Subclass 445 sponsorship evidence in 2026: Form 40CH, financial capacity and change of sponsor

Who has to sponsor a Subclass 445 applicant in 2026?

According to the Department of Home Affairs Dependent Child visa (Subclass 445) official page (as of July 2026), a Subclass 445 child must be sponsored by the same person who sponsored or nominated the parent's permanent Partner visa application, and the sponsorship must be approved before the visa can be granted. At the time of application, clause 445.211(b) of the Migration Regulations 1994 requires the child to be sponsored by the nominator or sponsor of the visa-holding parent. The Department page lists the parent's qualifying visa as a Subclass 309, 820 or 445 visa.

The sponsorship check also covers the sponsor's spouse or de facto partner, if any. Sponsorship outcomes turn on individual evidence, so this article is general reference only and does not constitute personalised professional advice; for a specific case, the official current information and any qualified professional advice govern.

The Minister, or a delegate, must approve the sponsorship, and it must still be in effect when the application is decided under clause 445.224. The original approval is evidenced by Form 40SP or the Minister's approval letter.

When is a change of sponsor allowed, and who can step in?

At the decision stage, the default position under clause 445.223(2) is that the child continues to be sponsored by the nominator or sponsor of the visa-holding parent. A change is permitted only in the situations set out in the Regulations.

Under clause 445.223(3), if the original nominator or sponsor has died, or the relationship between the visa-holding parent and that sponsor has ceased, and the visa-holding parent has requested consideration under the family violence or parental arrangements provisions for the related Subclass 100/801 permanent Partner case, the child may instead be sponsored by the visa-holding parent. In the rare case covered by clause 445.223(4), if the child is a dependent child of another Subclass 445 holder and the same death or relationship-cessation circumstance applies, the child may be sponsored by the person requesting the Subclass 100/801 — described in the guidance as the grandparent, being the parent of the Subclass 445 holder.

What is Form 40CH and when is it required?

Form 40CH is the form used for the new sponsorship when an approved sponsor changes. Where the visa-holding parent becomes the sponsor after the original sponsor's death or the end of the relationship, the new sponsorship is made on Form 40CH rather than being continued on the original Form 40SP approval.

The new sponsorship still has to be approved by the Minister and remain in effect at the time of decision under clause 445.224. If a sponsorship ceases to be effective while the application is being processed, a new sponsorship must be provided; the substituted sponsor then follows the Form 40CH and financial capacity pathway described in the Department's PAM3 (Procedures Advice Manual) guidance.

What financial capacity does reg 1.20(2)(e) require?

For a new sponsorship, the sponsor must satisfy the financial capacity requirement in reg 1.20(2)(e) of the Migration Regulations 1994: the sponsor must have the capacity to provide financial support for at least two years. The sponsor is expected to provide financial evidence to support that capacity. The regulation and PAM3 guidance do not set out a specific income threshold in the provisions discussed here, and no dollar amount should be assumed beyond the two-year support standard; because the provision is drawn from the Regulations and PAM3 guidance, the official latest publication is the authority for the current wording and any evidentiary detail.

Can a sponsorship be refused on registrable offence grounds?

Yes. The Department page states that if the sponsor, or their spouse or de facto partner, has a pending registrable offence charge, the sponsorship and visa application will be refused. If the person has a registrable offence conviction, sponsorship can be approved only in very limited circumstances.

Reg 1.20KB is also relevant here; per the Department's official page, a pending registrable offence charge means the sponsorship and visa application will be refused, while a registrable offence conviction allows approval only in very limited circumstances. This check applies to the new sponsor as well, so a change-of-sponsor case still has to clear the same protection-of-children requirement.

Frequently Asked Questions

Who is the default sponsor for a Subclass 445 visa in 2026?

The default sponsor is the same person who sponsored or nominated the parent's permanent Partner visa application. The Department of Home Affairs official page (as of July 2026) requires that person's sponsorship to be approved before the visa can be granted, and it must still be in effect when the case is decided.

When is Form 40CH used instead of the original sponsorship?

Form 40CH is used for a new sponsorship when the sponsor changes, such as when the visa-holding parent takes over after the original sponsor's death or after the relationship ends with a family violence or parental arrangements request. The original sponsorship is otherwise evidenced by Form 40SP or the Minister's approval letter.

What does the two-year financial capacity rule involve?

Reg 1.20(2)(e) of the Migration Regulations 1994 requires the sponsor to show the capacity to provide financial support for at least two years. Supporting financial evidence is required, but the regulation and PAM3 guidance do not specify a dollar amount, so the official current text should be checked for any further evidentiary detail.

What happens if the sponsorship expires while the application is being processed?

The sponsorship must be approved and still in effect at the time of decision under clause 445.224. If it lapses during processing, a new sponsorship has to be provided, which is when Form 40CH and the reg 1.20(2)(e) financial capacity requirement can apply to the replacement sponsor.

Can a grandparent sponsor a Subclass 445 child?

In the narrow clause 445.223(4) case, yes: if the child is a dependent child of another Subclass 445 holder and the original sponsor's death or the relationship cessation has led to a family violence or parental arrangements request, the person requesting the Subclass 100/801 — described in the guidance as the grandparent — may sponsor.

Does a registrable offence affect a change-of-sponsor case?

Yes. A pending registrable offence charge means the sponsorship and visa application will be refused, and a conviction allows approval only in very limited circumstances. The same child-protection check applies to the replacement sponsor: a pending registrable offence charge leads to refusal, and a conviction permits approval only in very limited circumstances.

References

Department of Home Affairs — Dependent Child visa (Subclass 445) Federal Register of Legislation — Migration Regulations 1994