Forms 47CH and 40CH: Child Visa Applications and Sponsorship

Updated 25 October 2026. By Madhab Kharel, Principal Lawyer.

Form 47CH concerns an application for migration to Australia by a child. Form 40CH concerns sponsorship for a child to migrate. They perform different roles and must be prepared against the correct child visa pathway, family circumstances and current lodgement instructions.

Key points before you start

• Use the current form and instructions for your particular application.
• Check the legal effect, evidence and any deadline before signing.
• Keep the submitted version and confirmation; do not assume submission guarantees an outcome.

Applicant form and sponsor form

Form 47CH provides the child’s application information; Form 40CH records the proposed sponsorship. The current instructions direct the relevant forms to be lodged together. A sponsor’s signature does not establish that the child satisfies all visa criteria, and the application form does not establish sponsor eligibility.

Identify the correct pathway first

The child’s location, age, relationship, dependency and family circumstances can affect the appropriate visa. Child, adoption and orphan-relative circumstances should not be treated as interchangeable. Establish the applicable pathway before relying on a generic checklist or copying another family’s application.

Who completes and signs?

The Form 47CH instructions address completion and signing for an applicant under 16 by the appropriate parent, relative or guardian, depending on the visa. Other declarations may apply to included adults. Read the actual requirements rather than assuming the sponsoring adult may sign every declaration for every applicant.

Parental responsibility and consent

Check who can lawfully determine where the child lives and whether consent or legal authority evidence is needed. Form 1229 is a separate visa-consent document; it is not a substitute for a parenting order or universal permission to relocate. Read relevant court orders in full and obtain advice where immigration and family law overlap.

Prepare the sponsorship evidence

Form 40CH identifies sponsor status, age and relationship requirements and includes support undertakings. Requirements can differ by category. Gather the relevant identity, status, relationship and other records. Read the undertakings before signing and check any restrictions arising from sponsor history or character.

Lodgement and document quality

Follow the current subclass instructions for the correct application class, payment, supporting evidence and delivery method. The availability of online document-management functions does not mean the initial application can always be lodged online. Keep a complete copy and reliable evidence of delivery or submission. Explain inconsistent civil records instead of silently changing details.

The Emigrate Lawyers Difference

We assess what the form means for your matter before treating it as paperwork. Our approach connects the answers, supporting documents and legal criteria so that you understand the action being taken.

• Lawyer-led assistance: a lawyer assesses the legal issues within the scope of your engagement.
• Clear scope and fees: where we quote a fixed fee, the agreed work and exclusions are set out in writing. No monthly administration fees for that agreed service.
• Evidence that addresses the issue: we identify inconsistencies, missing records and documents that may not establish what you need to prove.
• Practical communication: we explain the proposed next step, documents needed and relevant deadlines. Any additional work or change in scope is discussed with you.

Our professional service does not guarantee a visa grant, a condition change or a particular processing time.

Our process

1. Understand your situation. We review the form or request, visa history and relevant deadline.
2. Assess the pathway and risks. We explain the proposed scope, legal issues, evidence needs and fees before you engage us.
3. Prepare and check. Within the agreed scope, we prepare or review the information and supporting records, clarify discrepancies and obtain your confirmation of the facts.
4. Submit and plan the next step. We confirm who is responsible for lodgement, retain submission records and explain any monitoring or further response included in the engagement.

Discuss your next step

Contact Emigrate Lawyers with the form or Department request, application reference and deadline. If the deadline is today or the next business day, call 1300 807 134. Our team must confirm whether we can accept instructions and assist in time.

Related forms and guidance

• Form 1229: child visa consent
• Immigration and citizenship forms directory

Official sources

• Home Affairs Form 47CH and instructions
• Home Affairs Form 40CH and instructions
• Home Affairs departmental forms directory

Sources checked on 25 October 2026. Follow the current subclass checklist and any case-specific instructions.

Disclaimer

This article provides general information only and is not legal advice. It does not take account of your individual circumstances and does not create a lawyer–client relationship. Laws, forms, fees and procedures can change. Obtain advice about your circumstances before acting. No visa outcome, review outcome or processing timeframe is guaranteed. Sending an enquiry does not mean the firm has accepted instructions or agreed to meet a deadline.