Subclass 445 sponsorship and registrable offences in 2026: mandatory refusal rules
How a pending registrable offence charge or conviction against a Subclass 445 sponsor or their partner affects sponsorship and visa refusal in 2026.
Yes. If the sponsor — or the sponsor's spouse or de facto partner — has a pending registrable offence charge, the Department of Home Affairs will refuse the Subclass 445 sponsorship and refuse the visa application. A registrable offence conviction is handled differently but remains exceptionally narrow: the sponsorship can be approved only in very limited circumstances. That is the rule published on the Department of Home Affairs Dependent Child visa (Subclass 445) official page, as at July 2026, and it forms part of the child protection measures reflected in regulation 1.20KB of the Migration Regulations 1994. Because the outcome turns entirely on an individual record, this article is general information only and not personalised advice, and the official wording in force should govern any particular case.
What is the mandatory refusal rule for a pending charge?
Where the sponsor and/or their spouse or de facto partner (if any) have a pending registrable offence charge, the Department will refuse the sponsorship and the visa application. The rule does not wait for a conviction, and it does not turn on the child's own circumstances.
Three features matter in practice:
- "Pending" is enough. A charge that has not been resolved triggers the rule; there is no requirement that it end in a conviction.
- The refusal covers both decisions. It is not only the sponsorship that fails — the official page states the visa application is refused as well.
- Nothing else rescues it. Dependency, age, health, character, consent and best interests are separate criteria. A child who meets every one of them is still refused if the sponsorship is not approved.
Who does the rule cover — the sponsor, or the whole household?
It covers more than the named sponsor. The official page applies the test to "the sponsor and/or their spouse or de facto partner (if any)". A completely clean record for the person signing the sponsorship does not overcome a pending charge or conviction held by their spouse or de facto partner.
The sponsor in a Subclass 445 case is not a free choice: the child must be sponsored by the same person who sponsored or nominated the parent's permanent Partner visa application. So the record that matters belongs to whoever filled that role for the parent's case — typically where the parent holds a Partner (Provisional) visa (subclass 309), a Partner visa (subclass 820) or a Dependent Child visa (subclass 445).
Is a conviction treated the same way as a pending charge?
No. The official page draws a clear line between the two, and conviction is the only branch where approval is even conceivable.
| Sponsor or partner's record | Consequence stated on the official page |
|---|---|
| Pending registrable offence charge | The sponsorship and the visa application will be refused |
| Registrable offence conviction | The sponsorship can be approved only in very limited circumstances |
"Very limited circumstances" is the phrase used, and the eligibility page does not publish a checklist of what qualifies — it refers readers to the Department's measures for the protection of children guidance for the detail. Regulation 1.20KB of the Migration Regulations 1994, as reflected in the Department's PAM3 procedure guidance, is described in stricter terms, as requiring the sponsorship to be refused where the sponsor has an unresolved or convicted registrable offence. The position set out above is the one on the official eligibility page; because guidance of that kind is subordinate to the legislation and is revised over time, the current scope of the conviction pathway should be confirmed against the latest official publication and the full text of the Regulations.
Why does the sponsorship decision decide the visa?
Because approval of the sponsorship is a precondition, not a parallel step. The official page states that the sponsorship must be approved before the visa can be granted. Regulation 445.224 of the Migration Regulations 1994 carries the same requirement through to the moment of decision: the sponsorship must have been approved and still be in force.
That structure has two consequences families often underestimate:
- A sponsorship refusal is a standalone barrier. The child's own eligibility cannot compensate for it.
- The sponsorship has to remain valid while the case is decided. A sponsorship that lapses, or is withdrawn, leaves the application without a foundation.
The link to the parent's case also continues after grant: the child must apply to be added to their parent's permanent Partner visa application once the Subclass 445 visa is granted, a step the Department's procedure guidance (PAM3) describes as being made through Form 1002.
Can the child be sponsored by someone else instead?
Not as a way around the rule. Normally the sponsor must be the same person who sponsored or nominated the parent's permanent Partner visa application, and no alternative sponsor is offered for convenience.
Regulation 445.223(3), as reflected in PAM3 guidance, does allow the visa-holding parent to sponsor the child in a narrow situation: the original nominator or sponsor has died, or the relationship has ended, and the visa-holding parent has requested consideration under the family violence or parental arrangements provisions. Regulation 445.223(4) extends a comparable route where the child is themselves a dependent child of another Subclass 445 holder in those same circumstances.
A replacement sponsor is still a sponsor. The registrable offence bar attaches to whoever holds that role, and to their spouse or de facto partner, so moving the sponsorship does not by itself clear a pending charge or conviction.
Is this the same as the child's character requirement?
No — these are two separate tests, and conflating them is a common source of false confidence.
- The sponsor bar is a sponsorship rule under regulation 1.20KB. It looks at the sponsor and their spouse or de facto partner, and it applies regardless of the child's own record.
- The child's character requirement is a public interest criterion. The official page states that a child aged 16 years and over must meet the character requirement, and that other dependent children applying with them may also be asked to meet it. The Regulations extend public interest criteria to family members whether or not they apply with the child (regulations 445.227 and 445.228).
A child can therefore satisfy their own character requirement and still be refused because of the sponsor's record. The reverse is also true: a clean sponsor record does not answer the child's own character test.
What are the realistic options after a refusal?
The official page sets out the rule, not a waiver. Where the obstacle is a pending charge, the stated position is refusal of the sponsorship and the visa application, and the eligibility page publishes no exception for that case. Where the obstacle is a conviction, the only route described is the very limited circumstances assessment, which turns on the child protection framework rather than on the strength of the rest of the application.
Because a valid, approved sponsorship is required at the time of decision, a further application needs a sponsorship that can actually be approved. Where a refusal rests on a public interest criterion affecting the child, merits review or ministerial consideration may be available; the current review arrangements should be confirmed against the latest official publication, as review bodies and time limits are revised from time to time.
Frequently Asked Questions
Does a pending charge have to result in a conviction before the sponsorship is refused?
No. The official page states that a pending registrable offence charge held by the sponsor, or their spouse or de facto partner, leads to refusal of the sponsorship and the visa application. "Pending" means the rule applies while the charge is unresolved, so a conviction is not required to trigger it.
Is only the sponsor's record relevant, or their partner's as well?
Both. The test on the official page expressly covers "the sponsor and/or their spouse or de facto partner (if any)". A clean record for the named sponsor does not overcome a pending charge or a registrable offence conviction held by their spouse or de facto partner.
Can the sponsorship still be approved if the registrable offence is already a conviction?
Only in very limited circumstances, according to the Department of Home Affairs Dependent Child visa (Subclass 445) official page. The eligibility page does not publish a list of what counts, and refers readers to the measures for the protection of children guidance for the detail.
What happens to the child's visa application if the sponsorship is refused?
The visa cannot be granted, because the sponsorship must be approved before the visa can be granted and must remain approved at the time of decision under regulation 445.224. Meeting the other criteria — dependency, age, health, character, consent and best interests — does not overcome an unapproved sponsorship.
Can a different relative step in as sponsor?
Normally the sponsor must be the same person who sponsored or nominated the parent's permanent Partner visa application. Under regulation 445.223(3), as reflected in PAM3 guidance, the visa-holding parent may sponsor the child if the original sponsor has died or the relationship has ended and the parent has sought consideration under the family violence or parental arrangements provisions — but a replacement sponsor is still subject to the same registrable offence bar.
Is the sponsor's registrable offence the same as the child's character requirement?
No, they are separate tests. The child's character requirement applies to a child aged 16 or over, while the registrable offence rule is a sponsorship bar under regulation 1.20KB covering the sponsor and their spouse or de facto partner. A child can meet their own character requirement and still be refused because of the sponsor's record.
How current is this information?
The sponsorship statements come from the Department of Home Affairs Dependent Child visa (Subclass 445) official page, as at July 2026. References to regulation 1.20KB and regulations 445.223 and 445.224 should be confirmed against the latest official publication and the full text of the Migration Regulations 1994.