial and accommodation support for the child for two years after the child's first entry into Australia.
Two points follow from that. First, the undertaking runs from first entry, not from the date of application or grant, so it bites at the point the child actually arrives. Second, the same guidance notes that the Regulations do not require the decision maker to assess whether the sponsor has the capacity to meet it, except where child protection considerations are engaged. In other words, the two-year undertaking is a commitment the sponsor gives; it is not normally a means test. The Regulations also allow an assurance of support to be required in some cases, and that is a separate instrument again.
Where does the sponsorship form sit in the application?
Subclass 101 is a paper application, and the sponsorship travels with it rather than after it. The department's page lists two forms that must be completed in English and sent together by post or courier to the Child and Other Family Processing Centre in Perth:
- Form 47CH Application for migration to Australia by a child
- Form 40CH Sponsorship for a child to migrate to Australia
The application charge must be paid before the application is posted; the department does not process an application until payment is made, and it does not refund the fee if the application is refused. Applications submitted in person, or to any other office, are not valid applications.
What else can fail at the same time?
The sponsorship test is the sharpest risk, but it is not the only one. The child also has to satisfy the criteria on the department's page: dependency on an eligible parent and a qualifying relationship (biological, adopted in the circumstances described, or a stepchild from a former partner); the age rules — under 18, or 18 to under 25 and studying full time, or over 18 with a disability; no current or past marriage, engagement or de facto relationship; the health requirement; the character requirement for children aged 16 or over; repayment of any debt to the Australian Government by the child or any member of their family, or a formal arrangement to pay it back; and, for a child under 18, consent to migrate from everyone who can legally decide where they live, or an alternative basis set out on the page. The department may also refuse if granting the visa would not be in the best interests of an applicant under 18.
Frequently Asked Questions
Does a charge that has not gone to court still trigger refusal?
Yes. The department's official page says that a pending registrable offence charge affecting the sponsor or their spouse or de facto partner results in refusal of both the sponsorship and the visa application. "Pending" is the operative word — the outcome does not wait for the court.
Can I sponsor if the record belongs to my partner rather than me?
No, if the record is a pending registrable offence charge. The child protection test is applied to the sponsor and to their spouse or de facto partner, so nominating the other partner as sponsor does not remove the exposure.
Is the two-year undertaking a financial capacity test?
Generally not. The department's procedural guidance (PAM3) describes the undertaking as a commitment to provide financial and accommodation support for two years after the child's first entry, and notes that the Regulations do not require an assessment of the sponsor's capacity to meet it except where child protection considerations arise.
Can the visa be granted while the sponsorship is still being assessed?
No. The department states that it must approve the sponsorship before the visa can be granted, and the Migration Regulations 1994 (clause 101.222) require the sponsorship to be approved and still in force at the time of decision.
Does the child's own criminal history matter as well?
Yes, for older children. Children aged 16 or over must meet the character requirement, must provide police certificates from every country they have spent 12 months or more in over the last 10 years since turning 16, and must complete Form 80 Personal particulars for assessment including character assessment. For Australia, the department accepts only AFP National Police Certificates applied for under Code 33 – Immigration/Citizenship.
Is there anything the sponsor should do before lodging?
The decision-relevant step is to understand the child protection position first, because a refused sponsorship cannot be cured by the child's own evidence. Beyond that, the department's page sets out the forms, the paper lodgement route to the Perth processing centre, and the requirement to pay the application charge before posting.