Bhutanese families in Australia are unlikely to be affected by Australia’s new legislative instrument governing certain Child visa applications, which came into effect on September 2, 2026.
The Migration (Arrangements for Child Visa Applications) Instrument 2026 (LIN 26/081) repeals and replaces the previous instrument, Arrangements for Child Visa Applications 2016/051, which was scheduled to sunset on October 1, 2026.
The new instrument sets out the approved forms, procedures and locations for applications for Child (Migrant) (Class AH), Child (Residence) (Class BT) and Extended Temporary (Class TK) visas.
However, migration practitioners say the changes are largely administrative and technical and do not introduce a new visa requirement that would affect Bhutanese families generally.
According to Kipchu, Managing Director of Smart Education Consultancy in Australia, the most important point is understanding who the Child visa provisions actually apply to.
“Child visa is applicable only to children whose parents are Australian citizens or permanent residents,” Kipchu said.
He said the new instrument should not be confused with the visa arrangements that apply to children accompanying parents who are in Australia on student visas.
“Children going along with their parents on a student visa are considered student dependents and continue to be covered under the Subclass 500 visa,” he said.
This distinction is particularly important for Bhutanese families, many of whom travel to Australia for education and are accompanied by their children.
The new instrument also retains restrictions relating to certain overseas adoptions. Pakistan remains the specified country under the arrangement, with no limitation on the relevant adoption period.
Under the instrument, an application for a Child (Migrant) or Child (Residence) visa will not be considered valid where the applicant seeks to meet the relevant visa requirements by claiming to have been adopted in Pakistan.
The instrument also contains transitional provisions for applications received at an address specified under the previous arrangements. Such applications will be treated as having been made in accordance with the new instrument, while retaining the date on which they were originally received and stamped.
Australia’s Department of Home Affairs has described the changes as minor and technical, with existing application arrangements largely continuing. Migration practitioners have nevertheless been advised to ensure that applications for the affected visa categories comply with the new requirements.
For Bhutanese families, however, the announcement has caused some confusion, particularly among parents whose children were born in Australia.
Some parents have questioned whether the new instrument applies to all foreign nationals in Australia or whether it concerns only children seeking specific Child visa pathways.
Sangay Choden, who recently returned to Bhutan for childbirth, said she was unaware of the new instrument and was initially unsure whether it could affect Bhutanese parents.
“I am not aware of the rule and was confused about whether it applies to everyone or only to certain categories of applicants,” she said.
Similarly, Tshering Choden, who returned to Bhutan on maternity leave after giving birth in Australia, said she was also unaware of the changes and questioned whether they could have implications for Bhutanese parents giving birth in Australia.
The concerns, however, appear to stem largely from confusion between different Australian visa categories.
Giving birth in Australia does not, by itself, mean that a child automatically becomes an Australian citizen. The child’s immigration and citizenship status depends on the circumstances of the parents and the applicable Australian laws.
For Bhutanese students and their dependents, the new Child visa instrument therefore does not, on its face, alter the existing Subclass 500 student-dependent arrangements.
The key message for Bhutanese families is that the new instrument should not be interpreted as a blanket change affecting foreign students or every child born in Australia. It governs specific Child visa applications and largely preserves existing arrangements.
Families with individual circumstances involving permanent residency, Australian citizenship, adoption or other complex migration pathways should nevertheless seek advice from a registered Australian migration professional before making an application.
Sangay Rabten, Thimphu
